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“A dream you dream alone is only a dream; a dream you dream together is reality.” — Yoko Ono
Apr
4
Maximum Sentence
Filed Under courts, parenthood, patriarchy, violence against women and girls | Posted by Cara |
Cesar Rodriguez has received a maximum sentence for the manslaughter of seven-year-old stepdaughter Nixzmary Brown. Nxzmary died of child abuse syndrome, specifically from blunt impact to the head with subdural hematoma. It followed years of abuse at the hands of her stepfather who beat her, starved her (she weighed 36lbs), tied her to chairs, apparently left her naked during/after beatings (i.e. almost certainly committed some form of sexual abuse), and forced her to urinate in a litter box. After a very ugly and disturbing trial, the judge did the right thing. Emphasis mine:
As he faced the judge about to sentence him for causing his 7-year-old stepdaughter’s death, Cesar Rodriguez said he was sorry. He said he loved his stepdaughter, Nixzmary Brown. He said he would serve his time. Still, Mr. Rodriguez said Thursday before a packed courtroom in Brooklyn, “I can honestly say that I’m being accused of something I did not do.”
Mr. Rodriguez’s assertion carried little weight with Justice L. Priscilla Hall of State Supreme Court. She sentenced him to the maximum term — 26 1/3 to 29 years in prison — for his role in the beating death of Nixzmary in 2006. The minimum was 15 years.
Mr. Rodriguez, 29, who was convicted last month of first-degree manslaughter and unlawful imprisonment, will be in his 50s before he is eligible for parole.
The sentence brought some comfort to prosecutors; they had charged Mr. Rodriguez with second-degree murder, which carries a maximum sentence of life in prison, but had to settle for the manslaughter conviction. Several members of the deeply divided jury have said that although they deplored Mr. Rodriguez’s conduct — he admitted beating Nixzmary daily in the final weeks of her life — they could not agree that he had shown “depraved indifference,” the standard for second-degree murder, in causing her death.
[. . .]
In her plea for the maximum sentence, Ms. Dwimoh reminded the judge that Mr. Rodriguez had a record of bad behavior. She noted that he was discharged from the Army in lieu of court-martial for sending sexual pictures of himself to a minor; that he was convicted of assaulting a relative; that he was charged with assaulting a U.P.S. driver; and, recently, indicted on charges of trying to smuggle homemade knives into his cell at Rikers Island.
“There is no end to Cesar Rodriguez’s violent ways,” she said.
Ms. Dwimoh also urged Justice Hall to consider Nixzmary’s five siblings. No sentence, she said, “could bring their sister back to them or the loss of the innocence of their childhood.” She said that Javier, Nixzmary’s older brother, had told prosecutors Wednesday that “he has prayed that when Cesar gets out of jail he is very frail and weak so that he can’t hurt any other children again.”
Rodriguez’s lawyers are still engaging in disgusting antics, including trying to have the verdict overturned, accusing the prosecution of withholding evidence (with no basis that I’ve seen reported), and outrageously claiming misconduct by the jury who somehow managed to find that this fuck did not have “a depraved indifference to life.”
I still find it utterly outrageous that Rodriguez managed to receive only a manslaughter conviction. But I do take some comfort in knowing that he will not be eligible for parole for 26 years. The sad, innocent hope of Nixzmary’s brother Javier is moving and distressing, but against the odds, I hope with him.
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“Men, their rights, and nothing more; women, their rights, and nothing less.” — Susan B. Anthony
Good.
Nothing has changed since Sylvia Likens 43 years ago – the jury in that case denied justice as well – most parents just cant believe that child abuse is serious
This asshole should have gotten the death penalty. I find it utterly ridiculous that the jury convicted him of only manslaughter. Its incomprehensible, really.
Cara, be careful about the “26 years to parole” thing.
I dont know about NY in particular, but many states have hidden provisions in which you can get early parole/release for “good behavior.” Witness Indiana. Can you believe they actually give one day of “time off” for every day of good behavior? That means a sentence of 50 years with no parole can actually mean 25 years and automatic release, with no parole hearing, no notice to victims families, just a bus ticket out of prison.
I hope this asshole gets shanked in prison on day one so we dont have to worry bout him ever getting out.
The NY State Parole Handbook explains that the type of sentence Rodriguez got was an “indeterminant sentence,” which means he does have to serve his minimum sentence before being eligible for parole.
This case made me sick, I have taken action and have become a CASA, court appointed special advocate for children, its easy, I have a full time job, its to protect children in the system, Im a volunteer, report to the judge, tell them what I think, have access to everyone involved in my case,
[...] have previously written about the horrific crime that was Nixzmary Brown’s murder. Her killer and stepfather Cesar Rodriguez got the maximum sentence of 26 1/3 to 29 years in [...]