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Updated 10/14/2008 09:28 PM

Jury To Be Charged Wednesday In Trial Of Nixzmary's Mother

By: NY1 News

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The prosecution and the defense delivered their closing arguments Tuesday in the murder trial of Nixzaliz Santiago.

Santiago is charged in connection with the death of her seven-year-old daughter, Nixzmary Brown.

Santiago cried aloud in court as her lawyers described her daughter's final moments.

The defense and prosecution agreed on one thing, that the primary issue jurors must decide is Santiago's state of mind in January 2006, when Nixzmary died in their home.

Prosecutor Ama Dwimoh argued Santiago knew well that Nixzmary had suffered brutal beatings; she just didn't care. She said the last thing Santiago was, was a mother, and that she took the only chance of life away from Nixzmary when she repeatedly turned her back.

"What becomes very clear is that this defendant did not care for Nixzmary Brown," said the prosecutor. "And by her acts and her acts and her acts of omission, it's our position it was depraved indifference to the life of Nixzmary Brown."

Defense attorney Kathleen Mullin argued the prosecution presented no direct evidence of Santiago's state of mind and so could not and did not prove beyond a reasonable doubt that Santiago is a murderer. Mullin blamed Santiago's husband, Cesar Rodriguez, for dealing the final, fatal blow to Nixzmary.

She said Rodriguez, who's been convicted of manslaughter, did it while Santiago was in another room caring for her other children.

"She didn't understand the circumstances what had happened to Nixzmary when Cesar took her into that back room and duct taped her and beat her," said Mullin. "She didn't know. She couldn't have known. And, before she figured it out, Nixzmary was dead."

The top counts Santiago faces are second-degree murder and first and second-degree manslaughter. The jury will also consider other charges, such as assault and endangering the welfare of a child.

The judge will instruct the jury on the charges Wednesday, and then the jury will begin its deliberations.