JAY STREET – Nixzaliz Santiago appeared before Justice Patricia Di Mango yesterday in Brooklyn Supreme Court for a pretrial hearing – as jury selection was postponed yet again.

Wearing the same rumpled brown sweater, jeans and glasses that she has reportedly worn at her other court appearances, Santiago sat at the table with her defense attorneys, Sammy Sanchez and Kathleen Mullin. Santiago, who does not speak English, sat with an interpreter during the hearing.

Santiago is charged with murder in the second degree for the death of her 7-year-old daughter Nixzmary Brown, who after surviving years of abuse and neglect died after a particularly severe bout of beatings and malnourishment.

Justice Di Mango discussed evidentiary matters with the defense and prosecution, and urged the attorneys to be forthcoming with all evidence they knew of. Attorneys for Santiago’s husband Cesar Rodriguez – who was sentenced in April to 25 years in prison for manslaughter for his role in Nixzmary’s death – have recently accused the prosecution of withholding evidence in that case.

Addressing the attorneys, Justice Di Mango said that if they “are discovering new information, or new witnesses, it is incumbent upon all of you to make those statements, documents, and evidence known sooner rather than later.�

Santiago’s case was severed from that of husband Rodriguez during trial proceedings. Justice Di Mango stated that Rodriguez’ statements to police and during his trial cannot be admitted as evidence directly in the case, but that she would consider admitting his testimony if the prosecution chooses to utilize it during the trial.

Santiago’s attorneys asked for the opportunity to admit a new translation of Santiago’s videotaped statement to police, which was in Spanish. The defense team claimed that errors were made in the original transcription of the video. Justice Di Mango allowed them to make a new transcription.

Other evidence discussed was a tape of the 20-second 911 call that preceded the discovery of Nixzmary’s body. The defense team was allowed to listen to the tape after the hearing ended.

Santiago’s trial was adjourned until Sept. 15, when jury selection will begin in the ceremonial courtroom on the second floor of the Kings County Supreme Court Building. The larger courtroom is required because Justice Di Mango is bringing in a larger juror pool than usual, due to the high public interest in this case.

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