Jurors Appear Skeptical of ‘Little Houdini’ Defense in Child’s Death

The defense lawyer for a Brooklyn man accused in the death of his 7-year-old stepdaughter told jurors yesterday that the slain child was “a little Houdini” who needed to be corrected.

Jurors appeared skeptical yesterday of lawyer Jeffrey Schwartz's arguments that the child, Nixzmary Brown, terrorized her siblings and resisted discipline by wriggling out of ropes that tied her to a chair, the New York Times reports. “A couple of them scowled skeptically,” the newspaper says of the jurors.

Cesar Rodriguez is accused of second-degree murder for beating the child with a belt and thrusting her head under cold water after she ate some yogurt without permission. Schwartz said the yogurt incident should be considered in context.

“It’s easy to say, ‘Aw, he killed the kid and beat her because of yogurt,’ " Schwartz said. “But when you’re poor and you can’t afford unlimited amounts of food and you have six children, you have to make sure that everyone gets what they’re entitled to get, so that you can ensure that everyone stays healthy.”