A dispute over whether a mystery witness testifies in open court or behind closed doors delayed the Nixzmary Brown murder trial for a fourth straight day yesterday.
The explanation by Justice Priscilla Hall – issued only after media including The Post demanded answers – came following a lengthy closed-door conference with lawyers for both sides.
“It has to do with this court being made aware of a witness who may testify at trial, for whom there seems to be safety issues,” Hall told puzzled spectators.
The unexplained delays began last Wednesday afternoon, when mystified jurors were told to go home early while prosecutors and defense attorneys for Cesar Rodriguez, Nixzmary’s stepfather, met with the judge.
The following day, the panel was again dismissed, this time with instructions to return Monday. But Friday afternoon, jurors were contacted by phone and given instructions not to show up on Monday either.
Instead, the judge held a sealed hearing to determine whether the concern for the witness’ safety warranted closing the courtroom when the witness actually took the stand before the jury.
Such hearings are most common when a witness who could be put at risk if publicly identified, such as a police officer who does undercover work, takes the stand.
A gag order remained in effect, preventing lawyers from either side speaking about the witness, last week’s discussions, or today’s hearing.
But prosecutors did confirm that it was their side that had asked that the witness be permitted to testify in secret. They did not, however, say they were the ones who intended to call the witness.
Rodriguez’s lawyer, Jeffrey Schwartz, also declined comment, citing the gag order, but said in court that he opposed closing the courtroom.
The closed hearing continues today, after which Hall will announce whether she’ll allow the mystery witness to testify behind closed doors.
Rodriguez, 29, faces up to 25 years to life in prison if convicted of second-degree murder for Nixzmary’s death on Jan. 11, 2006.
The little girl’s mother, Nixzaliz Santiago, also 29, is expected to go to trial on the same charges after her husband’s trial is concluded.
Prosecutors say the couple regularly beat, starved and tied to a chair the 7-year-old, who weighed 36 pounds when she died.
Rodriguez has conceded that he administered stern discipline, including beatings with a belt, but that he didn’t deliver the killing blows to Nixzmary.