Santiago was sentenced on November 12, 2008 to 43 years in prison. Justice Patricia DiMango made these harsh remarks to her: "You may not have delivered the fatal blow, but were it not for your failure to act, Nixzmary Brown would probably not have died from that blow," and "By your own statements, she gasped for air – moaning – and called for you twice until she died. You, Mrs. Santiago, ignored the desperate calls and left this little 7-year-old alone and you did nothing" and finally "You had a duty to act. You were the mother." Santiago's defense attorney Kathleen Mullin said she would appeal. On appeal, Santiago's sentence was reduced to 28 to 33 years