A Queens judge will determine the fate of Queens State Senator Hiram Monserrate as he delivers a verdict in the controversial assault case on Thursday afternoon, October 15.
With a PowerPoint presentation and snippets of the explosive hallway video, defense attorney Joseph Tacopina delivered his closing remarks on Tuesday, October 13, hoping to persuade the judge that the people did not prove their case beyond a reasonable doubt.
“This case is riddled with reasonable doubt,” Tacopina told Justice William Erlbaum, the only fact finder in the case since Monserrate waived his right to a jury. “Your honor, even if you chose to disbelieve Karla Giraldo, you are still left with unreliable testimony from the doctors.”
In summation of almost three weeks and 1,000 pages of testimony, Tacopina meticulously spent close to three hours on Tuesday, October 13 highlighting for Erlbaum where he would find reasonable doubt, the only element the defense must show since the burden of proof falls to the Queens District Attorney’s (DA) Office.
During the afternoon, Assistant DA Scott Kessler made the prosecution’s closing argument, painting an image of Monserrate as an enraged man who, after finding another man’s 2007 Police Benevolence Association (PBA) card in Giraldo’s possession, wanted to exert power and control over the victim, his then live-in girlfriend Karla Giraldo, 30, by striking her in the face with a glass.
Kessler spoke about how it took Monserrate 37 minutes to drive the 14 miles from his apartment to Long Island Jewish (LIJ) Medical Center, instead of taking Giraldo to the nearby Elmhurst Hospital.
Tacopina noted that a language barrier between the medical personnel at LIJ and Giraldo made the statements that Giraldo told the LIJ staff unreliable. However, when it was Kessler’s turn, he attempted to disprove this theory, noting that Monserrate had spoken to Giraldo in English during multiple occasions that night.
The three people who interacted with Giraldo at LIJ were triage nurse Susan Cabibbo, resident doctor Daniel Frogel and attending physician Dawne Kort. According to Cabibbo, when Giraldo walked into the triage room she said, “He’s crazy, he’s crazy,” but Cabibbo didn’t ask who she was referring to.
Using snippets from the controversial video, Tacopina pointed out that the “close and loving” relationship between Giraldo and Monserrate made it so that he used “settled determination” to get her medical treatment.
“He used reasonable force – not violence – to get [his] irrational girlfriend to hospital,” said Tacopina, showing how Monserrate reached out to her as she knocked on neighbor’s door and held onto her with one hand. “He did exactly what he was supposed to do.”
Lastly, Tacopina reminded Erlbaum that Giraldo said herself in court that “it was an accident and that he was doing what he was supposed to.”
“There is no victim saying she was victimized,” said Tacopina. “You have to find reasonable doubt.”
Monserrate could face seven years in prison and lose his State Senate position if convicted.
