Nearly a week after a Queens judge exonerated State Senator Hiram Monserrate on felony assault charges but convicted him of misdemeanor assault, the embattled Senate bad boy is facing calls for his resignation – from both Democrats and Republicans.
The calls for Monserrate’s resignation began almost immediately after Judge William Erlbaum handed down the mixed verdict on Thursday, October 15, and they have grown more frequent and louder as the days have gone by.
“Mr. Monserrate’s conviction for recklessly injuring his girlfriend leaves too many questions about his judgment and ability to lead,” said Congressmember Joseph Crowley, who is also the head of the Queens County Democratic Organization. “His violent behavior was not befitting a public official, and Queens residents deserve the opportunity to elect a new representative. He should close this troubling chapter by immediately resigning his office.”
In addition to Crowley, a number of State Senators – including five members of Monserrate’s own Democratic Party – and New York’s two U.S. Senators, Chuck Schumer and Kirsten Gillibrand, have called on him to resign. Meanwhile, the Senate Democratic Conference is reportedly forming a committee that could determine his punishment.
On Tuesday, October 20, State Senate Democratic Conference Leader John Sampson announced a nine-member panel, which will be made up of five Democrats and four Republicans and chaired by Bronx/Manhattan Senator Eric Schneiderman, who will be charged with determining what, if any punishment the Senate will give Monserrate. Queens Democratic State Senator Toby Ann Stavisky is the only representative from the borough, who will serve on the panel.
“A court has now ruled, and now the Senate will examine the action we can take as a body,” Sampson said. “We have a lot of work ahead of us – and important issues to resolve in the Senate. Establishing this bi-partisan committee is the proper step we must take to protect the institution of the Senate and the rights of each member.”
Monserrate was not convicted of a felony, which would have automatically removed him from the State Legislature, and he has vowed to continue his work in Albany.
Monserrate was first elected to the State Senate in November 2008, and he made headlines in Albany, as he was one of two Democratic Senators who crossed over and caucused with the Republicans – temporarily swinging the Senate Majority from the Democrats to the Republicans. Monserrate returned to caucus with the Democrats after a week.
In his assault trial, which lasted roughly three weeks and included more than 1,000 pages of testimony, Judge Erlbaum found Monserrate not guilty on two felony charges and one misdemeanor charge. Erlbaum found Monserrate guilty in the sixth count – a misdemeanor assault that recklessly causes physical injury.
“A terrible accident occurred to my girlfriend Karla Giraldo – a person that I love – and I have to live with that forever,” Monserrate told reporters after the verdict. “There were no winners here today.”
Queens District Attorney Richard A. Brown said he cannot quarrel with the decision of the court and stressed that it found that the defendant physically abused his victim and engaged in an act of domestic violence.
“The decision represents a victory for those of us who seek to prevent family violence and abuse – and to punish those who engage in such conduct,” Brown said in a statement. “And it more than justifies our prosecution of this case in spite of the victim’s refusal to assist – or in any wise cooperate – with us in the prosecution.”
The assault charge comes with a maximum one-year prison term, but it is unclear whether he will serve any jail time. Erlbaum scheduled sentencing for Friday, December 4. Last month, Monserrate waived his right to a jury trial and opted for a bench trial where Erlbaum would ultimately determine his fate.
Reaction to the verdict was mixed from Monserrate supporters and detractors who were quick to offer an opinion on the Senator.
“He works hard for the community, his neighborhood and his family,” said Blanca Borja, who lives in Jackson Heights and has known Monserrate since 2000, while entering the courtroom. “He’s a good man, never aggressive and his relationship problems are the same problems that everyone has.”
Sonia Ossorio, the President of the National Organization for Women New York City, said the verdict was disappointing for anyone who saw the videotape and listened to the testimonies of the doctors. However, she was impressed with the prosecution’s handling of the case.
“I think the silver lining in this case is that the Queens District Attorney’s office really prioritized a domestic violence case and prosecuted this aggressively and that should be the standard everywhere,” Ossorio said.
Monserrate was arrested for assault on his girlfriend Karla Giraldo on December 19, 2008, following an incident in which Giraldo was slashed in the face with a piece of glass. Monserrate took Giraldo to Long Island Jewish (LIJ) Hospital that night where she received between 20 and 40 stitches to the laceration on her face.
During the trial, emergency room doctors testified that Giraldo told them early that morning that Monserrate struck her with the piece of glass during the fight.
However, less than 24 hours after the incident took place that December night, Giraldo signed an affidavit saying what happened was an accident – something that Monserrate has maintained since the beginning.
Joseph Tacopina, Monserrate’s lead defense attorney, made the case at trial that Monserrate was bringing an intoxicated Giraldo a glass of water in bed when he stumbled, and the glass struck Giraldo.
Claudia Cruz and Steve Mosco contributed reporting to this story.
Read about the community’s reaction to the verdict by clicking here
Read one of Monserrate’s constituent’s take on the vedict by clicking here
