One week after a State Senate committee released a report recommending expulsion or censure for State Senator Hiram Monserrate, the entire State Senate has yet to weigh in on the measure.
The nine-member committee, which was made up of five Democrats and four Republicans, released its report on Thursday, January 14.
“The Select Committee finds that the nature and seriousness of Senator Monserrate’s conduct, as demonstrated by the surveillance video and the other unrebutted evidence outlined in this report, showed a reckless disregard for Ms. Giraldo’s well-being and for the severity of her injury,” the report said.
“We therefore find, that under the particular facts and circumstances presented here, Senator Monserrate’s misconduct damages the integrity and the reputation of the New York State Senate and demonstrates a lack of fitness to serve in this body.”
However, Monserrate Attorney Joseph Tacopina called the report “a self-serving document – full of material omissions, legal inaccuracies and factual distortions – designed to justify a result the Select Committee desired before even commencing its investigation.” Tacopina vowed that Monserrate would challenge any decision to oust him, and he believes that his client would win in litigation.
Meanwhile, although some Senate Democrats have voiced their support for removing Monserrate and most if not all Republicans may also support that measure, there are immediate political ramifications that could come into play. Currently, the Senate Democrats hold a razor slim 32-30 majority in the Senate and removing Monserrate would leave the Democrats one vote short of the required margin to pass legislation.
Monserrate was convicted of forcibly dragging Giraldo out of his apartment building on December 18, 2008, but he was cleared of felony assault charges that he slashed her in the face with a broken glass.
He is already facing a primary challenge in September 2010 from Queens Assemblymember Jose Peralta, and if Monserrate is removed by the State Senate, he has talked about running in a special election for that seat.
