By Rebecca Henely
Former state Sen. Hiram Monserrate, who was forced to give up his Albany seat after slashing his girlfriend’s face, got a partial reprieve Tuesday when a State Supreme Court judge reduced the order of protection preventing him from having any contact with her.
Karla Giraldo and Monserrate arrived in court separately in accordance with the order, which was issued in January 2009. After Justice William Erlbaum’s ruling and admonitions to Giraldo to proceed cautiously with the relationship, the two left the courthouse holding hands.
The full order of protection was not dissolved Tuesday as Monserrate and his attorneys had hoped, but was reduced to a limited order of protection, meaning the two can have contact but Monserrate may not harass or assault Giraldo and faces criminal contempt charges if the order is violated.
“We’re thrilled by [the decision],” said Chad Seigel, attorney for Monserrate.
In court Tuesday, Giraldo, who acted as a witness, requested through a Spanish interpreter that the judge lift the order of protection.
“I love him. I want to be with him and want to continue to be with him,” Giraldo said.
Erlbaum made his decision after reading a letter from a psychiatrist who evaluated Giraldo. The letter said she seemed not to be coerced in her desire to be with Monserrate and seemed to be of sound mind.
Before making his decision, Erlbaum reminded Giraldo she had been the victim of a criminal act, and urged her not to consent to being abused.
“Are you willing to show self-respect and act like an autonomous person?” Erlbaum asked Giraldo.
Giraldo said she would not allow herself to be abused.
Erlbaum also reminded both Monserrate and Giraldo that the limited of order of protection permits but does not require the two of them to have contact with one another.
“You can say, ‘Get lost’ if you want to,” Erlbaum told Giraldo.
He also warned Monserrate that reducing the order of protection could lead to harsher judgment by his peers if he violates it. He also recommended Monserrate continue his counseling sessions with the PAC Program, an addiction treatment network with centers in Queens, Brooklyn and the Bronx and multiple programs, including an anger management program.
“You have a very special responsibility,” Erlbaum said.
Monserrate and Giraldo embraced in the courtroom after the decision was made.
Seigel said Monserrate will continue to be in touch with the PAC program and probation.
“We understand the court’s need to keep some parameters,” Seigel said.
Monserrate was arrested Dec. 19, 2008, and charged with felony and misdemeanor assault for slashing Giraldo’s face open with a broken glass after finding another man’s business card in her purse and dragging her out of his apartment. He was indicted on three counts of felony assault and three counts of misdemeanor assault by a grand jury in March 2009. In a trial that ended Oct. 15, 2009, in which Monserrate waived his right to a jury, he was acquitted of intentionally slashing Giraldo’s face with broken glass, but was convicted of third-degree misdemeanor assault for dragging her out of his apartment on the way to the hospital. On Dec. 4, 2009, he was sentenced to three years probation, 250 hours of community service, a $1,000 fine and a 52-week counseling program.
The state Senate voted 53-8 to expel Monserrate from his seat on Feb. 9, 2010 because of the misdemeanor conviction. Monserrate ran as an independent in the special election to fill his seat, but was defeated by Jose Peralta, who earned 67 percent of the votes versus Monserrate’s 25 percent.
Reach reporter Rebecca Henely by e-mail at rhenely@cnglocal.com or by phone at 718-260-4564.
