Poll

Will Hiram Monserrate survive and be re-elected to the NYS Senate?

Yes
2 (13.3%)
No
13 (86.7%)

Total Members Voted: 15

Author Topic: Monserrate Trial and Expulsion  (Read 33028 times)

Offline Queenskid

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Re: Monserrate Trial
« Reply #30 on: October 07, 2009, 06:02:27 PM »
This is far from a "bombshell" as the Queens Courier reported.  In fact, it's quite routine.  Judges often dismiss charges before the case goes to the trier of fact, usually a jury,but in this case the judge.  Plus, as the Times indicates, under New York law you cannot be convicted of committing the same act recklessly and intentionally.  It's either one or the other.  Nothing in this case indicated that this was a reckless act on Monserrate's part.  It's always been about whether he intentionally cut her with the glass or whether it was an accident as he claims.  This is really no big deal.

Offline Chuckster

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Re: Monserrate Trial
« Reply #31 on: October 15, 2009, 02:24:48 PM »
Well, the verdict in the Monserrate trial will be delivered this afternoon. 

The New York Times offers a brief history on Justice William M. Erlbaum, the judge deciding the case.

Monserrate Case Judge Ready to Rule
The Chuckster has spoken!

Offline Chuckster

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Re: Monserrate Trial
« Reply #32 on: October 15, 2009, 03:53:58 PM »
Word's coming down that so far, Monserrate has been acquitted of felony assault charge.  Waiting for more information.

Editing to add:  From NBC:

Judge Returns Split Decision in Monserrate Assault Trial
« Last Edit: October 15, 2009, 04:07:37 PM by Chuckster »
The Chuckster has spoken!

Offline earbears

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Re: Monserrate Trial
« Reply #33 on: October 15, 2009, 04:19:36 PM »
from The New York Times :

State Senator Hiram Monserrate, a freshman Democrat and former police officer and city councilman, was found guilty on Thursday of misdemeanor assault, but escaped a felony conviction for slicing his companion’s face during a bitter argument in his Queens apartment on Dec. 19.

Justice William M. Erlbaum, who tried the case without a jury in State Supreme Court in Queens, found Mr. Monserrate guilty of recklessly causing physical injury to his companion, Karla Giraldo, by dragging her though his lobby after she was cut.

The judge found him not guilty of two felony counts of causing her serious injury, one citing the glass as “a dangerous weapon.” He also acquitted Mr. Monserrate of a misdemeanor charge of intending to cause physical injury to Ms. Giraldo by cutting her with a drinking glass.

note - a misdemeanor would not force Monserrate out of the Senate


Offline earbears

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Re: Monserrate Trial
« Reply #34 on: October 15, 2009, 04:31:14 PM »
NY Sen. Monserrate Acquitted Of Felony Assault

NEW YORK (CBS)

New York state Sen. Hiram Monserrate has been acquitted of a felony assault charge in the domestic violence case surrounding an incident with his girlfriend, CBS 2 has learned.

The Queens Democrat won't automatically lose his Senate seat. He faces up to a year in prison.

He was found guilty on a misdemeanor charge of third-degree assault for injuring her while forcibly dragging her by the arm from the apartment. While a misdemeanor conviction doesn't automatically force Monserrate to vacate his Senate seat from Queens, it opens the door for senators to consider passing a resolution to either censure or expel him.

Offline MarcusW

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Re: Monserrate Trial
« Reply #35 on: October 15, 2009, 04:31:28 PM »
So he can be sent to jail for up to a year, but still keep his seat?
- MW

Offline earbears

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Re: Monserrate Trial
« Reply #36 on: October 15, 2009, 04:32:55 PM »
Yep. Unless they push him out, he can keep his seat.
Aren't we lucky! >:(

Offline CupcakeTownie

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Re: Monserrate Trial
« Reply #37 on: October 15, 2009, 05:16:01 PM »
Frankly, I'm not surprised by the outcome here. Justice Erlbaum clearly followed a kind of plausible (if offensive) reading of the law and the facts (as presented) in the case. I think another outcome might have been had if the judge had been from another jurisdiction, since I think that this is also a political decision rendered by a judge who, by all accounts, sees himself as part of the community. That we're stuck with a dead baby (a disgraced, impotent, State Senator) is some measure of the price we pay for this very political decision. If he is not guilty of attacking his girlfriend with a broken glass, but only of dragging her down the stairs and out the door of his building, then I'm sure he will be increasing his support for victims of domestic abuse and for programs to educate young men on how to handle their emotions. "Happens all the time" my students say of domestic abuse.  "Happens all the time?" We cannot allow this to seem normal or natural.

I wish Karla Giraldo could be prosecuted for perjuring herself on the stand. I hope she never has to experience such a brutal assault again, and I also hope that no young women saw what she did as a possible path for themselves.  I know that as an educator in the public university system, I vow to make this topic a central concern of my practice for the duration of my career. In the meantime, I'll be out on the streets urging for an alternative to Hiram Monserrate for State Senate.

« Last Edit: October 15, 2009, 05:27:34 PM by CupcakeTownie »
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Offline InWoodside

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Re: Monserrate Trial
« Reply #38 on: October 15, 2009, 05:17:10 PM »
So who out there is willing to run against him?  I will volunteer for whoever is willing.

Offline CupcakeTownie

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Re: Monserrate Trial
« Reply #39 on: October 16, 2009, 12:41:48 AM »
The question is, perhaps, not so much who will run against him, but who will continue to back him now that he's been spared automatic ejection via felony? I for one will be keeping a scorecard of Queens County Democrats who a) line up behind him, or b) remain silent.  Hopefully, none of our other elected officials will be hiding in the bushes until the anger subsides.  I know the Albany folks need him--but we don't have to play along with that. I know I'll be backing the Republican if that's the only opposition to Monserrate next time around.

I used to live as a Company Townie, but now I am living in Cupcake Town.

Offline Griswold Girl

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Re: Monserrate Trial
« Reply #40 on: October 16, 2009, 08:58:37 AM »
Yes, seems like the democrats need to find a way to get rid of him and replace him with a democrat otherwise the Republicans will with a Republican.

Jackson Heights does not need a Senator who rips off the police department for disability, steals from charities and "misdemeanor" assaults his girlfriend. Enough is enough.  I hope that the people who supported him in the past now finally realize that he is only out for himself. 

If he had any class at all he would step down so we can have a real Senator work for our neighborhood.  However, I would be shocked if he did such a thing. 

Offline Marlene

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Re: Monserrate Trial
« Reply #41 on: October 16, 2009, 09:26:29 AM »
I'd like to know who is paying for Monserrate's attorney fees.  His attorney, "JOE TACOPINA IS THE HOTTEST YOUNG CRIMINAL DEFENSE LAWYER IN NEW YORK."  http://www.tacopinalaw.com/pdfs/westport1102.pdf

Monserrate, let us know who is paying your fees, please.  Nothing like having one of the "hottest" criminal defense attorneys representing you.  :smiley6600:

Offline earbears

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Re: Monserrate Trial
« Reply #42 on: October 16, 2009, 04:12:53 PM »
Krueger: Monserrate Can't Stay
By Jimmy Vielkind

ALBANY—One of Hiram Monserrate's Democratic colleagues in the State Senate is now calling for his resignation in the wake of an assault conviction yesterday.

Liz Krueger, who represents the Upper East Side, just issued a press release saying Monserrate "should resign immediately based on the seriousness of his violent crime." Leaders in the Democratic conference have taken a more hedged position, and some Democrats are defending Monserrate.

Krueger's release iterates that as the chamber explores "our institutional legal options," she does not believe Monserrate should remain.

Here's the full release from Krueger:

"I believe Hiram Monserrate should not remain in the Senate, and for the sake of his constituents, the institution of the Senate and the Democratic party he should resign immediately based on the seriousness of his violent crime.
 
Being an elected official is an honor and a privilege, not a right.  As a state legislator , the voters give you the power to decide what laws all 19 million of us live under.  And as such we are obligated to hold ourselves to the highest standards of our laws.
 
The justice system has determined that Mr. Monserrate has violated our laws and is guilty of a very disturbing and violent crime against a woman. Domestic violence is a scourge on our society, and an issue which I believe requires us to speak out.  Only through speaking out can we work to prevent more violence, support survivors, end the stigma and fear that victims deal with, and advocate for stronger penalties for those who believe they are above the law and violate another human being.
 
The Senate is exploring our institutional legal options now that the Courts have ruled, but haven't yet issued a sentence. For me, the length of the sentence does not matter - domestic violence is domestic violence, guilt is guilt.  Therefore, I believe Hiram Monserrate should not remain in the Senate."

Offline earbears

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Re: Monserrate Trial
« Reply #43 on: October 16, 2009, 09:52:00 PM »
from an article in tonight's online Daily News:

"In an ominous sign for Mr. Monserrate, his colleagues were joined by Representative Joseph Crowley, the influential chairman of the Queens Democratic Party, who last year helped nudge aside Mr. Monserrate’s predecessor, former Senator John D. Sabini, so that Mr. Monserrate could run for the seat.

Mr. Monserrate’s conviction raised too many questions about his judgment for him to remain in office, Mr. Crowley said. And if Mr. Monserrate refused to resign, Mr. Crowley said he would back a challenger in next year’s primary.

“I think there is a tremendous amount of emphasis, and rightly so, that this was domestic violence,” Mr. Crowley said. “I don’t think it’s something our party wants to be associated with, and it’s not representative of the constituency which elected him.”



Offline Aronan

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Re: Monserrate Trial
« Reply #44 on: October 16, 2009, 11:31:42 PM »
Nice to hear Joe Crowley is on our side.  Hopefully his pressure will help.
"It is widely recognized that the courageous spirit of a
single man can inspire to victory an army of
thousands. If one concerned with ordinary gain can
create such an effect, how much more will be produced by one who cares for greater things ?" -Chunag Tse

Jackson Heights Life

Re: Monserrate Trial
« Reply #44 on: October 16, 2009, 11:31:42 PM »