| Even more dysfunction awaits.
Senator Hiram Monserrate made a surprise move today by waiving his right to a jury trial. Instead of facing 12 jurors, he will face judgment from the justice presiding over the case.
As is his right, Mr. Monserrate, 42, accused of slashing the face of his companion, Karla Giraldo, 30, with a broken glass in an argument at home last December, chose to be judged by Justice William M. Erlbaum of State Supreme Court in Queens, instead of a 12-member jury.
...
Earlier, in discussions in the judge's chambers with an assistant district attorney, Scott Kessler, Mr. Tacopina apologized to the court and said that a jury consultant and polls had convinced the defense that Mr. Monserrate could not get a fair trial before a jury anywhere in the state.
Protesters with signs demonstrated against Mr. Monserrate outside court Monday morning, comparing him to a rat, and Mr. Tacopina cited their presence as proof he could not get a fair jury trial.
"We want this case judged fairly and impartially," Mr. Tacopina said outside court. "Having all these potential jurors coming in seeing signs just ramps up the intensity. We want to take intensity out of the mix."
If convicted of a felony, Monserrate would have to give up his Senate seat, which throw the Senate into disarray until a replacement is named. (It actually might not be bad, given the time of year this is taking place.)
The decision to face the judge is peculiar. This is a judge who hasn't exactly been Monserrate's best friend and has ruled against him every step of the way. Also, 12 people gives you a better shot than does one. But maybe there is something else we don't know about this case. |
