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        firemonsterrate2

This belongs to you. Take it back...

Is the "fix" in with Monserratte?

by: Winston

Mon Sep 14, 2009 at 15:44:03 PM EDT


Maybe this is why Hiram Monserratte passed on that sweet plea deal last week? Is the fix in?

A judge will decide State Senator Hiram Monserrate's fate.

The 42-year-old Queens state senator was in court today, where it was decided a jury would not be seated at his assault trial. Instead, a judge alone will hear the case.

Unlike other people here, I think the slasher from Queens and his very expensive lawyer think they've got a better shot with a single judge than with 12 of his peers. Why would they think that? My guess is that he's guilty (innocent until proven, sure. blahblahblah.) and that infamous video tape will prove it.

Video cameras captured images of Mr. Monserrate throwing what prosecutors say was the card and her purse down a trash chute. After she was slashed, Ms. Giraldo is seen on video holding a towel to her face, ringing a neighbor's doorbell and clutching at a banister as Mr. Monserrate tries to yank her away. Justice William M. Erlbaum denied requests by news media organizations to make the tapes public before trial.

Bypassing closer hospitals, Mr. Monserrate drove Ms. Giraldo to Long Island Jewish Medical Center, on the Queens-Nassau border, where, according to court papers, medical workers said she told them that "her injuries were not due to an accident."

I think Hiram's pricey lawyer knows that the tape was going to convict him if it was seen by a jury. That is what was so strange about them saying no to a deal that would have let the slasher keep his seat. Now they are going to roll the dice with the judge.

Or is it really a gamble at all? What do they know that we don't?

Adama Brown speaks the truth:

even a highly paid jury consultant, one of those guys who specializes in trying to rig trials by selecting the right jurors, told him that he was guilty as hell and going to prison if he faced any jury with an average IQ higher than that of a rutabega.
Winston :: Is the "fix" in with Monserratte?
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Do we do those here?

Judge dumber than a rutabaga? (0.00 / 0)
So it sounds like to me that Monserratte's lawyer thinks that the judge is dumber than a rutabaga? Or the goal that an impartial, experienced judge will have to find him innocent?

Sounds to me like he's taking a slim chance over a sure thing. (0.00 / 0)
A jury was going to convict him. They'd see a video of a man dragging a bleeding woman out of his apartment by her hair, then they'd send him to Rikers. It's pretty much that simple.

I think Monserrate is gambling on the chance that a judge--even a judge which I gather has been less than friendly to the defense--is going to prove either easier to sway on technicality or more susceptible to pressure (probably from Pedro Espada, who doesn't want to lose his fellow bargaining chip) than a jury would.  


[ Parent ]
While all of these points seem valid (0.00 / 0)
I wouldn't call this a fix, as a) he's entitled to a bench trial if he opts for it so there's no corruption issue on its face, and b) because there's no reason to think the Judge would ignore the graphic evidence.

"Never be afraid to stand with the minority when the minority is right, for the minority which is right will one day be the majority."


-William Jennings Bryan


Monserratte the batterer (0.00 / 0)
If (I hope it's more when than if) Monserratte is convicted, does he have to give up his senate seat?  I hope so.  Assaulting a woman is a serious crime and should be treated as such.

Maybe Monserratte's lawyer is hoping he'll get less jail time if he goes before a judge.  But he sould definitely spend more than a year in jail  After all, if Martha Stewart got a year for perjury, Mr. M. should get several for beating up a woman.

Good riddance!

HylasBrook


Release the tapes (0.00 / 0)
Sen. Monserate,  you asked the court not to release the tapes related to the charges against you to prevent the jury pool from being poisoned.  Now that you have decided you would rather have a judge trial, there is no more need to protect the jury pool.  So consent to release the tapes.  Their release cannot prejudice the judge, he has already seen the tapes.  The rationale not to release the tapes is gone.

You are a public servant.  Under the law, you will be removed if you are convicted of a felony.  But if you are not convicted on a felony count, let the voters decide whether your conduct is unacceptable for a New York State Senator.  


Some thoughts (0.00 / 0)
First, Monserrate is an ex-cop and the standard rule for police on trial is to go with a bench trial.

Second, and this is just a guess, perhaps Monserrate's lawyer feels that the video is potentially damaging to anyone who rules from emotion but can be explained away by some semblance of logic (or rationalization) which a judge is much more likely to buy than a jury would be.

Third, Monserrate has been virtually convicted in the press; getting a fair trial from, to misquote Adama, "any jury with an average IQ lower than that of a rutabega," (emphasis mine) is going to be impossible.  Smart jurors are going to be willing to listen to a full explanation; stupid jurors are going to look at the video ("Hey, look -- we get a movie on this flight!") and convict.

Fourth, why would Monserrate turn down a plea deal that keeps him out of prison and (potentially) in the Senate if he weren't certain he'd be acquitted?  It seems to me that he and his lawyer have seen the videos over and over again, and are ready for a frame-by-frame explanation of what is shown.  Otherwise, he would have pleaded out this case and been done with it.

Finally, why would he even be offered such a great plea deal if the prosecutor didn't think the case had gaping holes in it?  Seriously, you have a state Senator with a record in Albany (albeit a brief one) of being somewhat off-center, a lot of press and public opinion ready to lock him up and throw away the key -- and you're ready to give away practically the entire case?  That doesn't happen unless you're seriously worried about losing.

It should be an interesting trial


I'd add one more (0.00 / 0)
Given the senate shenanigans of the last few months, I'm not sure any sitting state senator would get a favorable jury regardless of charges or evidence.

[ Parent ]
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