Parker Comes To Monserrate's Defense

by: robert.harding

Mon Oct 19, 2009 at 18:16:08 PM EDT

From Liz:

If it comes down to a vote to oust Monserrate, Parker said he will be a "no". He insisted that has nothing to do with his own situation, but rather is borne of a belief that "it is not my place" to decide whether a duly-elected lawmaker has the right to retain his seat.

"The Legislature makes the laws and the court looks at guilt and innocence," Parker said. "The courts are still legally in this process. I think any conversation about anybody doing anything to Hiram now is putting the cart before the horse when you haven't heard what the sentence is going to be."
Parker also noted Monserrate and his attorney, Joseph Tacopina, have said they intend to appeal the senator's conviction. So, in the end, he might be completely exonerated and, in Parker's eyes, the Senate will have engaged in "double jeopardy by punishing (Monserrate) a second time."

"I don't see how it helps this conference or the state of New York to rush to judgment when the legal system hasn't rendered a final verdict," Parker said.

"Frankly, I think most of these people on both sides of the aisle are more upset about Hiram's involvement in the coup attempt than they are about the incident involving his girlfriend, honestly."

Parker's argument is weak. There are those in Albany who were prepared for a felony guilty verdict to be handed down, which would have led to Monserrate's ouster. That was a very real possibility. It didn't pan out that way, but that doesn't make what Monserrate any better.

Is this revenge for the coup attempt? Maybe for a few people. I don't see it being the reason for a lot of those coming out and saying he should resign. I think it has more to do with the crime. I have watched the surveillance video of Monserrate escorting his girlfriend out of the apartment building. It is nothing short of chilling.

I don't think is Parker looking out for himself either. He genuinely believes this. It's a weak view, but it's one that he would hold no matter what was going on in his own life.  

Monserrate Found Guilty... Of Misdemeanor

by: robert.harding

Thu Oct 15, 2009 at 17:50:43 PM EDT

Monserrate was found guilty of a misdemeanor charge instead of the felony assault charge that would have led to his removal from the New York State Senate.

An outspoken and brash state senator from Queens was found guilty this afternoon on a misdemeanor charge in the face-slashing attack on his girlfriend.

But Sen. Hiram Monserrate escaped the more serious felony assault conviction that would have led to his immediate expulsion from the Senate. That would have created a new round of intrigue in the always-combative Senate because Democrats would have been, for possibly several months, one vote short to adopt bills without the help of reluctant Republicans.

Monserrate was accused by prosecutors of slashing his girlfriend's face with a broken glass last December following a loud argument. The freshman senator, a former New York City police officer, denied any wrongdoing, insisting it was an accident.

This ruling might have been expected, but it wasn't the verdict everyone would have expected months ago. With Monserrate's involvement in the "Gang of Four", many people hoped that he would be found guilty of a felony and booted from office.

It is unfortunate, however, that we do not punish to the fullest extent of the law, men who beat women but we will send a football player to prison for shooting himself.

There is a lot wrong with that picture. A lot.

Monserrate Receives Bench Trial After Waiving Trial By Jury

by: robert.harding

Mon Sep 14, 2009 at 13:53:54 PM EDT

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.