Jury of peers awaits Hiram
Senate to consider disciplinary action after Monserrate’s conviction
By Jeremy Walsh
Comment
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| State Sen. Hiram Monserrate arrives at the Queens County Courthouse for the verdict in his assault trial. Photo by Ellis Kaplan |
After his conviction on misdemeanor assault charges, state Sen. Hiram Monserrate’s (D-East Elmhurst) political future hinges on the findings of a committee of inquiry formed by his colleagues in Albany.
Senate Majority Conference Leader John Sampson (D-Brooklyn) announced the committee Tuesday following five days of calls for his resignation from various elected officials at the state and federal levels.
Monserrate was acquitted in a non-jury trial of two felony assault charges filed against him for allegedly slashing his girlfriend’s face with a broken glass during a fight last December. His attorney, Joseph Tacopina, said in a television interview Friday that the couple intend to marry.
Had Monserrate been convicted of a felony, he would have been forced to step down. The committee will determine what recourse his fellow senators have in light of the misdemeanor conviction, hear testimony in public hearings and then issue a report.
Sen. Eric Schneiderman (D-Manhattan), who will chair the committee, said the only precedent from recent times was the ouster of five state assemblymen in 1920 for being members of the Socialist Party.
“It’s a fascinating read,” Schneiderman said of that case.
The committee’s decision could lead to censure or a full expulsion of Monserrate from the Senate. Schneiderman said he could not set any timetable for the report.
Five Democrats and four Republicans will oversee the inquiry, including Sen. Toby Stavisky (D-Flushing), the only representative from Queens. Four of the five Democrats are women, but Sampson denied that race or gender had any factor in whom he chose. Instead, he said, the members were chosen because they had not issued public statements about the conviction.
“We are sailing in uncharted waters,” Stavisky said. “It is important that we establish a process that is fair, just and comprehensive.”
Senate Republicans have agreed to join the committee, but have not yet submitted representative names, Sampson said.
Although Sampson will not be on the committee, he contends he cannot justify Monserrate’s full expulsion until a review of procedures allows the senator to defend himself.
“As a father with a daughter, I am not only angry, I am p----- off,” Sampson said, “but as a leader, I cannot let my feelings supersede the right of other members.”
Monserrate said in a prepared statement that he and his attorney plan to cooperate fully.
The Republican camp is griping that the nine-person committee is imbalanced with five Democrats, calling it “unfair” despite dangers of a deadlock.
“Anyone who was around in June remembers what even-balance does,” Schneiderman said, referring to the gridlock that stopped the government in Albany when Monserrate and another senator crossed the aisle to join the Republicans in an attempt to establish power positions for themselves within the state Legislature.
Perhaps the most damning statement against Monserrate came from U.S. Rep. Joseph Crowley (D-Jackson Heights), chairman of the Queens Democratic Party, which supported Monserrate’s Senate bid last year.
“Mr. Monserrate’s conviction for recklessly injuring his girlfriend leaves too many questions about his judgment and ability to lead,” Crowley said in a prepared statement. “His violent behavior was not befitting a public official, and Queens residents deserve the opportunity to elect a new representative. He should close this troubling chapter by immediately resigning his office.”
One potential successor to Monserrate, the first Latino in Queens to reach the Senate, is state Assemblyman Jose Peralta (D-Jackson Heights).
“As a son, brother, husband and father, I believe that committing an assault against a woman is an unacceptable and unconscionable affront to our families and our communities,” he said in a prepared statement last Thursday, but avoided discussing what he thought Monserrate should do.
Peralta did not respond to a request for further comment.
Other powerful voices calling for Monserrate’s resignation were U.S. Sens. Charles Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.)
“I think Hiram Monserrate should do the right thing for the state of New York, the state Senate and his constituents and resign,” Schumer said in a statement.
Gillibrand said domestic violence had no place in the state Senate.
“If he does not resign, then the [state] Senate should move to expel him,” she said in a statement. “We must take a hard line against violence toward women in our society.”
Reach reporter Jeremy Walsh by e-mail at jewalsh@cnglocal.com or by phone at 718-229-0300, Ext. 154.
Senate Majority Conference Leader John Sampson (D-Brooklyn) announced the committee Tuesday following five days of calls for his resignation from various elected officials at the state and federal levels.
Monserrate was acquitted in a non-jury trial of two felony assault charges filed against him for allegedly slashing his girlfriend’s face with a broken glass during a fight last December. His attorney, Joseph Tacopina, said in a television interview Friday that the couple intend to marry.
Had Monserrate been convicted of a felony, he would have been forced to step down. The committee will determine what recourse his fellow senators have in light of the misdemeanor conviction, hear testimony in public hearings and then issue a report.
Sen. Eric Schneiderman (D-Manhattan), who will chair the committee, said the only precedent from recent times was the ouster of five state assemblymen in 1920 for being members of the Socialist Party.
“It’s a fascinating read,” Schneiderman said of that case.
The committee’s decision could lead to censure or a full expulsion of Monserrate from the Senate. Schneiderman said he could not set any timetable for the report.
Five Democrats and four Republicans will oversee the inquiry, including Sen. Toby Stavisky (D-Flushing), the only representative from Queens. Four of the five Democrats are women, but Sampson denied that race or gender had any factor in whom he chose. Instead, he said, the members were chosen because they had not issued public statements about the conviction.
“We are sailing in uncharted waters,” Stavisky said. “It is important that we establish a process that is fair, just and comprehensive.”
Senate Republicans have agreed to join the committee, but have not yet submitted representative names, Sampson said.
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“As a father with a daughter, I am not only angry, I am p----- off,” Sampson said, “but as a leader, I cannot let my feelings supersede the right of other members.”
Monserrate said in a prepared statement that he and his attorney plan to cooperate fully.
The Republican camp is griping that the nine-person committee is imbalanced with five Democrats, calling it “unfair” despite dangers of a deadlock.
“Anyone who was around in June remembers what even-balance does,” Schneiderman said, referring to the gridlock that stopped the government in Albany when Monserrate and another senator crossed the aisle to join the Republicans in an attempt to establish power positions for themselves within the state Legislature.
Perhaps the most damning statement against Monserrate came from U.S. Rep. Joseph Crowley (D-Jackson Heights), chairman of the Queens Democratic Party, which supported Monserrate’s Senate bid last year.
“Mr. Monserrate’s conviction for recklessly injuring his girlfriend leaves too many questions about his judgment and ability to lead,” Crowley said in a prepared statement. “His violent behavior was not befitting a public official, and Queens residents deserve the opportunity to elect a new representative. He should close this troubling chapter by immediately resigning his office.”
One potential successor to Monserrate, the first Latino in Queens to reach the Senate, is state Assemblyman Jose Peralta (D-Jackson Heights).
“As a son, brother, husband and father, I believe that committing an assault against a woman is an unacceptable and unconscionable affront to our families and our communities,” he said in a prepared statement last Thursday, but avoided discussing what he thought Monserrate should do.
Peralta did not respond to a request for further comment.
Other powerful voices calling for Monserrate’s resignation were U.S. Sens. Charles Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.)
“I think Hiram Monserrate should do the right thing for the state of New York, the state Senate and his constituents and resign,” Schumer said in a statement.
Gillibrand said domestic violence had no place in the state Senate.
“If he does not resign, then the [state] Senate should move to expel him,” she said in a statement. “We must take a hard line against violence toward women in our society.”
Reach reporter Jeremy Walsh by e-mail at jewalsh@cnglocal.com or by phone at 718-229-0300, Ext. 154.
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Reader Comments
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Queens Resident wrote on Oct 22, 2009 11:11 AM:
" I say again let the people decide if they want Monserrate to represent them. The media is on a feeding frenzy over this issue. I think everyone forgets that he was found NOT GUILTY of felony charges. The misdemeanor conviction is being appealed, and will be overturned.
It is no secret that the Queens Democratic Party does not like Monserrate because he cant be controlled by them. So they had the DA spend millions of dollars on this case, when from the beginning the alleged victim said it was an accident. Even the prosecutor did not want to call her to the stand, but the judged wanted to hear from her.
I want to know how many similiar cases where the victim said it was an accident were prosecuted. Probably none. "
It is no secret that the Queens Democratic Party does not like Monserrate because he cant be controlled by them. So they had the DA spend millions of dollars on this case, when from the beginning the alleged victim said it was an accident. Even the prosecutor did not want to call her to the stand, but the judged wanted to hear from her.
I want to know how many similiar cases where the victim said it was an accident were prosecuted. Probably none. "
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Scott Rose wrote on Oct 22, 2009 10:00 AM:
Never mind that Monserrate dragged and yanked an injured woman away from a neighbor's doorbell. What we see him doing in the video, humiliating Giraldo, throwing her possessions down a trash chute as she runs out into the hall wearing a camisole looking down the chute, is recognizably a domestic violence tactic. Domestic violence does not consist only of beating; it is a whole endlessly repeating cycle of mean-spirited dominance (that also includes fake apologies, and pledges that "it will never happen again" from the abuser).
Enlightened people recognize what was happening there. And then, there's all the rest of it.
It is completely unacceptable that Monserrate is, on top of refusing to resign, refusing to acknowledge any wrongdoing. This is the problem. We seem him committing what are nightmarish crimes. Tacopina vowed to challenge the video "pixel by pixel." Bully for him that he can charge a client money to do that. The rest of us are in the business of protecting the most vulnerable members of society. "