Hiram Monserrate Wants Taxpayers to Cover His "Slush Fund" Defense by Bruce Golding - NYPOST.com

Read original...

Poor Hiram!

In a move that almost redefines "chutzpah," disgraced ex-pol Hiram Monserrate wants taxpayers to fund his defense against charges he misused $109,000 in "slush fund" cash while he was a city councilman.

The Queens Democrat -- who got booted from the state Senate for assaulting his girlfriend -- filed court papers yesterday saying he's unemployed and has just $100 to his name.

Monserrate says he has racked up $128,000 in debt.

Defense lawyer Joseph Tacopina, who represented Monserrate in the assault case, said in the Manhattan federal-court filing that his firm contacted Monserrate in October after learning from the feds that he'd been indicted on fraud charges.

"In response, Mr. Monserrate assured us that he would have the funds available to retain us," Tacopina wrote.

But Monserrate hasn't coughed up a dime since then, and recently revealed he lacks the means to do so.

Citing the "complexity of the this case" and the "voluminous amount" of evidence, Tacopina said it would be an "undue hardship" for his firm to continue working without pay.

He asked Judge Colleen McMahon to name him Monserrate's court-appointed lawyer under terms of the federal Criminal Justice Act, which authorizes payments of $125 a hour, up to a $9,700 maximum, for felony cases.

The Manhattan U.S. Attorney's Office declined comment.

bruce.golding@nypost.com

Francisco Moya Bids Monserrate Adios by Catalina Jaramillo - WNYC

Read original...

Francisco Moya won over voters in the 39th State Assembly district.

Catalina Jaramillo

Hiram Monserrate, the infamous former member of the New York State Senate who was recently convicted of domestic assault and kicked out office, lost his bid for election in the State Assembly to newcomer Francisco Moya.

At 11:20 on Tuesday night, Moya, an Ecuadorian-American, gave a victory speech in the race to represent the 39th Assembly district in Queens.

“He hasn’t called me yet,” he said referring to Monserrate. “But the battle is won. We will bring dignity and integrity back.”

Monserrate didn’t answer his phone, but Ramón Ramírez from his campaign conceded on his behalf. “Hiram lost,” he said.

With 100% of precincts reporting, Moya had 66.66% of the votes and Monserrate 33.34%.

Catalina Jaramillo is a reporter for El Diario/La Prensa and Feet in Two Worlds. Read more of her coverage of the Moya/Monserrate race here.

Monserrate, Ousted State Senator, Seeks Assembly Seat by Stephen Ceasar - NYTimes.com

Read original...


Hiram Monserrate, who three months ago failed to regain the State Senate seat he had lost after being convicted of misdemeanor domestic assault, is again running for office, this time for a Queens Assembly seat.

Mr. Monserrate filed nominating petitions on Tuesday to be placed on the ballot in the Democratic primary in September for the 39th Assembly District seat, Board of Elections officials said on Wednesday.

Mr. Monserrate, a former police officer and city councilman, is running for a seat representing parts of western Queens. It was left vacant when José R. Peralta was elected to Mr. Monserrate’s old Senate seat.

In October, Mr. Monserrate was convicted of recklessly injuring his companion, Karla Giraldo, after dragging her through his apartment’s lobby.

He was sentenced to three years’ probation and ordered to perform 250 hours of community service, participate in a yearlong counseling program and pay a $1,000 fine.

The Senate expelled Mr. Monserrate in February. The following month, he was handily defeated by Mr. Peralta in a special election for his former seat.

In the September primary, Mr. Monserrate will face Francisco Moya, a government affairs official for Cablevision. Mr. Moya has considerable support among New York Democrats and has the endorsement of the Working Families Party.

Doug Forand, a spokesman for Mr. Moya’s campaign, said that Mr. Monserrate’s history made him unfit for public office. “His continued insistence on being taken seriously as a candidate is both delusional and offensive to the voters,” Mr. Forand said.

Calls to Mr. Monserrate and his staff were not returned.

Petitioning's Sign of Times - Scramble's on for Ballot Spot by Lisa L. Colangelo - NY Daily News

Read original...


GATHERING signatures on petitions is the first, and sometimes toughest, task for political candidates.

They have less than six weeks to knock on doors, visit train stations and scour shopping centers to fill petitions to secure a place on the September primary ballot.

Petitions must be submitted to the Board of Elections by July 15, but the endurance test doesn't stop there.

Insurgent candidates without party backing must fight off inevitable court challenges to the validity of signatures - a method favored by incumbents and party leaders to avoid primary battles.

"You have to get at least four times the amount of signatures required," said Lynn Nunes, a Democrat running against state Sen. Shirley Huntley in the 10th District primary. "Anything less and you leave yourself vulnerable."

Election law requires Assembly candidates to gather 500 signatures and state Senate candidates to collect 1,000 between June 8 and July 15.

Bob Friedrich, who wants to run against Assemblyman David Weprin in the Democratic primary, said he is targeting registered Democrats in the 24th District.

Assembly candidate Steve Behar, a Democrat and one of six candidates vying for the 26th District seat being vacated by Ann Margaret Carrozza, said he believes the whole petitioning process should be reformed.

"There should be some system where over a year or so you collect a smaller number of signatures and it's audited by the Board of Elections," said Behar, a lawyer from Bayside.

Carrozza's decision not to seek reelection has Republicans and Democrats scrambling. Queens Democrats have endorsed Ed Braunstein, a legislative assistant to Assembly Speaker Sheldon Silver. Queens Republicans tapped lawyer Vince Tabone, who is also executive vice president of the Queens GOP.

The crowded field also includes former Assemblyman John Duane and lawyer Elio Forcina on the Democratic line and a second GOP candidate, retired city Police Officer Rob Speranza.

Assemblyman Michael Gianaris' bid for state Senate opens his western Queens seat in the 36th District. Aravella Simotas, Jeremiah Frei-Pearson and John Ciafone - all lawyers - are planning to run in the Democratic primary.

State Sen. Jose Peralta's former Assembly seat in the 39th District is also up for grabs, sparking a possible primary battle between disgraced former state Sen. Hiram Monserrate and Francisco Moya, a community leader backed by the Queens Democratic Party.

In Assembly District 38, Democratic incumbent Mike Miller is expected to face off with education advocate Nick Comaianni.

Anthony Miranda, executive chairman of the National Latino Officers Association, plans to run against Democratic Assemblyman Jeffrion Aubry in the 35th District.

Two Democrats are looking to oust state Sen. Toby Ann Stavisky in the 16th District. Retired scientist and lottery winner Isaac Sasson has promised to use his own deep pockets to counter any petition challenge. Lawyer and businessman John Messer is also eying the seat.

Hiram Monserrate Leading Movement Of Allies Running For A Variety Of Positions In Queens by Andrew Hawkins - City Hall News

Read original..

Hiram Monserrate is back. And this time, he's brought friends.

In addition to Monserrate’s alleged campaign for José Peralta’s old Assembly seat, a slate of aides, confidants and beneficiaries of the former lawmaker’s are running this year for a variety of positions—Assembly, district leader, state committee.

Local operatives see a vengeful effort orchestrated by Monserrate to claw his way back into power. But Monserrate allies say the number of people associated with him who are running this year is pure coincidence, dismissing claims of conspiracy as distracting from the issues.

“They want people to believe in the boogie man, but there’s no boogie man,” said Anthony Miranda, a former staffer of Monserrate’s who is running a primary campaign against Assembly Member Jeff Aubry in a district adjacent to Peralta’s.

Miranda co-founded the Latino Officers Association with Monserrate when both served on the police force in the ’90s. The two successfully sued the NYPD for discrimination, and later, when Monserrate ran for district leader, Miranda was at his side in support. They planned to take Northwest Queens by storm, running Monserrate for City Council and other candidates for district leader and State Senate, several people familiar with their efforts say. They did succeed in getting Monserrate elected to the City Council, making him the first Latino in elected office from Queens.

Calls to Monserrate, along with several e-mail requests seeking comment, went unanswered.

Miranda is not the only former member of Monserrate’s camp seeking office this year. Jim Galloway, president of the Lefrak City Merchants Association, is running for county committeeman. Monserrate has been a supporter of the small community group, and Galloway has in turn been one of Monserrate’s most vocal supporters.

“If he becomes the State Assembly person for that district, those people will have a jewel,” Galloway said. “It’s unfortunate what happened to him, his girlfriend. You know the rest.”

Terry Lewis—a self-ordained minister, former staffer during Monserrate’s Council and Senate days and all-around gadfly—is said to be running for district leader against James Lisa, whom Monserrate himself ran against over a decade ago. Hayden Horshen, who once worked for both Monserrate and his Council-successor Julissa Ferreras (and was fired by both), is said to be running against District Leader George Dickson.

Neither Horshen nor Lewis could be reached for comment.

On the other side of the coin is Peralta and his self-styled “unity team,” which includes Aubry, Assembly Member Michael DenDekker, Francisco Moya (who would be the candidate running against Monserrate for Peralta’s old Assembly seat), and Council Member Daniel Dromm and Ferreras, who are both seeking district leader positions.

A recent addition to Peralta’s unity team is Jessica Ramos, an organizer at District Council 37, who once worked for Monserrate but had a falling-out with the former senator. Ramos was running for district leader against former Council Member Helen Sears (who nearly became the Republican candidate in the special election to succeed Monserrate in the spring). But she has since been persuaded to abandon that effort and run for an open seat in another district.

Monserrate critics who claim to be familiar with his campaign style said that his efforts usually start out as a team effort, but usually end up with the singular mission geared just to elect Monserrate himself.

“Everyone who’s run with him, it always starts with ‘we,’” said one Queens official, “and it always ends up with ‘I’m the only one with a shot at this.’”

Aubry, who faces Miranda in this year’s primary, said he has never known Monserrate to bow down, even when the odds are clearly staked against him.

“He is a very driven individual,” Aubry said. “Even in the face of reality, he’s driven.”

Hiram Monserrate And Petitioners Harrassed Francisco Moya And Dad Outside Church by Celeste Katz - NY Daily Politics - NY Daily News

Read original...

Disgraced former state Sen. Hiram Monserrate is petitioning to get on the ballot for Assembly in Queens - and one of the candidates running for the job says the ousted lawmaker got in his face about it.

"I have seen Hiram and his people out petitioning,” Democrat Francisco Moya, who’s trying to get elected in the 39th Assembly District, told me.

On Sunday, June 13, “two of his volunteers showed up at my church while I was petitioning with my father,” Moya said. “They proceeded to accost us by yelling and screaming obscenities in front of a church on Sunday. And then he showed up and jumped right in with them. At a church on Sunday. Some things never change."

Monserrate’s colleagues overwhelmingly voted to eject him from the Senate in February after he was convicted on a misdemeanor charge of assaulting his then-girlfriend, Karla Giraldo.

He filed a failed lawsuit to get his job back, saying his ouster was unconstitutional, and then got hammered, 65% to 27%, by then-Assemblyman Jose Peralta in a March special election for his Senate seat.

Since, he’s got petitioners on the street and there’s been activity at his Queens campaign office (as you can see in this photo, the lights were on Tuesday), although he has been reluctant to answer questions about his plans.

Moya, who's in government affairs for Cablevision, was handing out campaign literature near his Corona church, St. Leo’s, when he said Monserrate’s volunteers started badgering him, obstructing him as he tried to distribute his lit and talk to voters.

Then he said Monserrate himself showed up and spoke harshly to him before backing off and heading into a nearby store.

“I know nothing about it. I know nothing about what he’s talking about,” Monserrate told me when I reached him to ask about Moya’s allegations.

He wouldn’t comment on his political future either.

Moya campaign advisor Nathan Smith says Monserrate just isn’t getting the message.

“By a margin of well over two to one, thousands of voters from this district overwhelmingly rejected disgraced politician Hiram Monserrate just months ago. These voters told the convicted abuser that they have had enough of his violent behavior and his Albany antics. They want him to go away and they want a fresh start. But Monserrate is again willing to be blindly ignorant of what the people actually want," Smith said.

News that Monserrate is seeking a return to public life didn’t sit well with NARAL Pro-Choice New York, which was the first group to call for Monserrate's ouster.

“We maintain that a man who assaulted his girlfriend has no business seeking to represent the women of Queens,” said President Kelli Conlin. “The voters have already made their view perfectly clear. Monserrate should stop wasting his time - and ours.”

Read more: http://www.nydailynews.com/blogs/dailypolitics/2010/06/hiram-monserrate-and-petitione.html#ixzz0sCodnQMm

Five Out Of Five Democrats Agree: Everyone Hates Hiram - Gothamist

Read original...


The five Democratic hopefuls for Attorney General will have some sparring ahead in their future endeavors to replace current AG Andrew Cuomo, but at least there is one thing right now that unites them all, beyond party lines and policies: a distinct disdain for one Hiram Monserrate.

Richard Brodsky, Sean Coffey, Eric Dinallo, Kathleen Rice and Eric Schneiderman all have heartily endorsed Democrat Francisco Moya for the 39th Assembly District seat over Monserrate, who recently began his political comeback by screaming outside a church. Moya said of the endorsements, "I'm honored that these 5 statewide leaders recognize my commitment to reform. Their endorsement demonstrates that even while Democrats may disagree on some things, we are ready to come together for the cause of reform and restoring honesty to our state government." And don't forget the cause of keeping Monserrate out of government!

The five pols join several other prominent politicians who have endorsed Moya over Monserrate, including Sen. Jose Peralta, who defeated Monserrate in a March special election; Julissa Ferreras, who holds Monserrate's old City Council seat; and Public Advocate Bill de Blasio, Manhattan BP Scott Stringer and former city Comptroller Bill Thompson.

Daily News political reporter Celeste Katz spoke with all five pols, who offered some serious anti-Monserrate fervor: former Federal Prosecutor Sean Coffey said, "Hiram Monserrate is grossly unqualified to be part of our growing reform movement and should instead focus on reforming himself. His many abuses range from the physically violent to the deep abuse of public trust that came as a result of his abhorrent behavior. Hiram Monserrate is a criminal who is part of the problem, not the solution." And Nassau County District Attorney Kathleen Rice said, "It is also important that the people of this district and the people of New York reject Hiram Monseratte’s campaign. He has been convicted of domestic violence. Crimes like this need to be taken seriously. The people of this district can help be rejecting his candidacy.”

Former Senator Monserrate To Enter Boxing Ring For Charity - 1010WINS.com

Read original...


Former New York Senator Hiram Monserrate is expected to announce Tuesday that he will enter the boxing ring to help raise money for a charity.

Monserrate will hold a news conference at Mendez gym in Manhattan to announce that he will join "The Fight for Charity" to raise money for autism and other special needs. Monserrate is expected to show off some of his boxing moves at the press conference.

Monserrate, the former state Senator for New York’s 13th district, was ousted from his seat in February after a misdemeanor conviction for dragging his girlfriend through an apartment lobby. He failed to get his expulsion blocked in federal court.

Monserrate apologized for any discredit he brought to the Senate, but said the facial cut his girlfriend suffered that night was an accident.

Ousted State Sen. Hiram Monserrate Loses Bid to Regain Seat as Assemblyman Jose Peralta Triumphs - NY Daily News

Read original...

A New York state senator who was expelled after a domestic violence conviction has lost his long-shot bid to get his seat back in a special election.

With 48 percent of the precincts reporting, Assemblyman Jose Peralta had 65 percent of the vote, while Hiram Monserrate had 27 percent. Local Democratic officials had endorsed Peralta, and he was 45 points ahead in a recent poll.

Republican candidate Robert Beltrani garnered 8 percent of the vote in the heavily Democratic district.

Monserrate was ousted from his seat in February after a misdemeanor conviction for dragging his girlfriend through an apartment lobby. He failed to get his expulsion blocked in federal court, but got on the ballot for the special election to fill his old seat in the 13th state Senate district in Queens.

Monserrate apologized for any discredit he brought to the Senate, but said the facial cut his girlfriend suffered that night was an accident. He said the surveillance footage of him pulling her by the arm showed him taking her to the hospital.

Also Tuesday, the 2nd U.S. Circuit Court of Appeals explained in writing its Friday decision to reject Monserrate's attempt to get his seat back through a lawsuit.

The court said that even if Monserrate had won in court, he still would not have won reinstatement or been able to cancel the special election.

The assault case was another black eye for state lawmakers already reeling from a series of corruption scandals.

Democratic party leaders had worked hard for Peralta, who raised far more money and grabbed virtually every endorsements from local party and labor leaders. Monserrate also was targeted for defeat by a gay rights group and was heckled at a candidates' debate last week.

But with special elections notoriously difficult to predict because of low turnout, the Peralta campaign focused on getting people to the polls.

Judge Denies Monserrate’s Bid to Stay in Senate by Jeremy Peters - City Room Blog - NYTimes.com

Read original...

Former State Senator Hiram Monserrate in front of the courthouse in Manhattan on Thursday. David Goldman for the New York Times

A federal judge on Friday denied [pdf] former State Senator Hiram Monserrate’s petition to block his expulsion and halt the special election called for next month to select his replacement.

Mr. Monserrate’s lawyers are expected to immediately appeal the ruling, which was issued by Judge William H. Pauley of Federal District Court in Manhattan.

Mr. Monserrate, who earlier this month became the first state legislator removed from office in nearly a century, argued that the Senate had no power to expel him and that by doing so, it violated his due process and the rights of the voters who elected him.

But during oral arguments in the case on Thursday, Judge Pauley seemed skeptical of Mr. Monserrate’s claims.

Statement from the Office of Attorney General Andrew M. Cuomo on the NYS Senate's Expulsion of Hiram Monserrate...

“We are gratified that the Court has confirmed our position that the Senate had the authority to expel Mr. Monserrate. The time for changing the culture of Albany is long past due. Today's ruling is a step in that direction. The Office of the Attorney General will continue to represent the Senate in this matter.”

Andrew Cuomo: Hiram Monserrate's Lawsuit to Get State Senate Seat Back is 'Absurd'' by Glenn Blain and Celeste Katz - NY Daily News

Read original...

Ousted state Sen. Hiram Monserrate. Ruttle/AP

State Attorney General Andrew Cuomo blasted Hiram Monserrate's argument for getting his job back as "absurd" Tuesday, saying the state Senate has to be able to boot dangerous wackos.

Monserrate's colleagues tossed him from the Senate last week on a misdemeanor conviction for assaulting his girlfriend, but the former Queens councilman is suing to stop a March 16 special election to replace him - saying his expulsion trashed his civil rights and voters', too.

If Monserrate's argument held up, "the Senate [could] not expel a member who is demonstrably corrupt, insane or violent. Such a position is not only absurd, but dangerous," Cuomo argues in federal court papers filed on the Senate's behalf.

Cuomo says no voters were harmed when Monserrate was shown the door, and the courts would only "micromanage" the Legislature by stepping in.

What's more, having someone who has been convicted of domestic violence cast votes would be "repellent to the notion of responsible government," he added.

Monserrate's lawyer, Norman Siegel, disagreed.

"Currently, neither the [state] Constitution nor New York law sets forth specific grounds for expulsion," he said. "Therefore, Hiram Monserrate was unconstitutionally and illegally expelled."

NYS Senator Joseph P. Addabbo, Jr., Statement on the New York State Senate’s Vote to Expel Senator Hiram Monserrate...

"Last night the Senate took steps to turn the page on the Hiram Monserrate nightmare. This truly unfortunate situation has drawn the legislative body’s attention and focus away from the critical issues it should have been addressing.

For my residents and the people throughout the state, the Senate must get back to work on important issues such as our budget and the state’s fiscal crisis, property tax relief, job creation, ethics and campaign finance reform, the MTA's financial situation and proposed service cuts. These are merely a sampling of the major issues the legislature must attend to and must do so in an efficient manner.

I am hopeful that my fellow Democratic Senators, and our Republican counterparts, can put aside any differences and do the work our people desperately need us to do."

Monserrate Ousted from Senate - New York Senate Moves Toward Expelling Monserrate by Jeremy W. Peters with Mick Meenan - NYTimes.com

Read original...

The New York State Senate on Tuesday night expelled a senator convicted of assaulting his companion, the first time a member of the Legislature was forced from office in nearly a century.

Hiram Monserrate, a Democrat from Queens, was convicted last fall of misdemeanor assault after a fight with his companion, Karla Giraldo, that left her with a deep gash on her face, though he was acquitted of more serious felony assault charges.

Rather than bringing a close to Mr. Monserrate’s legislative career, the expulsion could be the beginning of a lengthy fight that would play out in the courts and create further instability in the already volatile political atmosphere in Albany.

As the Senate moved forward with a vote, Mr. Monserrate’s lawyers were drafting a temporary restraining order seeking to have him reinstated. One of the lawyers, Norman Siegel, said the order would be filed Wednesday in federal court in Manhattan.

“This case raises substantial questions concerning what a constitutional democracy is all about,” Mr. Siegel said. “The New York State Senate does not have the constitutional and legal authority to expel Senator Monserrate. And even if they did, their actions have not been consistent with due process of law.”

The expulsion followed roughly five hours of closed-door negotiations among Senate Democrats, though Mr. Monserrate was asked to leave the room for part of the deliberations.

“Nobody was happy about this,” said Senator Eric T. Schneiderman, the Manhattan Democrat who led the special committee that recommended that the Senate consider expelling Mr. Monserrate. “But most senators on both sides of the aisle felt that we had to do something. The days of sweeping things under the rug are over.”

Few other episodes have so grimly symbolized Albany’s reputation as a place where impropriety and ethically questionable conduct among public officials is commonplace.

As a member of a fragile Democratic majority that holds power by a single vote, Mr. Monserrate used the threat that he would switch political allegiances to gain considerable leverage within his party. After he was arrested in December 2008 and details of the assault became known, no Democrats in the Senate openly criticized his conduct. He was given a committee chairmanship, though it was revoked after his indictment, and was even the beneficiary of a fund-raiser by the majority leader at the time, Senator Malcolm A. Smith of Queens.

In June, Mr. Monserrate was one of two Democrats who took part in the upheaval that temporarily resulted in the party’s loss of power in the Senate. His formerly loyal colleagues quickly turned on him.

Democrats lashed out: Mr. Smith’s spokesman called Mr. Monserrate “a thug,” and some Democrats began openly questioning whether he was fit to hold office.

Yet a week after the coup, Mr. Monserrate agreed to abandon his alliance with Republicans and was welcomed back into the Democratic fold. He was given back his committee chairmanship, along with its $12,500 stipend.

But once his trial ended in a misdemeanor conviction, the tide turned against Mr. Monserrate once again. Senator John L. Sampson, the Democrats’ leader, convened a special committee in October to look into the assault and determine whether it merited any disciplinary action from the Senate.

Last month the committee issued a lengthy report that castigated Mr. Monserrate, saying that he showed little remorse for injuring his companion and that he was more interested in preserving his political standing. The committee found that Mr. Monserrate’s actions demonstrated he was unfit to serve, and it recommended that the full Senate vote on a resolution to remove him from office. That report, completed on Jan. 13, set the wheels in motion for the vote Tuesday.

Though no provision in the State Constitution grants explicit authority for the Legislature to expel its own members, state law does. Still, expulsion has been extremely rare. The last time it occurred was in the 1920s, when six assemblymen who were members of the Socialist Party of America were kicked out of office.

Mick Meenan contributed reporting.

Senate Panel: Sen. Hiram Monserrate Case Serious Enough to 'Warrant a Severe Sanction' by Kenneth Lovett - NY Daily News

Read original...

State Senator Hiram Monserrate deserves "a severe sanction," a Senate panel decided. Lombard for News

A special Senate committee slammed Sen. Hiram Monserrate Thursday for damaging "the integrity and the reputation" of the legislative body and not being fit to serve.

In a strongly worded 55-page report, the Senate committee also spelled out punishment options for Monserrate, who was convicted last year of misdemeanor assault against his girlfriend.

As first reported by the Daily News last month, the bi-partisan committee recommends the Senate impose one of two punishments -- expulsion from the Senate or censure with a revocation of committee and seniority privileges.

But the committee calls for separate votes on both punishments.

It's unclear when the full Senate will take up the issue.

"The Senate committee concludes and believes that sanctions against senators should only be imposed in cases of serious misconduct," the long-awaited report concludes, adding "the select committee finds that his case is serious enough to warrant a severe sanction."

Monserrate in October was convicted of misdemeanor assault against his girlfriend, Karla Giraldo.

While he was acquitted of felony charges related to the slashing of her face with a broken glass, the conviction stemmed from his dragging her down a Queens apartment building hallway.

The Senate committee said that the "nature and seriousness" of his conduct, as caught by a surveillance video and other evidence, "showed a reckless disregard for Ms. Giraldo's well being and for the severity of her injury."

The committee, made up of five Democrats and four Republicans, met six times since being formed in November and reviewed grand jury and criminal trial minutes, exhibits and testimony.

Monserrate refused to meet or cooperate with the committee. He and his lawyer have argued the Senate does not have the power to boot him and have vowed to continue showing up for work if it tries.

The Daily News reported earlier this week that Monserrate plans to seek a federal court order blocking the Senate from taking a vote, though the report says the Senate has the full power. In a statement, State Democratic Chair Jay Jacobs said that Monserrate "must resign from his Senate seat immediately."

The online blogger Gerson Borrero this morning quotes a source close to Monserrate as saying that civil rights attorney Norman Siegel will represent Monserrate.

No lawmaker has been expelled from the Legislature since the early 1920s, when five socialists were kicked out. NARAL Pro-Choice New York hailed the committee's decision Thursday.

"NARAL Pro-Choice New York is happy to see that the special Senate committee, led by Eric Schneiderman, has reached the same conclusion we did months ago: Sen. Monserrate has no business representing the women and men of New York," the group said in a statement.

Judge Finds Monserrate Not Guilty Of Felony Assault - NY1

Read original...


A judge today found State Senator Hiram Monserrate not guilty on two counts of felony assault in connection with an incident last year where his girlfriend was injured.

However, the Queens lawmaker was found guilty of a lesser reckless endangerment charge, also a misdemeanor, for causing injury to his girlfriend, Karla Giraldo, by forcibly dragging her by her arm.

He could face up to one year in jail for the charge, but will not be forced to give up his State Senate seat.

The order of protection against Monserrate was extended.

Monserrate was accused of slashing Giraldo in the face with a broken glass.

Earlier this week, hospital employees testified his girlfriend told them Monserrate attacked her. But both Monserrate and Giraldo say she was cut accidentally when the lawmaker tripped while bringing her a glass of water.

Prosecutors argued that Giraldo changed her story after she discovered the lawmaker was going to be arrested.

In a released statement, Senate Majority Leader John Sampson said, "Accusations against public officials are of the utmost concern to everyone in a just and civil society and I take them very seriously. A court of law has now ruled and we respect the decision rendered by the justice system. The leaders of our conference are discussing the potential for further disciplinary action by the Senate and will comment further once a determination has been reached. There is no doubt that this has been a troubling situation for all those involved, but the Senate will continue to move forward and fulfill its duty. New York faces many challenges in the coming months – we will meet those challenges head on and continue to serve the best interests of the people of New York.”

Monserrate's sentencing is set for December 4.

As Monserrate Trial Nears, Peralta Prepares To Press His Own Case - City Hall News

Read original...

Popular Assembly member makes moves toward succession race, possible primary challenge...

Assembly Member José Peralta may still be a member of the Legislature’s lower chamber, but in the eyes of his colleagues, he is well on his way to a promotion.

In the cloakrooms of Albany, at least, he has earned a new nickname: “Senator Peralta.”

That has become a running joke among Peralta’s allies in the Assembly, according to one person who has heard the phrase whispered in the corridors of the Capitol. Many there consider his ascension to the Senate a fait accompli.

Peralta is already preparing a run next year for the seat of State Sen. Hiram Monserrate, according to Democrats in Queens and Albany with knowledge of the matter. Monserrate has been charged with slashing his girlfriend’s face with a broken glass, with his case scheduled to go to trial on Sept. 15. If convicted, Monserrate will automatically be removed from office.

Peralta, meanwhile, lies in wait. He is keeping his head down and his name out of the headlines, according to those close to him, but quietly putting the pieces together for a Senate campaign, should a jury find Monserrate guilty—or maybe even if not. He has discussed the idea with colleagues, and approached members of at least two organizations that would be influential in choosing a candidate to take Monserrate’s seat: the Working Families Party and SEIU 32 BJ.

“He and I have discussed that,” said Assembly Member Peter Rivera, a close friend and ally of Peralta’s. “He’d be the number-one candidate to replace Senator Monserrate, should Senator Monserrate become disabled because of any issues that happen in the very near future.”

If the seat did become open, Rivera, added, “I’d be an advocate for him to seriously consider moving to the Senate.”

Peralta has been encouraged by Democratic allies who remain angry at Monserrate for his role in instigating the Senate stalemate earlier this year, which threw the chamber into chaos and tarnished lawmakers across the state. Peralta has taken that anger as a sign that he can quietly begin assembling the support necessary to succeed Monserrate, even while Monserrate remains in office.

“There’s no question that he wants to do it,” said a Democratic staffer who works in Albany, and who has spoken with Peralta and has urged him to run for Monserrate’s seat.

The knottier question, Democrats said, was whether Peralta would challenge Monserrate should the senator survive his criminal trial and run for re-election next year. Many angry Democrats are searching for a credible challenger to Monserrate regardless of whether he is removed from office, but the organizations that influence and—more importantly—fund Democratic campaigns, such as labor unions, are less interested in seeing a battle royale.

“It’s not a question of, ‘Would he make a run if Hiram dropped out?’ If Hiram dropped out for one reason or another, he’s the guy,” said the staffer who has spoken with Peralta. “The only issue is whether or not Monserrate will still be there come next September.”

For the moment, the political players are taking a wait-and-see approach, as are most Queens Democrats. Even Monserrate’s former chief of staff and successor in the City Council, Julissa Ferreras, feels she must “stay on the fence,” according to one person close to her, in order to maintain her relationship with Peralta should he decide to run. Ferreras publicly expressed her disappointment with Monserrate for his temporary move to the Senate GOP conference, which instigated the Senate coup.

Both Monserrate and Peralta declined comment.

Queens Democrats say Monserrate remains popular in his core constituencies—among poor Latino voters, for example—but that there is considerable resentment in the parts of his district that he did not represent as a Council member, which do not know him as well.

“He’s king in Corona. He can do no wrong,” said one Queens Democratic staffer. “However, in Elmhurst … they’re holding his feet to the flames.”

That anger could be a springboard for Peralta, whose base is similar to Monserrate’s, but who remains widely respected within the political establishment.

“José is a consensus builder and knows how to work with people,” Rivera said. “Everybody looks at him as the leader of the Latino community, at least in Queens.”

Still, Rivera cautioned against predicting what might happen to Monserrate, who has routinely surprised Democratic leaders in the past.

“For anybody to assume that Monserrate is history,” Rivera said, “[that] would be making a bad assumption.”

--
ABOVE: Illustration by Aggie Kenny

Queens Senators Not Behind Governors Gay Marriage Bill by Ben Hogwood - Queens Chronicle

Read original...

Gov. David Paterson introduces legislation that would allow same-sex marriage at a news conference last week. (photo courtesy of the governor’s office)

Gov. David Paterson unveiled a gay marriage proposal last week to much fanfare, but that excitement is not shared by several local politicians.

This week, the Queens Chronicle contacted the borough’s seven senators for their opinion on the legislation. Of those, three said they opposed the bill, one was undecided, one was in support and the remaining two did not return calls.

While majority leader Sen. Malcolm Smith (D-St. Albans) supports the bill, his spokesman, Austin Shafran, said the senator will not bring it to the floor unless he knows it will succeed; right now that doesn’t appear likely. “We don’t believe there are sufficient votes at this time to pass the marriage equality bill,” Shafran said. “As soon as the votes can be secured, we will bring it up for a vote.”

Paterson, however, wants to see it voted on with or without knowing the end result, hoping national momentum will get it through. Paterson’s bill comes shortly after Vermont and Iowa legalized gay marriage.

Some Republicans would have to cross party lines to pass the bill, as several Democrats, including Queens Sen. George Onorato (D-Astoria), have declared their opposition. A spokesman for Onorato confirmed his opposition on Friday, but did not elaborate, nor did the senator return calls.

Sen. Shirley Huntley (D-Jamaica) also said she does not support the bill. Huntley said her decision is largely based on her religious beliefs. “I just don’t believe in it,” she said. “I’ve had a large influx of calls and letters from constituents who asked me not to support it.”

And that Republican support won’t come from Sen. Frank Padavan (R-Bellerose), the only GOP member from Queens in either state house. Padavan said he agreed with the state Court of Appeals when it ruled in 2006 that gay marriage is not allowed under law. That decision states that limiting marriage to opposite-sex couples could be based on rational social goals, primarily the protection and welfare of children.

Padavan was critical of Paterson’s decision to introduce the legislation now, when he believes there are bigger issues that need addressing — specifically the MTA crisis and the state budget.

That was a position echoed by Sen. Joseph Addabbo Jr. (D-Howard Beach). Addabbo represents the southern and mid Queens neighborhoods of Middle Village, Woodhaven, Ozone Park, Howard Beach, Glendale and Maspeth — areas that are historically conservative. Addabbo won the seat after defeating former Sen. Serphin Maltese, a Republican who held the position for 20 years, in 2008.

Addabbo said he has yet to make a decision on the legislation and will speak with people in the district for input. Still, he said this is hardly the time to be discussing gay marriage, citing the previous issues as well as problems closer to home, such as the closure of hospitals in the borough and redevelopment plans for Aqueduct Raceway, which is expected to become a “racino” with video lottery terminals — basically slot machines — in the near future.

“I truly believe there are priorities to be set and gay marriage is not a priority at this time,” Addabbo said.

Senators who did not return calls were Sen. Hiram Monserrate (D-Elmhurst) and Sen. Toby Stavisky (D-Flushing).

The governor’s bill is much the same as one passed in the Assembly in 2007. Three of the borough’s representatives voted against it at that time, including Assemblywoman Barbara Clark (D-Queens Village), Assemblywoman Margaret Markey (D-Maspeth) and Assemblyman Anthony Seminerio (D-Richmond Hill).

The governor introduced the legislation on April 16, framing it not as a gay issue but rather a civil rights concern.

“Marriage equality is about basic civil rights and personal freedom,” Paterson said in a prepared statement. “Too many individuals face discrimination every single day. Too many loving families do not receive the legal recognition they deserve.”

The bill would amend the Domestic Relations Law to give same-sex couples the opportunity to enter into civil marriages, qualifying them for 1,324 state rights on issues such as property ownership, inheritance, healthcare and insurance coverage.

A poll from the Siena Research Institute released Monday found that the majority of New Yorkers support the bill, with a margin of 53 to 39 percent. Democrats, independent and young voters and women strongly support Senate passage, while men, older voters, African Americans and Protestants were more often opposed, the poll found.

Queens State Senator Arraigned by Perry Chiarmonte - New York Post

Read original...

Kissing and making up isn't going to make Hiram Monseratte's troubles go away.

Both the shameless state senator and the gal pal whose face he is accused of slashing with a broken glass begged a judge to lift an order of protection today because they are in love and the charges are all a mistake.

A judge had ruled that Monseratte keep away from Carla Giraldo after he allegedly attacked her on Dec. 19 at his Jackson Heights leaving her with a gash over her eye that required 25 stitches.

But that didn't stop Giraldo from planting a wet one on Monseratte's cheek as he walked into Queens Supreme Court to be arraigned this afternoon.

Monseratte pleaded not guilty and was allowed to remain free on $5,000 bail. But during the hearing - which lasted over an hour - both Monseratte and Giraldo's lawyers tried to ask the judge to lift the order of protection.

But after Justice William Erlbaum was shown surveillance footage in his chambers from Monseratte's apartment building that showed him chasing a bleeding Giraldo through the hall following the incident, the requests were denied.

While Giraldo, 30, initially told cops Monseratte attacked her after finding another man's business card in her purse, she has since changed her tune and claimed it was all a mistake.

"It was an accident. I don't need an order of protection. It's unnecessary. This is an injustice. I love him," she said, flanked by supporters outside court following the hearing.

Monserrate also said he had rejected a plea bargain agreement because he is "innocent."

"From the very beginning, I have said it was an accident. Carla has said that this was an accident. What occurred on Dec. 19 is an accident. The district attorney's office, in fact, has had discussions with me about a plea -- a non-felony plea that had attached to it no jail time. I said unequivocally no to that because I am innocent."

Monseratte, 41, is due back in court on June 26.

New York Senate Leader Defends Action on Senator in Assault Case by Jeremy W. Peters - NYTimes.com

Read original...

Facing mounting criticism, Malcolm A. Smith, the State Senate majority leader, on Tuesday defended his handling of Hiram Monserrate, the Queens senator charged with assaulting his companion, saying that everyone deserves the presumption of innocence.

“We will let the court system process take its due course,” Mr. Smith said. “And when that action finalizes then we will take more action if we have to.”

Mr. Smith said that Mr. Monserrate’s decision to step down temporarily as chairman of the Senate Consumer Protection Committee, and give up the post’s $12,500 annual stipend, was the proper action to take while he awaits trial.

Mr. Smith walked away when asked by a reporter at the Capitol whether his holding a fund-raiser for Mr. Monserrate last week was appropriate. Mr. Smith held a cocktail reception for Mr. Monserrate at an Albany hotel; contributors paid up to $1,500 for a ticket.

Republicans and some women’s groups have criticized the lack of more serious censure of Mr. Monserrate, who is accused of slashing his companion in the face with a drinking glass.

His continued presence in the Legislature “is an affront to all the women who work there,” said Marcia Pappas, president of the National Organization for Women’s New York chapter.

Mr. Monserrate was indicted on Monday on three felony assault counts in a six-count indictment handed up by a Queens grand jury. If he is convicted of a felony, he would be expelled from the Senate.

The question of how to deal with Mr. Monserrate is a touchy one for Democratic leaders, who control the chamber, 32 to 30. Because 32 votes are required to pass legislation in the Senate or elect a majority leader, the departure of just one senator would leave Democrats without a functioning majority.

The party’s response to Mr. Monserrate has been generally supportive since he was arrested in December, and so far no Democrats have called for him to step down, temporarily or permanently.

Senate Democrats met behind closed doors on Monday and agreed privately that they would not discuss Mr. Monserrate’s case publicly.

The chairwoman of a Senate task force on domestic violence, Senator Ruth Hassell-Thompson, would not comment on Mr. Monserrate’s treatment. “I don’t want to talk about it,” she said.

Told of the backlash from some women’s rights groups, Ms. Hassell-Thompson said, “ I’m sorry that’s their opinion, but they haven’t expressed that to me.”

Other Democrats said they stood behind Mr. Monserrate, who has said the incident with his companion was an accident.

“We’re supportive of our colleague, who has maintained his innocence,” said Senator Kevin S. Parker of Brooklyn. “It’s an ongoing legal matter, and the courts will resolve it, and we’ll move on from there.”

Davidson Goldin, a public relations consultant Mr. Monserrate has retained, issued a statement saying that the Mr. Monserrate’s colleagues’ support was not surprising. “Senator Monserrate and his girlfriend have both said all along that the incident was an accident. So it’s no surprise that his colleagues believe the two people who were there when the accident occurred.”

The case has emboldened Republicans, who have stepped up their criticism that Mr. Smith is a weak and ineffective leader.

“When you let people like Senator Monserrate stay in office,” said Senator Martin Golden, a Republican from Brooklyn, “and you do fund-raisers for them, and you pat them on the back and you say, ‘Go for it!’ you know, there’s a disgrace, a disgust, in people across this state.”