He nearly got away with it. Guilty of misdemeanor assault for dragging his bleeding girlfriend by the arm through a hallway, state Sen. Hiram Monserrate was acquitted of two more-serious felony assault charges, for slashing her in a jealous rage.
But let there be no confusion. Though Monserrate is not guilty of these crimes in the eyes of the criminal law, there is compelling and persuasive evidence that he did in fact cut his girlfriend with a glass as charged.
He has therefore forfeited his right to serve the people of Queens and should be removed from office immediately - though the misdemeanor conviction does not require him to give up his seat.
Prosecutors were unable to convince Queens Supreme Court Justice William Erlbaum beyond a reasonable doubt that Monserrate deliberately sliced Karla Giraldo's face with a glass after finding a man's business card in her purse.
Even though medical personnel at the hospital where Monserrate took Giraldo - a half-hour away - said she told them he did it. Even though Giraldo changed her story completely from the first version to the tale she spun on the stand.
But reasonable doubt is a criminal standard. Human beings, exercising common sense, can come to their own judgment based on the facts as we know them.
Monserrate and Giraldo had been drinking. He found the business card, got angry and threw it down the garbage chute. They argued loudly. At some point, he brought her a glass of water, which was thrust into her face with such force that the skin around her eye was cut through to the bone.
An accident? We didn't and don't believe it.
Monserrate pulled her out of the apartment as she held a bloody towel to her face. He dragged her through the building hallway - a disturbing episode recorded by security cameras. She pounded on a neighbor's door, crying for help. He sidled her out of the building and drove her to a distant hospital, instead of calling 911.
A caring beau? We didn't and don't believe it.
Giraldo's change of story, her assertion that the injury was the result of a simple slip and fall, were enough to keep the judge from having the 99% certainty required to meet the legal benchmark for conviction. But any rational observer knows enough to believe the prosecution's account.
That's good enough - bad enough - to keep Hiram Monserrate from retaining the esteemed title of "senator" in front of his name.
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