Democratic State Sen. Hiram Monserrate was found not guilty today of the felony assault after Queens Supreme Court Judge William Erlbaum rendered his verdict after reflecting on the evidence.
Monserrate was found guilty of the lesser charge of third-degree assault, a misdemeanor, in the non-jury trial for dragging his girlfriend down a hallway, an incident that was caught on surveillance cameras.
READ THE INDICTMENTS AGAINST MONSERRATE
“There were no winners here today,” said Monserrate. “This has been a humbling experience.”
Monserrate, 42, who gets to keep his seat as a result of being acquitted on felony charges, faces up to a year in jail.
He will be sentenced Dec. 4.
Monserrate (D-Queens) showed no emotion as the verdict was read.
Had Monserrate been convicted of the top charge — felony assault — he could have served up to seven years behind bars and lost his Senate seat, leaving the Democrats with a precarious 31-30 majority until a special election can be held.
During the trial, Assistant DA Scott Kessler maintained that the December 2008 attack sprung from a jealous rage in which Monserrate intentionally shoved a glass into the face of his girlfriend Karla Giraldo, who was not in the courtroom this afternoon.
The DA’s case was highlighted by the testimony of Dr. Dawn Kort, an emergency-room doctor at Long Island Jewish Hospital, who said Giraldo told her when they were alone that it was “no accident.”
But Erlbaum said he gave the testimony of hospital staffers “lesser weight” than Giraldo’s own account of what happened that night.
The judge also said he found Monserrate not guilty of the two felony charges because the alleged crimes “were not proven.”
The prosecution had contended that Giraldo was able to speak freely at the time because she was out of Monserrate’s “power and control.”
“Was Miss Giraldo giving truthful testimony to Dr. Kort?” Kessler asked. “The answer is a resounding yes.”
But Giraldo herself took the stand during the trial, giving a meandering — and often contradictory testimony — about that night, asserting she was injured in an accident and denying telling Kort anything different.
Defense lawyer Joseph Tacopina had argued that the entire episode had been an accident. He called just two witnesses and both claimed Giraldo was drunk that night.
“Obviously, we’re thrilled,” Tacopina said. “The senator committed no intentional acts.”