The special committee investigating the conviction of Sen. Hiram Monserrate recommended Wednesday that the New York State Senate sanction its colleague, with some members suggesting that the Senate vote to expel first and, should that fail, to censure him and strip him of privileges.
Monserrate (D-Corona) immediately issued a statement saying that he would sue to block the Senate from acting on the recommendations of the committee. Former NYCLU President Normal Siegel had spoken with Monserrate Tuesday night in advance of the release of the report about possibly helping defend the Senator.
State Attorney General Andrew Cuomo, meantime, said he would work on behalf of the Senate to defend its actions regarding Monserrate.
Monserrate was convicted in October of a misdemeanor domestic assault and acquitted of felony assault charges stemming from a December 2008 incident where he struck girlfriend Karla Giraldo with a glass, causing her to get between 20 and 40 stitches to close the wound.
State Sen. Toby Stavisky (D-Flushing), who served on the special committee, said her first desire is to see Monserrate explain the inconsistencies the committee found, which ultimately led the report to read “Senator Monserrate’s misconduct damages the integrity and the reputation of the New York State Senate and demonstrates a lack of fitness to serve in this body.”
Sen. John Sampson, leader of the Senate Democratic Conference, issued a statement Thursday stating that he would “carefully and thoroughly review the findings and recommendations of the committee before commenting further on what is in the best interest of the Senate and the State of New York.”
As far as Stavisky is concerned, Monserrate’s could still save himself, but he is teetering near the edge.
“If Sen. Monserrate does not respond substantively to the report, then I am prepared to vote for expulsion,” Stavisky said Thursday.
She said that Monserrate needs to address the issues raised in the report.
“Let him go over the inconsistencies between what was said at trial and in the media,” she said. “Let him respond to those inconsistencies. If he does not, if all he does is sue us, to me that is not a substantive response.”
“The more I read, the more serious I considered the charges of domestic violence,” Stavisky added.
The Flushing Senator explained that the committee lacked consensus on suggesting procedure for the full Senate to consider. Though the report suggests two possible sanctions, the committee could not agree on a suggestion – that Stavisky felt was correct – to tell the Senate to vote first for expulsion.
“My reasoning for saying we ought to vote on expulsion first was because that is the way it happens in a court of law,” with the most severe charge being considered first, she said. Though the committee did not poll its nine members, split 5-4 between Democrats and Republicans, on this notion, “it was more of a consensus. There were members on both sides who felt there ought not be a procedural order.”
She noted that it was refreshing to see that Democrats and Republicans were able to sit together in the Senate and come to a consensus on the report. “I’m delighted that we were working together in a non-partisan way,” she said. “We can’t always be split 32-30.”
Reach Editor Brian M. Rafferty at brafferty@queenstribune.com or (718) 357-7400, Ext. 122.
Filed under: News, Politics Tagged: | Hiram Monserrate, State Senate, Toby Stavisky