Hiram Monserrate
Encyclopedia
Hiram Monserrate is a former member of the New York State Senate
. He represented the 13th District which includes the Queens
neighborhoods of Jackson Heights
, Corona
, East Elmhurst
, Elmhurst
and Woodside
. He was expelled by the New York State Senate on February 9, 2010 in connection with a misdemeanor assault conviction.
Previously, he was member of the New York City Council
representing District 21 covering an area similar to the 13th Senate District. He had served as Co-chair of the City Council's Black, Latino and Asian Caucus and as chairman of the Veterans Committee on the Council. He is a member of the Democratic Party
. He is a former Marine and New York City police officer.
On March 23, 2009, a grand jury indicted Monserrate on three felony and three misdemeanor charges, in connection with a December 19, 2008 injury to his girlfriend. He was convicted on October 15, 2009 of one count of misdemeanor assault, and acquitted of two counts of felony assault and one other count of misdemeanor assault. He was later sentenced to three years probation, 250 hours of community service, and one year of domestic abuse counseling. A committee of the State Senate made disciplinary recommendations to the entire Senate for his censure or expulsion. The State Senate voted to expel Monserrate.
announced an executive order allowing city employees to report illegal immigrants to federal authorities. Monserrate, then chairing the Council's Black, Latino and Asian Caucus, argued that this would worsen relations between immigrant communities and the police. He responded by sponsoring a bill, titled "Access Without Fear", forbidding city officials from revealing information about any New York citizen except as required by law. He joined director Stephen Frears
in publicising the immigration film Dirty Pretty Things
to raise awareness of the issue.
to deliver the Purification Rundown
(an alternative "detoxification" procedure created by L. Ron Hubbard
as part of Scientology
) to treat rescue workers affected by the September 11 attacks. Monserrate went through the program himself, and drafted official proclamations honoring both Cruise and Hubbard. He also attended a fund-raising dinner in New York for the project, as well as an event at the Scientology Celebrity Centre in Los Angeles. He describes himself as "a Christian, who was raised Evangelical Christian" and denies any belief in Scientology, arguing that it is unconnected to the rundown. He dismissed medical authorities' criticism of the rundown, saying, "This is the same type of thing they said about chiropractors twenty years ago."
, a 16-year incumbent. Monserrate came within 200 votes of pulling off an upset in one of the closest races in Queens. In 2008, he again ran for the State Senate with the support of organized labor. The incumbent State Senator Sabini withdrew after his appointment to chair the New York State Racing and Wagering Board
. Monserrate then ran unopposed and on November 4, 2008, was elected the New York State Senator for the 13th district. Monserrate was endorsed in 2008 by the Empire State Pride Agenda
, an advocacy group that supports same-sex marriage.
In late 2008, the Senator opposed Mayor Bloomberg's planned use of eminent domain in the $4 billion Willets Point
Redevelopment project in Queens. The long-term project aimed to clear the 62 acres (250,905.3 m²) industrial area, clear up pollution and develop a hotel and convention center. However, it was initially opposed by a majority of the existing business owners. Monserrate changed his mind and supported the development after being assured that one third of the housing would be affordable and that the city would offer businesses an opportunity to relocate. He told reporters the compromise showed that government "can be fair and still do good economic development".
On June 8, 2009, Monserrate and Pedro Espada
(D-Bronx) formed a coalition with the Senate Republicans. The resulting 32-30 majority appointed Senator Dean Skelos
(R-Rockville Centre) as Majority Leader and installed Espada as Temporary President of the Senate, replacing Senator Malcolm Smith (D-Queens). A week later, the Senate Democrats appointed Senator John Sampson
as their leader. Monserrate responded that day by rejoining the Democratic caucus, leaving the Senate tied. With the office of Lieutenant Governor
vacant due to Eliot Spitzer
's resignation, the tie could not be resolved, and the resulting legislative deadlock
continued until July 9, when Espada switched back to the Democrats.
On December 2, 2009, Monserrate voted against legislation allowing same-sex marriage
, which failed to pass the Senate.
the same day and pleaded not guilty to the charges of second-degree assault
, a felony
that carried a maximum sentence of seven years in prison, and fourth-degree criminal possession of a weapon. If Monserrate were convicted of the felony charges, he would have been automatically expelled from the Senate.
His companion initially made statements to hospital staff and the police which led to his arrest. She later changed her account to match that of Monserrate namely that the cuts on her face near her left eye from a broken glass were an accident and she is no longer cooperating with the investigation. Sources have discussed with the media evidence including video surveillance that support the charges of assault and the attempt to cover it up. On February 27, 2009, the order of protection which prevents Monserrate from having contact with Giraldo was extended over the objections of Monserrate's attorney.
indicted Monserrate on three counts of felony assault on Giraldo and three counts of misdemeanor assault.
If convicted, the maximum sentence would be seven years. Monserrate denied the charges, saying "Listen, the reality is that from the very beginning I have said this was an accident. My girlfriend said it's an accident. This is an accident and we look forward to the dismissal of all these charges based on the truth."
The charges were not dismissed and proceeded to trial where Monserrate waived his right to a jury on September 18, 2009. As his trial started, the security camera videotape described above was entered in evidence and made public. It shows his girlfriend screaming and clutching at doorways as he forces her outside.
On December 4, 2009, Monserrate was sentenced to three years' probation, 250 hours of community service, a $1000 fine, and one year of domestic abuse counseling. He sought to vacate the order of protection preventing him from contact with Giraldo. It was not vacated. The conviction was appealed.
In an appearance before the sentencing judge, William Erlbaum, on July 7, 2010, Monserrate again petitioned to have a court order prohibiting him from contact with Giraldo vacated. The petition was granted, and according to the New York Post, Monserrate and Giraldo kissed and held hands.
(D-Manhattan) recommended disciplinary action against Monserrate. Politicians of both parties at the national, state, and local level have called for him to resign, or for his expulsion from the State Senate. The committee's report was released on January 14, 2010 and recommended that the full Senate expel or censure him. On January 21, 2010; State Senator Brian Foley
(D-Long Island) introduced a resolution to the Senate calling for his expulsion for behavior "not compatible with his oath of office."
On February 9, 2010, the Senate voted to expel Monserrate. The vote was 53 to 8 with one senator not present. The eight "no" votes were cast by Democrats from New York City—Espada, Sampson, Carl Kruger
, Kevin Parker, Ruben Diaz, Martin Malave Dilan
and Eric Adams
. Twenty-nine Republicans voted for the resolution. Sen. Thomas Morahan
(R-New City
, Rockland County), was excused due to illness. In response, Monserrate sued the State Senate in Federal court. On February 19, 2010, U.S. District Court Judge William Pauley
refused to reinstate Monserrate to the New York State Senate. In a written opinion, Judge Pauley ruled that Monserrate's claims of denial of due process were not founded and that the right of legislative bodies to discipline members is "embedded in American democracy." Monserrate appealed the decision of Judge Pauley to the United States Court of Appeals for the Second Circuit
, in an attempt to overturn both the expulsion and the special election to replace the vacant seat in the New York State Senate. The appeal was denied on March 12.
announced "The community is ready to move on". The party leadership will support Assemblyman Jose Peralta
for the State Senate. Governor
David Paterson
has called for a special election in the 13th Senate District to be held on March 16, 2010. Monserrate said he filed petitions on February 23 with sufficient signatures to place him on the ballot for the special election. The Empire State Pride Agenda
opposed his candidacy because of his vote against gay marriage, and stated that they supported Monserrate in 2008 because he told them that he would support gay marriage.
An editorial
in The New York Times
commented negatively regarding Monserrate's campaign in the special election for the vacant New York State Senate seat, "Former State Senator Hiram Monserrate’s story would seem to rule him out of any race for public office. He was convicted last year of brutally dragging a female companion through his apartment lobby after she was, somehow, slashed in the face with a broken glass while in his room. His fellow state senators, from both parties, voted 53 to 8 to expel him, the first such action taken by the State Senate in more than 90 years. Yet here is the disgraced former senator, shamelessly running in a special election in Northern Queens on Tuesday in an effort to return to his old seat. Mr. Monserrate is not baring his soul or apologizing for his actions. Incredibly, he is declaring himself the victim in the mess he created for himself, his wounded companion and many others around him."
According to The New York Times, on the day of the special election, Monserrate visited "a senior center on Roosevelt Avenue in Corona that also held a polling station, violating election laws that require candidates and their supporters to stay at least 100 feet away." Later on the day of the election, two vans labeled with Monserrate's parked adjacent to a polling location, and a poll worker instructed Monserrate that per election laws, the vehicles needed to be moved. Monserrate asserted that the vehicles were not working for him, and responded to the poll worker, "Buzz off, man. Buzz off. Go shave, get a haircut and get lost. Who are you to tell me who I can and can’t talk to?"
According to the Associated Press
, Jose Peralta won the special election, outpolling Monserrate 65 percent to 27 percent and Republican Robert Beltrani with 8 percent. In May 2010, Monserrate dropped a lawsuit against the New York State Senate he had filed in U.S. federal court; his lawyer noted, "Basically we thought [the court] heard our arguments. We didn’t prevail." The Queens County Democratic Party made selections for its picks in the 2010 elections, and endorsed community activist Francisco Moya for Assembly District 39 in the New York State Assembly. Monserrate had previously voiced interest in running for the Assembly seat. The Executive Secretary for the Queens Democratic Party stated that the endorsement of Moya was in part an attempt to prevent this, and said: "We’re putting together a coalition that is going to make it very clear that Hiram [Monserrate] has no part in the Democratic Party." In May 2010, Monserrate was unemployed, and the New York Post
reported that he was no longer in a relationship with Karla Giraldo.
39th district (Jackson Heights
-Corona
) in July 2010. On July 30, 2010, the New York Daily News reported that Monserrate and Giraldo have reconciled. On September 14, 2010, Francisco Moya
, a local community activist
who held the support of the Democratic party leadership, defeated Monserrate in the primary election 2711 votes to 1358 votes.
Millions of dollars in so-called discretionary member items have been allocated by members of the City Council to non-profit groups with ties to the members. The investigation of Monserrate is part of a broad federal investigation to determine if these funds have been used for the members' personal or political expenses.
At a hearing to determine if Monserrate would be allowed to use public funds to defend himself, his motion was denied. He also indicated that he was unemployed and he did not affirm to the judge that he was seeking any employment. He has been assigned a court-appointed attorney.
in Corona, Queens. It is unclear if he is an owner or only an employee.
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
. He represented the 13th District which includes the Queens
Queens
Queens is the easternmost of the five boroughs of New York City. The largest borough in area and the second-largest in population, it is coextensive with Queens County, an administrative division of New York state, in the United States....
neighborhoods of Jackson Heights
Jackson Heights, Queens
Jackson Heights is a neighborhood in the Northwestern portion of the borough of Queens in New York, New York, United States. The neighborhood is part of Queens Community Board 3...
, Corona
Corona, Queens
Corona is a densely-populated neighborhood in the former Township of Newtown in the borough of Queens in New York City, New York, United States...
, East Elmhurst
East Elmhurst, Queens
East Elmhurst is a culturally diverse area in New York City, in the northwest of the borough of Queens. It is located north of Jackson Heights and Corona and is bounded on the east and north by Flushing Bay. Residents are mostly moderate-income families, but there are also low-income areas. It...
, Elmhurst
Elmhurst, Queens
Elmhurst is a neighborhood in the New York City borough of Queens. It is bounded by Roosevelt Avenue on the north; Corona to the northeast; Junction Boulevard on the east; Rego Park to the southeast; the Long Island Expressway on the south; Middle Village to the south and southwest; and Maspeth...
and Woodside
Woodside, Queens
Woodside is a neighborhood in the western portion of the New York City borough of Queens. It is bordered on the south by Maspeth, on the north by Astoria, on the west by Sunnyside and on the east by Elmhurst and Jackson Heights. Some areas are widely residential and very quiet, while others are...
. He was expelled by the New York State Senate on February 9, 2010 in connection with a misdemeanor assault conviction.
Previously, he was member of the New York City Council
New York City Council
The New York City Council is the lawmaking body of the City of New York. It has 51 members from 51 council districts throughout the five boroughs. The Council serves as a check against the mayor in a "strong" mayor-council government model. The council monitors performance of city agencies and...
representing District 21 covering an area similar to the 13th Senate District. He had served as Co-chair of the City Council's Black, Latino and Asian Caucus and as chairman of the Veterans Committee on the Council. He is a member of the Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
. He is a former Marine and New York City police officer.
On March 23, 2009, a grand jury indicted Monserrate on three felony and three misdemeanor charges, in connection with a December 19, 2008 injury to his girlfriend. He was convicted on October 15, 2009 of one count of misdemeanor assault, and acquitted of two counts of felony assault and one other count of misdemeanor assault. He was later sentenced to three years probation, 250 hours of community service, and one year of domestic abuse counseling. A committee of the State Senate made disciplinary recommendations to the entire Senate for his censure or expulsion. The State Senate voted to expel Monserrate.
Political career (2002–2009)
In June 2003, Mayor Michael BloombergMichael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
announced an executive order allowing city employees to report illegal immigrants to federal authorities. Monserrate, then chairing the Council's Black, Latino and Asian Caucus, argued that this would worsen relations between immigrant communities and the police. He responded by sponsoring a bill, titled "Access Without Fear", forbidding city officials from revealing information about any New York citizen except as required by law. He joined director Stephen Frears
Stephen Frears
Stephen Arthur Frears is an English film director.-Early life:Frears was born in Leicester, England to Ruth M., a social worker, and Dr Russell E. Frears, a general practitioner and accountant. He did not find out that his mother was Jewish until he was in his late 20s...
in publicising the immigration film Dirty Pretty Things
Dirty Pretty Things (film)
Dirty Pretty Things is a 2002 film directed by Stephen Frears and written by Steven Knight, a drama about two illegal immigrants in London...
to raise awareness of the issue.
Scientology controversy
The Councilman supported the New York Rescue Workers Detoxification Project, a project co-founded by Tom CruiseTom Cruise
Thomas Cruise Mapother IV , better known as Tom Cruise, is an American film actor and producer. He has been nominated for three Academy Awards and he has won three Golden Globe Awards....
to deliver the Purification Rundown
Purification Rundown
The Purification Rundown, also known as the Purif or the Hubbard Method, is a controversial detoxification program developed by Scientology's founder L. Ron Hubbard and used by the Church of Scientology as an introductory service. Scientologists consider it the only effective way to deal with the...
(an alternative "detoxification" procedure created by L. Ron Hubbard
L. Ron Hubbard
Lafayette Ronald Hubbard , better known as L. Ron Hubbard , was an American pulp fiction author and religious leader who founded the Church of Scientology...
as part of Scientology
Scientology
Scientology is a body of beliefs and related practices created by science fiction and fantasy author L. Ron Hubbard , starting in 1952, as a successor to his earlier self-help system, Dianetics...
) to treat rescue workers affected by the September 11 attacks. Monserrate went through the program himself, and drafted official proclamations honoring both Cruise and Hubbard. He also attended a fund-raising dinner in New York for the project, as well as an event at the Scientology Celebrity Centre in Los Angeles. He describes himself as "a Christian, who was raised Evangelical Christian" and denies any belief in Scientology, arguing that it is unconnected to the rundown. He dismissed medical authorities' criticism of the rundown, saying, "This is the same type of thing they said about chiropractors twenty years ago."
Senate
In 2006, Monserrate ran for the New York State Senate against fellow Democrat John SabiniJohn Sabini
John D. Sabini is the Chairman of the New York State Racing and Wagering Board, having served in this capacity since August 2008 when he was confirmed by the New York State Senate. Sabini had previously been a member of the New York State Senate, a Democrat first elected in 2002. He represented...
, a 16-year incumbent. Monserrate came within 200 votes of pulling off an upset in one of the closest races in Queens. In 2008, he again ran for the State Senate with the support of organized labor. The incumbent State Senator Sabini withdrew after his appointment to chair the New York State Racing and Wagering Board
New York State Racing and Wagering Board
The New York State Racing and Wagering Board is the official governing body that oversees horse racing, charitable gaming, and Indian casino gaming in New York State...
. Monserrate then ran unopposed and on November 4, 2008, was elected the New York State Senator for the 13th district. Monserrate was endorsed in 2008 by the Empire State Pride Agenda
Empire State Pride Agenda
The Empire State Pride Agenda is a statewide political advocacy organization in New York that advocates for lesbian, gay, bisexual, and transgender rights, including same-sex marriage. ESPA was founded in 1990 through the merger of the New York State Gay and Lesbian Lobby and the Friends and...
, an advocacy group that supports same-sex marriage.
In late 2008, the Senator opposed Mayor Bloomberg's planned use of eminent domain in the $4 billion Willets Point
Willets Point, Queens
Willets Point, also known locally as the Iron Triangle, is the name currently applied to a neighborhood of Corona, in the New York City borough of Queens....
Redevelopment project in Queens. The long-term project aimed to clear the 62 acres (250,905.3 m²) industrial area, clear up pollution and develop a hotel and convention center. However, it was initially opposed by a majority of the existing business owners. Monserrate changed his mind and supported the development after being assured that one third of the housing would be affordable and that the city would offer businesses an opportunity to relocate. He told reporters the compromise showed that government "can be fair and still do good economic development".
On June 8, 2009, Monserrate and Pedro Espada
Pedro Espada
Pedro Espada, Jr. was a Democratic member of the New York Senate for the 33rd Senate District. He was the New York State Senate Majority Leader and Vice President Pro Tempore for Urban Policy of the Senate...
(D-Bronx) formed a coalition with the Senate Republicans. The resulting 32-30 majority appointed Senator Dean Skelos
Dean Skelos
Dean G. Skelos is an American politician and the Republican Temporary President and Majority Leader of the New York State Senate. Skelos represents District 9 in the State Senate, which comprises the southwest region of Nassau County. He is the second Long Islander to hold the position of Majority...
(R-Rockville Centre) as Majority Leader and installed Espada as Temporary President of the Senate, replacing Senator Malcolm Smith (D-Queens). A week later, the Senate Democrats appointed Senator John Sampson
John L. Sampson
John L. Sampson represents District 19 in the New York State Senate, which comprises Crown Heights, East Flatbush, as well as portions of Brownsville, Canarsie and Spring Creek Towers....
as their leader. Monserrate responded that day by rejoining the Democratic caucus, leaving the Senate tied. With the office of Lieutenant Governor
Lieutenant Governor of New York
The Lieutenant Governor of New York is a constitutional office in the executive branch of the government of New York State. It is the second highest ranking official in state government. The lieutenant governor is elected on a ticket with the governor for a four year term...
vacant due to Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
's resignation, the tie could not be resolved, and the resulting legislative deadlock
2009 New York State Senate leadership crisis
The 2009 New York State Senate leadership crisis was a political dispute in New York that began on June 8, 2009. The State Senate was controlled by Democrats with a 32-30 majority, when a bipartisan coalition of all 30 Republicans and two Democrats, Hiram Monserrate and Pedro Espada Jr., voted to...
continued until July 9, when Espada switched back to the Democrats.
On December 2, 2009, Monserrate voted against legislation allowing same-sex marriage
Same-sex marriage in New York
Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...
, which failed to pass the Senate.
Investigation
Monserrate was arrested on December 19, 2008 and accused of slashing Karla Giraldo in the face with a broken drinking glass during an argument in his Jackson Heights apartment. He was arraignedArraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
the same day and pleaded not guilty to the charges of second-degree assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
that carried a maximum sentence of seven years in prison, and fourth-degree criminal possession of a weapon. If Monserrate were convicted of the felony charges, he would have been automatically expelled from the Senate.
His companion initially made statements to hospital staff and the police which led to his arrest. She later changed her account to match that of Monserrate namely that the cuts on her face near her left eye from a broken glass were an accident and she is no longer cooperating with the investigation. Sources have discussed with the media evidence including video surveillance that support the charges of assault and the attempt to cover it up. On February 27, 2009, the order of protection which prevents Monserrate from having contact with Giraldo was extended over the objections of Monserrate's attorney.
Prosecution
On March 23, 2009, a Queens grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indicted Monserrate on three counts of felony assault on Giraldo and three counts of misdemeanor assault.
If convicted, the maximum sentence would be seven years. Monserrate denied the charges, saying "Listen, the reality is that from the very beginning I have said this was an accident. My girlfriend said it's an accident. This is an accident and we look forward to the dismissal of all these charges based on the truth."
The charges were not dismissed and proceeded to trial where Monserrate waived his right to a jury on September 18, 2009. As his trial started, the security camera videotape described above was entered in evidence and made public. It shows his girlfriend screaming and clutching at doorways as he forces her outside.
Conviction and sentencing
On, October 15, 2009, Monserrate was acquitted of the second-degree assault felony counts, and convicted on a third-degree assault misdemeanor count which carries a maximum sentence of one year in prison. While this conviction did not automatically remove him from office, the Senate later voted to expel him from the Senate.On December 4, 2009, Monserrate was sentenced to three years' probation, 250 hours of community service, a $1000 fine, and one year of domestic abuse counseling. He sought to vacate the order of protection preventing him from contact with Giraldo. It was not vacated. The conviction was appealed.
In an appearance before the sentencing judge, William Erlbaum, on July 7, 2010, Monserrate again petitioned to have a court order prohibiting him from contact with Giraldo vacated. The petition was granted, and according to the New York Post, Monserrate and Giraldo kissed and held hands.
Expulsion from New York Senate
A nine member committee of State Senators of both parties headed by Eric SchneidermanEric Schneiderman
Eric T. Schneiderman is the 65th and current New York Attorney General.-Early life, education, and early career:Schneiderman graduated from Amherst College in 1977 with a B.A...
(D-Manhattan) recommended disciplinary action against Monserrate. Politicians of both parties at the national, state, and local level have called for him to resign, or for his expulsion from the State Senate. The committee's report was released on January 14, 2010 and recommended that the full Senate expel or censure him. On January 21, 2010; State Senator Brian Foley
Brian X. Foley
Brian X. Foley was a State Senator representing the 3rd District of the New York State Senate. He was elected to his first political office in 1993, representing the Seventh District in the Suffolk County Legislature. He was re-elected five times to the seat once held by his father, John Foley. In...
(D-Long Island) introduced a resolution to the Senate calling for his expulsion for behavior "not compatible with his oath of office."
On February 9, 2010, the Senate voted to expel Monserrate. The vote was 53 to 8 with one senator not present. The eight "no" votes were cast by Democrats from New York City—Espada, Sampson, Carl Kruger
Carl Kruger
Carl Kruger is an American politician, a Democrat who represents District 27 in the New York State Senate, which comprises Brighton Beach, Sheepshead Bay, Gravesend, Bergen Beach, Mill Basin, and Midwood, among other neighborhoods found within his native Brooklyn...
, Kevin Parker, Ruben Diaz, Martin Malave Dilan
Martin Malave Dilan
Martin Malave Dilan is a member of the New York State Senate representing the 17th Senatorial District. The 17th Senate District encompasses the North Brooklyn communities of Bushwick, Brooklyn, Williamsburg Brooklyn, Greenpoint, Brooklyn, Cypress Hills, Brooklyn, City-Line, East New York,...
and Eric Adams
Eric Adams (politician)
Eric L. Adams is a Democratic State Senator in the New York Senate. He represents the 20th Senate District, which includes the Brooklyn neighborhoods of Flatbush, Crown Heights, Park Slope, Windsor Terrace and Prospect Heights....
. Twenty-nine Republicans voted for the resolution. Sen. Thomas Morahan
Thomas Morahan
Thomas P. Morahan was a member of the New York State Senate, for the 38th district covering all of Rockland County and parts of Orange County, New York...
(R-New City
New City, New York
New City is a hamlet , in the Town of Clarkstown Rockland County, New York, United States, part of the New York Metropolitan Area. The hamlet is a suburb of New York City, located 18 miles north of the city at the closest point, Riverdale, The Bronx...
, Rockland County), was excused due to illness. In response, Monserrate sued the State Senate in Federal court. On February 19, 2010, U.S. District Court Judge William Pauley
William H. Pauley III
William H. Pauley III is a United States federal judge.Born in Glen Cove, New York, Pauley received an A.B. from Duke University in 1974 and a J.D. from Duke University School of Law in 1977. He was a law clerk, Office of the Nassau County Attorney, New York from 1977 to 1978. He was a Deputy...
refused to reinstate Monserrate to the New York State Senate. In a written opinion, Judge Pauley ruled that Monserrate's claims of denial of due process were not founded and that the right of legislative bodies to discipline members is "embedded in American democracy." Monserrate appealed the decision of Judge Pauley to the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, in an attempt to overturn both the expulsion and the special election to replace the vacant seat in the New York State Senate. The appeal was denied on March 12.
Political career (2010–present)
State Senate Candidate (Special Election)
The Queens Democratic Party withdrew their support for Monserrate for the 2010 primary election for the State Senate on October 29, 2009. Democratic Queens County leader and Congressman Joseph CrowleyJoseph Crowley
Joseph Crowley is the U.S. Representative for , serving since 1999. He is the Chairman of the New Democrat Coalition and the Queens County Democratic Party. He is a member of the Democratic Party....
announced "The community is ready to move on". The party leadership will support Assemblyman Jose Peralta
Jose Peralta
José Rafael Peralta represents District 13 in the New York State Senate, which includes the Queens neighborhoods of Corona, East Elmhurst, Elmhurst, Jackson Heights and Woodside...
for the State Senate. Governor
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
David Paterson
David Paterson
David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
has called for a special election in the 13th Senate District to be held on March 16, 2010. Monserrate said he filed petitions on February 23 with sufficient signatures to place him on the ballot for the special election. The Empire State Pride Agenda
Empire State Pride Agenda
The Empire State Pride Agenda is a statewide political advocacy organization in New York that advocates for lesbian, gay, bisexual, and transgender rights, including same-sex marriage. ESPA was founded in 1990 through the merger of the New York State Gay and Lesbian Lobby and the Friends and...
opposed his candidacy because of his vote against gay marriage, and stated that they supported Monserrate in 2008 because he told them that he would support gay marriage.
An editorial
Editorial
An opinion piece is an article, published in a newspaper or magazine, that mainly reflects the author's opinion about the subject. Opinion pieces are featured in many periodicals.-Editorials:...
in The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
commented negatively regarding Monserrate's campaign in the special election for the vacant New York State Senate seat, "Former State Senator Hiram Monserrate’s story would seem to rule him out of any race for public office. He was convicted last year of brutally dragging a female companion through his apartment lobby after she was, somehow, slashed in the face with a broken glass while in his room. His fellow state senators, from both parties, voted 53 to 8 to expel him, the first such action taken by the State Senate in more than 90 years. Yet here is the disgraced former senator, shamelessly running in a special election in Northern Queens on Tuesday in an effort to return to his old seat. Mr. Monserrate is not baring his soul or apologizing for his actions. Incredibly, he is declaring himself the victim in the mess he created for himself, his wounded companion and many others around him."
According to The New York Times, on the day of the special election, Monserrate visited "a senior center on Roosevelt Avenue in Corona that also held a polling station, violating election laws that require candidates and their supporters to stay at least 100 feet away." Later on the day of the election, two vans labeled with Monserrate's parked adjacent to a polling location, and a poll worker instructed Monserrate that per election laws, the vehicles needed to be moved. Monserrate asserted that the vehicles were not working for him, and responded to the poll worker, "Buzz off, man. Buzz off. Go shave, get a haircut and get lost. Who are you to tell me who I can and can’t talk to?"
According to the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, Jose Peralta won the special election, outpolling Monserrate 65 percent to 27 percent and Republican Robert Beltrani with 8 percent. In May 2010, Monserrate dropped a lawsuit against the New York State Senate he had filed in U.S. federal court; his lawyer noted, "Basically we thought [the court] heard our arguments. We didn’t prevail." The Queens County Democratic Party made selections for its picks in the 2010 elections, and endorsed community activist Francisco Moya for Assembly District 39 in the New York State Assembly. Monserrate had previously voiced interest in running for the Assembly seat. The Executive Secretary for the Queens Democratic Party stated that the endorsement of Moya was in part an attempt to prevent this, and said: "We’re putting together a coalition that is going to make it very clear that Hiram [Monserrate] has no part in the Democratic Party." In May 2010, Monserrate was unemployed, and the New York Post
New York Post
The New York Post is the 13th-oldest newspaper published in the United States and is generally acknowledged as the oldest to have been published continuously as a daily, although – as is the case with most other papers – its publication has been periodically interrupted by labor actions...
reported that he was no longer in a relationship with Karla Giraldo.
State Assembly Candidate
Monserrate filed petitions with the Board of Elections to be entered in the Democratic party primary election to fill the seat vacated by Jose Peralta in the New York State AssemblyNew York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
39th district (Jackson Heights
Jackson Heights, Queens
Jackson Heights is a neighborhood in the Northwestern portion of the borough of Queens in New York, New York, United States. The neighborhood is part of Queens Community Board 3...
-Corona
Corona, Queens
Corona is a densely-populated neighborhood in the former Township of Newtown in the borough of Queens in New York City, New York, United States...
) in July 2010. On July 30, 2010, the New York Daily News reported that Monserrate and Giraldo have reconciled. On September 14, 2010, Francisco Moya
Francisco Moya
Francisco P. Moya is an American politician from Corona, Queens. As of 2011, he is a member of the New York State Assembly for the 39th Assembly District in Queens, New York. He is a member of the Democratic party....
, a local community activist
Activism
Activism consists of intentional efforts to bring about social, political, economic, or environmental change. Activism can take a wide range of forms from writing letters to newspapers or politicians, political campaigning, economic activism such as boycotts or preferentially patronizing...
who held the support of the Democratic party leadership, defeated Monserrate in the primary election 2711 votes to 1358 votes.
Federal corruption charges
In October 2010, Monserrate was indicted in federal corruption charges which alleged that he had used workers from Libre, a Queens social service agency that had received millions in earmarks that Monserrate had obtained for the organization during his tenure on the City Council, using $100,000 in agency funds to pay for dozens of workers to perform campaign work collecting signatures for his 2006 Senate bid. He was freed after posting a $500,000 bond, secured by a home belonging to his parents. If convicted, he faces up to 20 years in prison.Millions of dollars in so-called discretionary member items have been allocated by members of the City Council to non-profit groups with ties to the members. The investigation of Monserrate is part of a broad federal investigation to determine if these funds have been used for the members' personal or political expenses.
At a hearing to determine if Monserrate would be allowed to use public funds to defend himself, his motion was denied. He also indicated that he was unemployed and he did not affirm to the judge that he was seeking any employment. He has been assigned a court-appointed attorney.
Personal
In April 2011, Monserrate was working at Papaya PizzaPizza
Pizza is an oven-baked, flat, disc-shaped bread typically topped with a tomato sauce, cheese and various toppings.Originating in Italy, from the Neapolitan cuisine, the dish has become popular in many parts of the world. An establishment that makes and sells pizzas is called a "pizzeria"...
in Corona, Queens. It is unclear if he is an owner or only an employee.
See also
- List of New York Legislature members expelled or censured
- Politics of New YorkPolitics of New YorkThe Politics of New York State tend to be more liberal than in most of the United States, with in recent decades a solid majority of Democratic voters, concentrated in New York City and some of its suburbs, and in the cities of Buffalo, Rochester, Syracuse and Albany...
External links
- New York State Senate: Hiram Monserrate (official campaign site) (shortly after the previous link was added to this Wikipedia article, the New York Times and others noted this dormant site was still accepting comments, most of which were highly critical of Monserrate)
- Lou Dobbs Tonight Panel on illegal immigration, including Monserrate and his City Council colleague, Dennis Gallagher.
- Council Members Question Bloomberg 'Sweetheart Deal' With Developer. The New York Sun. April 26, 2005.
- Public Lives; A Political Bulldog Who Does a Mean Merengue. New York Times. September 25, 2003.
- NYCLU Legal Brief Challenging Monserrate Explusion from NY Senate (general opposition site to Monserrate in the March 16, 2010 special election)