Monserrate Keeps Fighting To Overturn Senate Expulsion

Mike Groll/AP

A judge turned down a request by former state Sen. Hiram Monserrate (D-Queens) to halt his expulsion from the legislative body, but the disgraced politician isn't giving up his fight. Though the federal judge declined Monserrate's bid for an immediate stay on his senate expulsion and on Gov. David Paterson's call for a special election, Monserrate will continue the legal battle in which he has cast himself as a victim whose civil rights have been trampled.

According to court documents obtained by the Times Union, Monserrate and civil rights lawyer Norman Siegel claim his expulsion "raises substantial questions concerning what a constitutional democracy is all about." The politician—who was booted following his conviction on misdemeanor charges for abusing his girlfriend—told NY1: "I've always been very clear that the proper course should be that the voters decide. If the voters of my district decide that they want me to represent them or not, I would respect, obviously, that decision."

But Senator Eric Schneiderman insists that the Senate has the right to "police its own house," noting: "At the end of the day, someday, he's got to take a look in the mirror. The person who's responsible for his situation is Hiram Monserrate ... The rest of us didn't assault someone. The rest of us didn't lie about it. It's a tragic situation, but the fact that he continues to portray himself as the victim isn't helping him, isn't helping us and won't help him in court."

If a court upholds his expulsion, NY1 reports Monserrate might run in the March 16 special election for his now-vacant seat. "What is occurring here is much greater than just me, it's much greater than me," he said.

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By Ben Muessig in News on February 12, 2010 12:58 PM

Comments [rss]

JenChungsBaby

If your only choice was McDonald's or the state senate you would fight too.

Scott Rose

Monserrate has anonymous moneyed supporters who, for reasons not known to the public, continue to empower him to tie up the courts with these appeals.

Meanwhile, we should note that a full-out effort has not been made to hold him fully accountable for his crimes. I believe he should be investigated and held accountable to the full extent of the law for 1) witness intimidation; 2) witness tampering and 3) violations of the order of protection. Schneiderman on Brian Lehrer said the Senate panel discovered that Giraldo in a van on Queens Blvd peopled with Monserrate staffers signed an English-language deposition drafted by one of Monserrate's lawyers. That right there is a violation of the order of protection (which says "No third party contact") and witness contamination. These things are crimes, separate from those for which Monserrate was already tried. Why is he not being held accountable for them? Then too, who paid top echelon attorney Glen Marshall to represent Giraldo? She doesn't have that kind of money.

These are the aspects of the Monserrate story that should now be receiving most attention. And, he should be constantly pressured to reveal who is funding his legal expenses and what their motivations are.

doc of nyc

must this fool continue? the videos of the incident speak volumes for themselves. he's out, stay out!!!

MT

NY Mag had a great article this week about why The People should be limited in their ability to what they can and can do about their government. The fact that The People elects this clowns only proves the case.

http://nymag.com/news/politics/63662/

MT

I meant to govern themselves . . .

juliec

Brother, to say what is happening is "greater than you" is like calling Manhattan a little island. He is not of the people at all; get him OUT.

Bort

"It's as if someone dragged my civil rights by the hair and smashed a glass across its face."

jibbly

Win.

Sketto

No way this moral degenerate goes away in any other manner than kicking and screaming, denying reality and refusing to acknowledge he is completely without scruples. In other words, a NY State Senator.