Results tagged “benchtrial”

Queens Assistant District Attorney Scott Kessler delivered closing arguments yesterday in state Sen. Hiram Monserrate's assault trial—and he's sure somebody is a liar. According to the Daily News, the prosecutor argued that the senator's girlfriend, Karla Giraldo, was telling a lie or two in hopes of keeping Monserrate a free man—and from losing his Senate seat.

Yesterday, the defense rested in the trial of State Senator Hiram Monserrate. The Queens Democrat is accused of slashing his girlfriend Karla Giraldo on purpose in a jealous rage (he and she both say it was an accident) and faces felony charges. Monserrate opted for a bench trial, so Justice William Erlbaum will decide on a verdict; Erlbaum said, "I don’t know how this thing is going to turn out as we sit here today"

During the bench trial of State Senator Hiram Monserrate, who is accused of assaulting his girlfriend last winter, Justice William Erlbaum threw out two of the prosecution's charges against Monserrate. The charges were ones that claimed the freshman, coup-loving Senator acted recklessly when he slashed Karla Giraldo's face with a broken glass; Erlbaum reasoned that they conflicted with the prosecution's claim that Monserrate acted intentionally.

Now that State Senator Hiram Monserrate has opted for a bench trial, versus having a jury hear allegations that he assaulted his girlfriend last year, his fate is in the hands of Justice William M. Erlbaum. City Room reports that the National Organization for Women's New York chapter has been asking women to contact Erlbaum and ask him give the former turncoat Senator "to the maximum sentence allowable by law." Of course, Monserrate's lawyer is upset, claiming, "They’re trying to improperly persuade the fact finder. It’s akin to writing a letter to a juror." On the other hand, Office of Court Administration spokesman David Bookstaver points out it's not quite "akin" since Erlbaum is a public official. The judge also pointed out to Monserrate, at "in a bench trial, I wear two hats: I get to see all the evidence, even impermissible evidence," which includes the purported video of Monserrate roughly handling his girlfriend. One defense lawyer told the Post of the bench trial decision, "It's really gutsy -- but really risky. He's taking out one of the key components of a jury, and that's empathy. A judge cannot and will not be sympathetic to you, relying completely on the law."

State Senator Hiram Monserrate, who faces three felony charges related to allegations that he slashed his girlfriend's face last year, will now receive a bench trial, instead of a jury trial; jury selection was supposed begin today. Monserrate, who is a freshman Senator and who was part of the coup in Albany earlier this summer, has maintained his innocence, that a glass fell and accidentally ended up cutting girlfriend Karla Giraldo on the face. Giraldo also says it was an accident (though some hospital workers claim she indicted Monserrate may have acted purposefully)—the scar required 20 stitches to close. The NY Times notes that court documents say "Video cameras at the Jackson Heights building where Mr. Monserrate lives captured scenes of a violent confrontation between the couple." Monserrate's lawyer suggests that the video was spliced together in a damning fashion and says that Monserrate was actually trying to make Giraldo go to the hospital. Queens DA Richard Brown is confident in his office's case, "We have become leaders in successfully prosecuting domestic violence cases without the cooperation of the victim, who is so often reluctant — or fearful — to testify against her accuser."

The trial of three police detectives for the fatal shooting of Sean Bell has been a magnet for scrutiny. And lately, there are reports Bell's parents and fiancee disagree about how the case is going.

http://gothamist.com/2007/11/24/vigil_marks_one.php