Women in the State Legislature -- both Democrats and Republicans -- led an intense effort Friday to get State Sen. Hiram Monserrate, D-Queens, to resign, or face expulsion proceedings, after his assault conviction a day earlier. By day's end, a split along racial and ethnic lines developed in the Democratic conference on whether the freshman senator should keep his seat.Monserrate was acquitted Thursday in a nonjury trial on felony charges of slashing his girlfriend's face last December. But security cameras captured the lawmaker dragging the woman from the Queens apartment building where the injury occurred, en route to a Long Island hospital, which resulted in a misdemeanor assault conviction for using too much force.
Some Democrats called for the resignation of Monserrate, a former New York City police officer, for his role in what prosecutors described as a jealousy-fueled rage. But Sen. Ruben Diaz of the Bronx defended Monserrate, saying he was "found guilty of trying to do good by forcing his girlfriend to go to the hospital for treatment." Diaz also accused his colleagues of hypocrisy for supporting then-Sen. John Sabini of Queens last year following following drunken-driving plea -- but not Monserrate.
The controversy is more than just Monserrate's fate. Democrats hold a 32-30 majority in the State Senate. If Monserrate resigns, some say a special election might not be able to be held until early next year. So the Democrats would need Republican help to get the 32 votes needed to pass legislation -- such as measures to reduce the state deficit.
Monserrate also faces up to a year in jail.
Insiders said the misdemeanor conviction was the worst possible outcome for Senate Democrats because it keeps the issue festering. A felony conviction would have led to Monserrate's automatic expulsion, and an acquittal would have blunted the resignation demands.
The resignation demands came fast and furious Friday. State Sen. Liz Krueger, D-Manhattan, said Monserrate should resign "for the sake of his constituents, the institution of the Senate and the Democratic Party." "Domestic violence is a scourge on our society," she added. "We're held to a high standard in the Senate, and I would expect he would understand that and resign immediately," said Sen. Neil D. Breslin, D-Albany. Other Democrats joined in those calls, with some saying they will push for expulsion proceedings if Monserrate does not resign.
The position of Buffalo-area Senate Democrats were unclear. Sen. Antoine M. Thompson, D-Buffalo, did not return a call seeking comment, but a Thompson aide left a voice mail message noting the Senate leadership "has been considering further action on Monserrate. Sen. William T. Stachowski, D-Lake View, could not be reached to comment.
Local Republicans were not shy. "It's an outrage that he's still in the Senate," said Sen. Catharine Young of Olean. "He needs to go immediately. Lawbreakers cannot be lawmakers."
Monserrate declined to comment.
Democrats opposed to ousting Monserrate include Senate Majority Leader Pedro Espada of the Bronx. "As it relates to Albany business, I think it's something that should be put behind us now," Espada said. Last year, he and Monserrate formed a Hispanic-led alliance that led to last spring's coup allowing Republicans to regain control of the Senate temporarily.
Espada termed efforts to get Monserrate to resign as "misplaced attention" by lawmakers who should be spending their time weighing ways to reduce the state's deficit. "We don't need to retry this matter in the Senate," Espada said.
The state's chapter of the National Organization for Women, meanwhile, urged Democratic leaders to find "the courage to oust him for his behavior." NOW also criticized State Supreme Court Justice William M. Erlbaum, the judge in the nonjury trial, saying he ignored the 40 stitches on the woman's face, as well as testimony by hospital workers and the video.
"So the question now is: Will the Democratic leadership turn a blind eye for political expediency, or will they do the right thing? History intimates it is highly unlikely that the Democrats will rid themselves and New York of Sen. Monserrate, even though they could hold a special election and easily fill his seat with another Democrat," the NOW statement said.