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Judge Dismisses Two Counts Against Monserrate

Wednesday, October 07, 2009

The defense continues bringing witnesses to the stand today in the domestic violence trial of New York State senator Hiram Monserrate. Monserrate's lawyers began presenting his case yesterday, and WNYC's Ailsa Chang was there.

REPORTER: The first witness up was a Jackson Heights lawyer named Jesus Pena. Alleged victim Karla Giraldo attended a Christmas party he threw before she arrived at Monserrate's apartment the night her face was slashed with glass.

The one point Pena seemed determined to make on the stand was that Giraldo was really drunk at his party. He said he smelled alcohol on her breath and watched her stumble and dance with a number of men. The defense says Giraldo was still drunk when she showed up at Monserrate's apartment.

As the defense continues its case today, it will have four instead of six assault charges to deal with. Yesterday the judge threw out two reckless assault charges and said the prosecution now has to rely on only one theory, that the senator intentionally cut Giraldo's face with glass. Monserrate still faces up to seven years in prison if convicted of intentional felony assault. For WNYC, I'm Ailsa Chang.

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