NY1.com

  63º

Updated 09/21/2009 07:23 PM

Monserrate Defense Team Claims Girlfriend Was Drunk

By: NY1 News

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

Opening arguments were held Monday in the assault trial of embattled Queens Senator Hiram Monserrate.

Monserrate has elected for a bench trial, instead of a jury trial.

The lawmaker was arrested in December after prosecutors say he slashed his girlfriend, Karla Giraldo, in the face with a piece of broken glass.

Both now claim it was an accident, but a judge denied a motion to dismiss the case.

The prosecution today argued that Giraldo initially told hospital staff the incident was not an accident, saying the two were fighting and Monserrate cut her face.

But the defense says Giraldo's statements were not reliable because she was drunk and the language barrier between her and hospital staff led to her saying something incorrect.

Prosecutors have not decided if they'll call Giraldo as a witness.

If convicted, Monserrate faces up to seven years in prison and would lose his Senate seat.