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Updated 09/22/2009 11:03 PM

Surveillance Video Released Of Monserrate Incident

By: NY1 News

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Surveillance video released Tuesday during the assault trial of Queens State Senator Hiram Monserrate showed the lawmaker dragging his girlfriend through the hallway of his apartment building.

Prosecutors say the video, which was shown in a Kew Gardens court, shows Monserrate's girlfriend, Karla Giraldo, attempting to ring a neighbor's doorbell when she is pulled away by the state senator.

Later in the video, Giraldo allegedly tries to grab hold of a banister in an effort to get away.

The prosecution says Monserrate slashed Giraldo's face with a cut glass in a fit of rage, after finding another man's business card in her purse.

Monserrate says he was bringing Giraldo a glass of water, and that he tripped and spilled it on her as she lay in bed, causing her to spring up and smash her face into the glass.

Joseph Tacopina, Monserrate's attorney, said his client was in the process of getting his girlfriend to the hospital for medical attention. The lawyers say the video supports the claim.

"Much has been made about this videotape," said Tacopina. "I heard reports that it shows horrific acts of violence on behalf of Senator Monserrate, how he was kicking her, pulling her, assaulting her. Clearly anyone looking at that objectively sees he did nothing of the sort. He put one arm around her arm and used reasonable force, not violence, to get her out of there and to a hospital."

Tacopina also said Giraldo was resisting medical attention, as she was fearful that stitches would leave scars on her face.

"Ms. Giraldo made it clear she did not want to go to the hospital because of her face," said Tacopina. "She wanted it to be done in another manner, alternative medicine. She called her esthetician on the way to the hospital, looking for any way out."

Prosecutors say Giraldo initially told hospital workers Monserrate cut her face during a fight. However, Monserrate's attorney says those statements are unreliable, because Giraldo was intoxicated, there was a language barrier and she was under pressure from hospital staff.

Prosecutors say Giraldo changed her story after learning Monserrate would be arrested.

The state senator would not shed further light on the incident.

"All I can say is, based on counsel, we won't be making any statements. I'll have a lot to say at the conclusion of this case," said Monserrate.

Meanwhile, Monserrate's downstairs neighbor testified Tuesday that the commotion in the state senator's apartment was so loud that night that she had trouble sleeping. At one point, she banged on her ceiling several times with a yardstick.

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

He faces up to seven years in prison and would lose his Senate seat if convicted.