Updated 10/13/2009 10:29 PM
Closing Arguments Wrap In Monserrate Assault Trial
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A judge is expected to deliver a decision as early as Thursday in the trial of Queens State Senator Hiram Monserrate, who is charged with slashing his girlfriend in a jealous rage.
During closing arguments Tuesday, Monserrate's defense attorney spoke for nearly three hours attempting to take apart the prosecution's case.
The Queens lawmaker, who did not testify during the trial, is charged with slashing his girlfriend, Karla Giraldo, in the face with broken glass last December in a fit of jealous rage.
Much of the case hinges on the testimony of hospital staff, who said that Giraldo told them it was not an accident and even described Monserrate as "crazy."
But both Monserrate and Giraldo now say it was an accident. They say Monserrate tripped in the dark while bringing her a glass of water.
The defense attempted to discredit the hospital workers' testimony, claiming that there was a language barrier. Lawyers also allege that hospital staff pressured Giraldo into saying it was an incident of domestic violence. They also note that some of the most incriminating statements against Monserrate were not documented until three weeks after the hospital visit.
"This case for them lives or dies with the hospital staff. I mean, if those statements aren't credible as delivered, the case is over," said Monserrate's attorney Joseph Tacopina.
Defense attorneys also showed still frames from a surveillance video from the lawmakers apartment building which shows him dragging Giraldo out of the building. Defense lawyers say far from being incriminating, the images show that Monserrate was using "reasonable and necessary force" to get a "visibly drunk and hysterical" Giraldo to the hospital.
"The evidence supports that this was not an act of violence, it was an act of force that was reasonable," said Tacopina.
"The woman whose case this was brought in the name of came into this courtroom and testified that she still loves him, that he acted in her best interests on the video that was shown, that this was an accident," continued Tacopina.
If convicted, Monserrate faces up to seven years in prison and would lose his State Senate seat.