Hiram Monserrate

Political career (2002–2009)

In June 2003, Mayor Michael Bloomberg announced an executive order allowing city employees to report illegal immigrants to federal authorities. Monserrate, then chairing the Council's Black, Latino and Asian Caucus, argued that this would worsen relations between immigrant communities and the police. He responded by sponsoring a bill, titled "Access Without Fear", forbidding city officials from revealing such information except as required by law. He joined director Stephen Frears in publicizing the immigration film Dirty Pretty Things to raise awareness of the issue.

Scientology controversy

Monserrate supported the New York Rescue Workers Detoxification Project, a project co-founded by Tom Cruise to deliver the so-called Purification Rundown (an unproven "detoxification" procedure created by L. Ron Hubbard as part of Scientology) to rescue workers affected by the September 11 attacks. Monserrate went through the program himself, and drafted official proclamations honoring both Cruise and Hubbard. He also attended a fund-raising dinner in New York for the project, as well as an event at the Scientology Celebrity Centre in Los Angeles. He described himself as "a Christian, who was raised Evangelical Christian" and denies any belief in Scientology, arguing that it was unconnected to the rundown. He dismissed medical authorities' well-founded criticism of the rundown, saying, "This is the same type of thing they said about chiropractors twenty years ago."

New York State Senate career

In 2006, Monserrate ran for the New York State Senate against fellow Democrat John Sabini, a 16-year incumbent. Monserrate came within 200 votes of pulling off an upset in one of the closest races in Queens. In 2008, he again ran for the State Senate with the support of organized labor. The incumbent State Senator Sabini withdrew after his appointment to chair the New York State Racing and Wagering Board. Monserrate then ran unopposed and on November 4, 2008, was elected the New York State Senator for the 13th district. Monserrate was endorsed in 2008 by the Empire State Pride Agenda, an advocacy group that supports same-sex marriage.

In late 2008, Monserrate opposed Mayor Bloomberg's planned use of eminent domain in the $4 billion Willets Point Redevelopment project in Queens. The long-term project aimed to clear the 62-acre (250,000 m²) industrial area, clear up pollution and develop a hotel and convention center. However, it was initially opposed by a majority of the existing business owners. Monserrate changed his mind and supported the development after being assured that one third of the housing would be "affordable" and that the city would offer businesses an opportunity to relocate. He told reporters the compromise showed that government "can be fair and still do good economic development".

On June 8, 2009, Monserrate and Pedro Espada (D-Bronx) formed a coalition with the Senate Republicans. The resulting 32-30 majority appointed Senator Dean Skelos (R-Rockville Centre) as Majority Leader and installed Espada as Temporary President of the Senate, replacing Senator Malcolm Smith (D-Queens). A week later, the Senate Democrats appointed Senator John Sampson as their leader. Monserrate responded that day by rejoining the Democratic caucus, leaving the Senate tied. With the office of Lieutenant Governor vacant due to Eliot Spitzer's resignation, the tie could not be resolved, and the resulting legislative deadlock continued until July 9, when Espada switched back to the Democrats.

On December 2, 2009, Monserrate voted against legislation allowing same-sex marriage, which failed to pass the Senate.

Investigation

Monserrate was arrested on December 19, 2008 and accused of slashing Karla Giraldo, his girlfriend, in the face with a broken drinking glass during an argument in his Jackson Heights apartment. He was arraigned the same day and pleaded not guilty to the charges of second-degree assault, a felony that carried a maximum sentence of seven years in prison, and fourth-degree criminal possession of a weapon. If Monserrate had been convicted of the felony charges, he would have been automatically expelled from the Senate.

Monserrate's companion initially made statements to hospital staff and the police that led to his arrest. She later changed her account to match that of Monserrate, that the cuts on her face near her left eye from a broken glass were an accident, and that she was no longer cooperating with the investigation. Sources discussed evidence with the media including video surveillance that supported the charges of assault and the attempt to cover it up. On February 27, 2009, the order of protection that prevented Monserrate from having contact with Giraldo was extended over the objections of Monserrate's attorney.

Prosecution

On March 23, 2009, a Queens grand jury indicted Monserrate on three counts of felony assault on Giraldo and three counts of misdemeanor assault. If he had been convicted, the maximum sentence would have been seven years. Monserrate denied the charges, saying "Listen, the reality is that from the very beginning I have said this was an accident. My girlfriend said it's an accident. This is an accident and we look forward to the dismissal of all these charges based on the truth."

The charges were not dismissed and proceeded to trial where Monserrate waived his right to a jury on September 18, 2009. As his trial started, the security camera videotape described above was entered in evidence and made public. It showed his girlfriend screaming and clutching at doorways as he forced her outside.

Conviction and sentencing

On, October 15, 2009, Monserrate was acquitted of the second-degree assault felony counts, but convicted on a third-degree assault misdemeanor count which carried a maximum sentence of one year in prison. Although the conviction did not automatically remove him from his State Senate office, the Senate later voted to expel him.

On December 4, 2009, Monserrate was sentenced to three years' probation, 250 hours of community service, a $1000 fine, and one year of domestic abuse counseling. He sought to vacate the order of protection preventing him from contact with Giraldo, but it was not vacated. The conviction was appealed.

In an appearance before the sentencing judge, William Erlbaum, on July 7, 2010, Monserrate again petitioned to have a court order prohibiting him from contact with Giraldo vacated. The petition was granted, and according to the New York Post, Monserrate and Giraldo kissed and held hands.

Expulsion from New York Senate

A nine-member committee of State senators of both parties headed by Eric Schneiderman (D-Manhattan) recommended disciplinary action against Monserrate. Politicians of both parties at the national, state, and local level have called for him to resign, or for his expulsion from the State Senate. The committee's report was released on January 14, 2010 and recommended that the full Senate expel or censure him. On January 21, 2010, State Senator Brian Foley (D-Long Island) introduced a resolution to the Senate calling for his expulsion for behavior "not compatible with his oath of office."

On February 9, 2010, the Senate voted to expel Monserrate. The vote was 53 to 8, with one senator not present. The eight "no" votes were cast by Democrats from New York City—Espada, Sampson, Carl Kruger, Kevin Parker, Ruben Diaz, Martin Malave Dilan and Eric Adams. Twenty-nine Republicans voted for the resolution. Senator Thomas Morahan (R-New City, Rockland County), was excused due to illness. In response, Monserrate sued the State Senate in Federal court. On February 19, 2010, U.S. District Court Judge William Pauley refused to reinstate Monserrate. In his written opinion, Judge Pauley ruled that Monserrate's claims of denial of due process were not founded and that the right of legislative bodies to discipline members was "embedded in American democracy." Monserrate appealed the decision to the United States Court of Appeals for the Second Circuit, in an attempt to overturn both the expulsion and the special election to replace the vacant seat in the New York State Senate. The appeal was denied on March 12.

State Senate candidate (2010 special election)

The Queens Democratic Party withdrew their support for Monserrate for the 2010 primary election for the State Senate on October 29, 2009. Democratic Queens County leader and Congressman Joseph Crowley announced "The community is ready to move on". The party leadership supported Assemblyman Jose Peralta for the State Senate. Governor David Paterson called for a special election in the 13th Senate District to be held on March 16, 2010. Monserrate said he filed petitions on February 23 with sufficient signatures to place him on the ballot for the special election. The Empire State Pride Agenda opposed his candidacy because of his vote against gay marriage, and stated that they supported Monserrate in 2008 because he told them that he would support gay marriage.

An editorial in The New York Times commented negatively regarding Monserrate's campaign in the special election for the vacant New York State Senate seat, "Former State Senator Hiram Monserrate’s story would seem to rule him out of any race for public office. He was convicted last year of brutally dragging a female companion through his apartment lobby after she was, somehow, slashed in the face with a broken glass while in his room. His fellow state senators, from both parties, voted 53 to 8 to expel him, the first such action taken by the State Senate in more than 90 years. Yet here is the disgraced former senator, shamelessly running in a special election in Northern Queens on Tuesday in an effort to return to his old seat. Mr. Monserrate is not baring his soul or apologizing for his actions. Incredibly, he is declaring himself the victim in the mess he created for himself, his wounded companion and many others around him."

According to The New York Times, on the day of the special election, Monserrate visited "a senior center on Roosevelt Avenue in Corona that also held a polling station, violating election laws that require candidates and their supporters to stay at least 100 feet away." Later on the day of the election, two vans emblazoned with Monserrate's name parked adjacent to a polling location, and a poll worker instructed Monserrate that per election laws, the vehicles needed to be moved. Monserrate asserted that the vehicles were not working for him, and responded to the poll worker, "Buzz off, man. Buzz off. Go shave, get a haircut and get lost. Who are you to tell me who I can and can’t talk to?"

Peralta won the special election, outpolling Monserrate 65 percent to 27 percent and Republican Robert Beltrani with 8 percent. In May 2010, Monserrate dropped a lawsuit against the New York State Senate he had filed in U.S. federal court; his lawyer noted, "Basically we thought [the court] heard our arguments. We didn’t prevail." The Queens County Democratic Party made selections for its picks in the 2010 elections, and endorsed community activist Francisco Moya for Assembly District 39 in the New York State Assembly. Monserrate had previously voiced interest in running for the Assembly seat. The Executive Secretary for the Queens Democratic Party stated that the endorsement of Moya was in part an attempt to prevent this, and said: "We’re putting together a coalition that is going to make it very clear that Hiram [Monserrate] has no part in the Democratic Party." In May 2010, Monserrate was unemployed, and the New York Post reported that he was no longer in a relationship with Karla Giraldo.

State Assembly candidate

Monserrate filed petitions with the Board of Elections to be entered in the Democratic party primary election to fill the seat vacated by Peralta in the New York State Assembly 39th district (Jackson Heights-Corona) in July 2010. On July 30, 2010, the New York Daily News reported that Monserrate and Giraldo reconciled. On September 14, 2010, Francisco Moya, a local community activist who held the support of the Democratic party leadership, defeated Monserrate in the primary election, 2711 votes to 1358 votes.

Federal corruption charges

In October 2010, Monserrate was indicted on federal corruption charges which alleged that, as a sitting member of the City Council, he had used staff members of a nonprofit organization—the Latino Initiative for Better Resources and Empowerment—to perform tasks related to his unsuccessful 2006 State Senate campaign. In 2006 and 2007, then-Councilmember Monserrate allocated $300,000 in discretionary city funding to LIBRE, and the indictment charged that approximately one-third of that funding went toward paying LIBRE staff for their campaign-related work. After the court proceeding, he was freed after posting a $500,000 bond, secured by a home belonging to his parents.

Millions of dollars in so-called discretionary member items had been allocated by members of the City Council to non-profit groups with ties to the members. The investigation of Monserrate was part of a broad federal investigation to determine if these funds have been used for the members' personal or political expenses.

At a hearing to determine if Monserrate would be allowed to use public funds to defend himself, his motion was denied. He also indicated that he was unemployed and he did not affirm to the judge that he was seeking any employment. He was assigned a court-appointed attorney.

In May 2012, Monserrate pleaded guilty to charges of mail fraud and mail fraud conspiracy. In December 2012, he was sentenced to serve two years in prison.

In 2015, the U.S. Department of Probation informed Monserrate's judge that he had failed to make timely restitution payments.

District leader candidate

In June 2016, Monserrate attempted his third political comeback by seeking the unpaid elected position of 35th District Leader for Corona and East Elmhurst. Monserrate ran against the Democratic incumbent and community volunteer George R. Dixon. Despite having struggled to meet court-ordered financial obligations, Monserrate opened a campaign office and hired paid staffers. On September 13, 2016, Monserrate lost his bid for district leader by 57 votes.

City Council candidate

In 2017, Moya again defeated Monseratte in the Democratic primary for the 21st District of the City Council, with 55% of the vote to Monseratte's 44%.

Personal

In April 2011, Monserrate was working at Papaya Pizza in Corona, Queens. It was unclear if he was an owner or only an employee.

In disputed 2015 court filings, Monserrate claimed that he resided with his parents in Bellerose, Queens.