Legal problems
2008 assault charges
Arrest and 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. [59] 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.
Giraldo initially made statements to hospital staff and the police that led to Monserrate's arrest. However,Giraldo later changed her account to match that of Monserrate,stated that the cuts on her face near her left eye from a broken glass were an accident,and added that she was no longer cooperating with the investigation. [60] Sources discussed evidence with the media,including video surveillance that supported the charges of assault and the attempt to cover it up. [61] [62] [63]
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. [64] 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." [65]
The case proceeded to trial,and Monserrate waived his right to a jury on September 18,2009. [66] As his trial started,security camera footage from Monserrate's apartment building was entered into evidence and made public. The footage showed Giraldo girlfriend screaming and clutching at doorways as Monserrate forced her out of the building. [67] [68] [69] Giraldo testified in Monserrate's defense. [70]
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. [70] On December 4,2009,Monserrate was sentenced to three years' probation,250 hours of community service,a $1,000 fine,and one year of domestic abuse counseling. He sought to vacate an order of protection preventing him from contact with Giraldo,but it was not vacated. [71] [72]
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. [73] The pair later ended their relationship. [74]
2010 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. [75] After the court proceeding,he was freed after posting a $500,000 bond,secured by a home belonging to his parents. [76] 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 had been used for the members' personal or political expenses. [76]
Monserrate was assigned a court-appointed attorney. [77] 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. [78]
In 2015,the U.S. Department of Probation informed Monserrate's judge that he had failed to make timely restitution payments. [79]
Monserrate served 21 months in federal prison. [80]
