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NY Democrat Fails Bid To Regain State Senate Seat After Expulsion
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March 17, 2010 11:04 a.m. EST
Topics: politics, crime, social issue, assault, local elections, election, crime, law and justice, abusive behavior, United States
Kris Alingod - AHN News Contributor
Queens, NY, United States (AHN) - A New York Democrat who lost his state Senate seat over an assault conviction failed to convince voters Tuesday that he deserved to be reinstated to the post he held until a month ago.
Hiram Monserrate received 27 percent of the vote in his independent bid to once more represent the largely Hispanic 13th district. His rival, Assemblyman Jose Peralta, cruised to victory with 65 percent. The Republican candidate, Robert Beltrani, finished with 7 percent.
Peralta, a Dominican-American who won his first term in the state Assembly in 2002, is set to be sworn in on Wednesday. He ran as the candidate of the Queens Democratic Party, and with the backing of acting state Senate president Malcolm Smith.
Monserrate became the first state lawmaker expelled by a vote of the legislature in nearly a century when the Senate last month approved by 53-8 a resolution removing him from office. The measure was sponsored by Sen. Brian Foley, a Democrat.
A special Senate panel recommended in January that Monserrate be sanctioned with expulsion or censure with revocation of privileges. The committee, headed by Democratic Sen. Eric Schneiderman, said Monserrate's conduct had "demonstrate[d] a lack of fitness to serve."
Monserrate, 42, was convicted by the state Supreme Court of Queens County in October on misdemeanor assault but acquitted of felony assault and misdemeanor charges. He was arrested in December 2008 and later charged for slashing his girlfriend's face with a piece of broken glass and then dragging her through an apartment hallway.
The violence was captured by security cameras, footage of which was released to the public and used as evidence during trial.
The woman, Karla Giraldo, remains his girlfriend and was seen on a YouTube video asking voters to support the embattled Democrat.
If that seemed strange to voters, it was no more odd than than Monserrate's use of the slogan and logo President Barack Obama used to win the 2008 elections. The Democratic National Committee's grassroots arm, Organizing for America, had asked Monserrate to remove the logo from his campaign materials, but he argued that his logo was actually a "Q" that stood for Queens.
The race also involved flyers given out in churches warning that Peralta was a candidate of "mega-rich gay fanatics," according to the New York Daily News. The flyers were said to be from supporters of Monserrate, who voted against same-sex marriage legislation. Early this month, the tires of the car of a councilwoman who declared her support for Peralta were slashed.
And the New York Times reported that on election day, Monserrate "strutted into 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."
Monserrate, who won his first term in 2008, had challenged his expulsion in court on the grounds that he was denied due process. His appeal to the U.S. Court of Appeals for the Second Circuit was denied less than a week ago.
A former New York City police officer, Monserrate has argued that only his constituents had the power to oust him, and that his removal was retaliation for his support for a GOP coup last year.
Republicans held a coup last June, joined by Monserrate and another Democrat, Sen. Pedro Espada. Monserrate later decided to return to his old caucus, putting the balance of power at 31-31.
The stalemate dragged on beyond the end of the 2009 legislative session, forcing New York Gov. Paterson to appoint a lieutenant governor. It was resolved with a compromise that involved making Espada majority leader upon his return to the Democratic Party.
Copyright © 2003 - 2010 AHN - All rights reserved.Redistribution, republication. syndication, rewriting or broadcast is prohibited without the prior written consent of AHN.License AHN news for your website, business, digital signage network or publication.
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