The Special Committee to investigation Senator Hiram Monserrate issued their final report and recommendation earlier today as reported by NYBri
Full text of the report here.
Monserrate was elected to the Senate in Nov. 2008 to the seat formerly held by Sen. John Sabini. Monserrate narrowly lost a primary to Sabini in 2006 and challenged him again in 2008. Meanwhile Sabini had been pulled over in Albany the previous November, failed a field sobriety test and refused a breathalyzer. He pled guilty to a reduced charge of DWAI (Driving While Ability Impaired). Sabini decided against running for re-election and instead was appointed Chairman of the Racing and Wagering Board by Gov. Paterson in June of ‘08.
December 19, 2008, after his election to the Senate but before his swearing in, Monserrate was arrested for assault in an incident in which he slashed his girlfriend Karla Giraldo in the face with a broken drinking glass during an argument in his Jackson heights apartment.
The night of the incident Giraldo told hospital personnel and subsequently police that Monserrate had assaulted her in a jealous rage. Later in court proceedings she changed her story and claimed it was an accident.
Monserrate was eventually convicted of misdemeanor assault based on video tape of what happened in the hallway outside his apartment after the actual assault.
As Giraldo is sadly following the all too typical domestic victims course of defending her assaulter conviction on the actual assault that cut her to the bone and left her scarred for life was not possible.
Mr. Monserrate has serious violence issues, has shown no signs of remorse or even understanding of the depth of his problem, and has no business holding elective office in New York until such time as he has taken action to solve his dangerous personal problems.
We believe the New York State Senate should FireMonserrate.
In June of 2009 Hiram Monserrate joined with another new Democratic Senator Pedro Espada in a coup by voting with the Republican minority to turn control of the chamber over to the Republicans. The Espada-Monserrate coup has been actively supported by billionaire Tom Golisano and his henchmen Steve Pigeon.
Mr. Espada has served in multiple offices but was most recently elected to the 33rd Senate district after defeating Sen. Efrain Gonzalez in the 2008 primary. Mr. Gonzalez had been indicted for mail fraud in August 2006 with a replacement indictment for diverting almost half a million dollars from a not-for-profit to his own personal use including vacation homes in the Dominican Republic. Gonzalez pled guilty on reduced charges in May 2009.
Yesterday’s headlines across New York were covering the story of State Attorney General Andrew Cuomo filing a "motion to compel" in state court after Espada’s refusal to turn over documents required for the Attorney General office investigation into Espada’s diversion of not-for-profit funds into his for-profit business.
The 17-page affirmation’s...
... central allegations are that Espada's not-for-profit Soundview Healthcare Network entered into improper contracts with his for-profit Soundview Management Enterprises LLC -- an arrangement that allowed the senator "to siphon off and otherwise divert money from Soundview for Mr. Espada's own personal and political benefit."
Meanwhile, former Senate Majority Leader Joe Bruno was found guilty on 2 of 8 counts of corruption in a federal court back in December.
The following day NYBri accurately pointed out that the New York State Senate ethics rules should have been named as an unindicted co-conspirator. The fact is that the only reason he wasn’t convicted on the remaining counts is that the fraud and corruption he was charged with is legal crime for State Senators and other office holders.
The jury is out on whether the New York State Senate is the proper place for a woman-beater. The fact is that Espada has been guilty of not following State campaign finance regulations... such as they are... for years. It is my understanding he has simply paid the slap-on-the-wrist fine and moved on without ever filing a report. Given that the Senate Ethics Committee has never taken any action regarding this it is safe to assume that they believe the Senate IS the proper place for such a scofflaw.
Citizens Union released a report this past November (pdf) detailing some of these abuses and many others along with their recommendations for ethics reform in Albany.
According to the report 14 legislators have left office between 1999-2009 due to ethical misconduct, criminal charges or related issues. The report also shows that this is an increasing trend with 1 member leaving in the 1999-2000 timeframe; 3 in 2003-2004; 4 between 2005-2006; and 5 in 2007-2008.
The "long train of abuses":
1999 – Assembly member Jerry Johnson (R-western New York) pleaded guilty to second degree attempted burglary in case in which he broke into the home of one of his Senate office aids.
2003 – Assembly member Gloria Davis (D-Bronx) resigned and was subsequently sentenced to 90 days on bribery charges.
2003 – Senator Guy Velella (R-Bronx) was indicted in 2002 on 25 counts of bribery and conspiracy. He pleaded guilty to 1 count and received a 1 year sentence. He served a total of 6 months.
2004 – Assembly member Roger Green (D-Brooklyn) resigned his seat after indictment on petty larceny charges. He was convicted of a misdemeanor and ran for re-election later that same year and won. In 2006 he ran for Congress against incumbent Ed Towns and lost.
2005 – Assembly member Clarence Norman (D-Brooklyn) found guilty of accepting illegal campaign contributions in 2005 stemming from his 2000 and 2002 campaigns. Current Senate Democratic Leader John Sampson is reported to have come from the Norman camp though I’ve never heard anyone claim he was involved in Norman’s activities.
2006 – Assembly member Ryan Karben (D-Rockland County) who resigned in May 2006 when it was revealed he was under investigation for improper fraternization with interns.
2006 – Senator Ada Smith (D-Queens) whose multiple temper issues finally caught up with her after she threw a cup of hot coffee at a former staffer. She was defeated for re-election during the 2006 campaign.
2006 – Senator Efrain Gonzalez (D- Bronx) see above.
2007 – Senator John Sabini (D-Bronx) see above.
2007 – Assembly member Michael Cole (R-Erie & Niagara Counties) lost a primary campaign in 2008 after being admonished in 2007 for a night of drinking that lead to his spending the night at a female interns apartment.
2008 – Assembly member Diane Gordon (D-Brooklyn) convicted of extortion, bribery, official misconduct and house hunting.
2009 – Assemblyman Anthony Seminario (D-Queens) resigned in 2009 following indictment on Honest Services fraud, the same charges brought against Joe Bruno.
2009 – Senator Joe Bruno (R-Rensselaer) see above.
And then there is Assembly member Adam Clayton Powell IV who just can’t seem to keep his name out of troubling headlines.
Did I get’m all? I’m sure I missed a few. Feel free to chime in and tell us about it. I’m sure it is all covered in the New York State ethics reports. As the Citizens Union report makes clear virtually all of these cases were investigated by outside law enforcement agencies and not by any state ethics or oversight body.
Oh... and did I mention that you can contribute to the Joe Bruno legal fund if you feel so moved? The JusticeforJoe website will tell you all about what a wonderful guy he is and what a raw deal he is getting.
These things are not new as a 2004 New York Times article details.
In the meantime, the business of the people of New York State gets short shrift in the Senate and only modestly better treatment in the Assembly. The business of both of these bodies seems to be to get re-elected and to protect each other from whatever criminal or ethical charges they may bring upon themselves.
Right now it is time to FireMonserrate.
Shortly it will be time to REBOOTNY.
BREAKING UPDATE:
SENATOR FOLEY ANNOUNCES PLANS TO INTRODUCE RESOLUTION EXPELLING SENATOR MONSERRATE FROM SENATE
Following report from committee investigating Monserrate's domestic violence conviction, Foley calls on his colleagues to join him in condemning Monserrate
ALBANY, NY - Today, Senator Brian X. Foley (D - Blue Point) announced plans to introduce a resolution expelling Senator Hiram Monserrate from the New York State Senate.
Senator Foley made the announcement after the Senate Select Committee investigating Senator Monserrate released its final report condemning Senator Monserrate's conduct. The committee, comprised of a bi-partisan group of senators, strongly recommended sanction against Monserrate.
As a longtime advocate for domestic violence victims and a board member of the Suffolk County Coalition Against Domestic Violence, Senator Foley has consistently called for Senator Monserrate's removal from the senate, following his conviction related to domestic violence charges. Senator Foley has repeatedly urged Senator Monserrate to resign, in order to avoid expulsion proceedings.
"While we would all prefer that Senator Monserrate resign from the senate, his refusal to do so has left us no choice but to forcefully expel him," said Foley. "Domestic violence has no place in our society. It certainly has no place in the New York State Senate.
"By allowing Senator Monserrate to continue his tenure, we would be doing a disservice to victims of domestic violence across our state. I urge my colleagues to join me in not only condemning the actions of Senator Monserrate, but removing him from the senate. Senator Monserrate has been given ample opportunity to defend himself. He not only refused to testify in his criminal trial, he also refused to cooperate with the senate committee investigating him. Senator Monserrate's reprehensible conduct has rendered him unfit to hold office as a New York State Senator."