Karla Giraldo wants her man back – and sooner, rather than later.
State Sen. Hiram Monserrate was convicted Oct. 15 on a misdemeanor charge of assaulting his girlfriend, but since the judge ruled he didn't do it on purpose, Giraldo's lawyer says there's no need for the order of protection that's kept the couple apart for nearly a year to remain in place, according to a published report.
Besides, they want to get married. And they don't want to wait until a judge sentences Monserrate on December 4 to reignite their relationship, reports The New York Post.
Giraldo's attorney, Glenn Marshall, made the official request to state Supreme Court Justice William Erlbaum, who cleared Monserrate of felony assault charges two weeks ago. In a letter, Marhsall asked the judge to lift the order of protection because the couple wants to recommence their "intimate relationships … without further unnecessary interruption or delay," according to the Post.
Giraldo, who broke down on the witness stand when surveillance footage of that fateful night last December was broadcast for the courtroom, testified throughout Monserrate's trial that she loved him and wanted to be with him. The morning after the assault, which forced her to get 20 stitches to close a gash around her left eye, she said she didn't want an order of protection, reports the Post.
Technically, Judge Erlbaum could issue a permanent order of protection when he sentences Monserrate in December. While he acquitted Monserrate of felony charges in the bench trial, he didn't say that his decision proved the state senator wasn't guilty. He indicated there wasn't sufficient evidence to prove otherwise. Monserrate, who faces legal bills escalating upwards of $1 million, could face up to a year in jail for the assault.
Prosecutors likely won't have any real ground to oppose lifting the provisional order of protection, provided several conditions are met, including, perhaps, requiring Monserrate to go to therapy, sources told the Post.
