A Queens judge rejected multiple motions to dismiss assault charges against embattled state Sen. Hiram Monserrate today -- setting a trial date for Sept. 14.
Monserrate could lose his seat in the Senate if he's convicted of assaulting his girlfriend during an argument this year.
Both Monserrate and gal pal Karla Giraldo now say the incident was an accident and have asked the case be dismissed. But investigators, citing video from the night of the attack, have pressed ahead with charges.
Monserrate was elected to the Senate after serving in the New York City Council.
He, along with Sen. Pedro Espada Jr., were the two Democrats responsible for the coup that caused a monthlong leadership deadlock in the state Legislature this summer.
Monserrate was indicted in March of three counts of felony assault for slashing the a Giraldo in the face with a piece of a broken glass.
Giraldo needed more than 20 stitches near her left eye after the Dec. 19 attack inside Monserrate's apartment, police said.
At first, Giraldo told hospital staff that her boyfriend had cut her in a fight. She then changed her story, claiming it was an accident.
But law enforcement think surveillance video from inside Monserrate's apartment building tells a different story.
The video shows him yanking Giraldo by the arm as she clutched a stairway banister. It also shows her pounding on a neighbor's door and screaming for help, prosecutors said.
Giraldo’s lawyer, Glenn Marshall, has said that she was lying in bed when Mr. Monserrate tripped over her shoes and spilled water on her face, startling her and causing her to bump her face into the glass," The New York Times reported.
Local
Monserrate's political spokespeople have called the charges "politically motivated."
