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Tuesday, February 9, 2010   27º F

Updated 10/08/2009 10:27 PM

Defense Team Rests In Monserrate Trial

By: NY1 News

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The defense in Queens Senator Hiram Monserrate's assault trial rested their case Thursday following a decision to not put the lawmaker on the witness stand.

Monserrate is accused of slashing his girlfriend, Karla Giraldo, in the face with broken glass in a fit of jealous rage.

Both Monserrate and Giraldo say the injury was an accident.

Defense attorneys say they didn't think Monserrate needed tell his side of the story, because the burden of proof is on the prosecution.

"There's not a stitch of evidence on this record that explains what happened in that bedroom. And, you know, obviously, the senator could've gone up there and explained exactly what happened," said Defense Attorney Joseph Tacopina. "But we don't need to do anyone's work for them. And this is a case brought by the prosecution with an unwilling witness, who they call a complainant, but really is a non-complaining complainant. And the fact that they haven't proven what happened in that bedroom -- all they're going to be able to do on their summation is call for rank speculation as to what happened."

The trial resumes Tuesday, when the judge will hear closing arguments.

Monserrate faces up to seven years in prison if convicted.