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

The lawmaker claims he tripped and accidentally hit Giraldo with the glass, an account she now supports.

The crime scene detective first on the scene described for the judge finding blood, bloody towels and a torn white women's tee shirt, as well as broken glass, spread all over the apartment.

"There's not a piece of evidence that supports there was a scuffle where someone tore someone's clothing, so it is nothing more than rank speculation," Tacopina said. "It was not a blood drenched t-shirt. When it was torn who knows? I have in my closet right now torn T-shirts that I wear to bed every night."

A beautician testified Tuesday that she received a call from Giraldo at 3 a.m., after the incident but before the state senator's girlfriend reached the hospital.

According to the beautician, Giraldo called once, hung up, then called again and said there had been an accident.

Monserrate's attorney, Joseph Tacopina, says the detective's testimony does not prove anything, and the beautician confirms Giraldo told her the incident was an accident, even though she initially told doctors it was not.

On Thursday, an emergency room doctor testified that Giraldo repeatedly told her it was not an accident.

The defense says there was a language barrier with Giraldo, who is Ecuadorian.

The doctor, who is bilingual, said she spoke to Giraldo in English and Spanish.