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Updated 01/14/2010 07:58 PM

Panel Recommends Senate Vote To Expel, Censure Monserrate

By: Grace Rauh

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The State Senate committee investigating Hiram Monserrate's 2008 domestic abuse case recommended Thursday that the full State Senate vote to censure or expel the embattled Queens lawmaker.

The recommendations come after a nearly 10-week investigation by the committee.

It faults Monserrate for failing to cooperate with the hearings into the matter, and showing little remorse in recent interviews.

"The state of New York and the Senate of New York has declared a zero-tolerance policy for domestic violence," said State Senator Eric Schneiderman. "We made specific findings about that and we also were concerned and cite the fact that we do not believe that Senator Monserrate was honest about the events of December 2008. We're also concerned about the fact that he's failed to take responsibility for his conduct in any way."

Monserrate has said he will not give up his job, even if the matter comes to a vote.

"I will continue to serve the constituents of the 13th senatorial district. I will fight to the end to defend their right and to ensure that the voters in my district are not disenfranchised," Monserrate said.

In a statement, Monserrate's lawyer, Joseph Tacopina said in part, "The Select Committee’s Report amounts to a self-serving document -- full of material omissions, legal inaccuracies, and factual distortions -- designed to justify a result the Select Committee desired before even commencing its investigation."

The report, which was signed by the nine members of the bipartisan panel, stated, "Senator Monserrate's misconduct damages the integrity and the reputation of the New York State Senate and demonstrates a lack of fitness to serve in this body."

Monserrate was convicted of misdemeanor assault after being caught on tape dragging his girlfriend Karla Giraldo. He was acquitted of felony charges that he slashed her in the face. Monserrate has been sentenced to three years probation.

The embattled Queens senator also made it clear he isn't going to bend under pressure from the Democratic Party, even after the state chairman called on him Thursday to resign immediately.

"I am not elected for the benefits or the ideals of a party. I am elected by voters and people," Monserrate said.

Senate leaders must now decide whether to put the panel's recommendations to a vote.

A spokesman for Senate Democratic leader John Sampson says the senator will not comment until he finishes reviewing the report.