Yesterday NYState Senator Hiram Monserrate was convicted of domestic violence. He was tried on both felony charges, for slashing his girlfriend’s face with a broken bottle, and misdemeanor charges, for assaulting her in the hallway of the an apartment building.

On the stand the girlfriend recanted her complaint and said that the face slashing was some kind of accident, but the surveillance video from the apartment building was irrefutable. The case was tried before a judge without a jury. The judge, who is coming under fire himself for the cluelessness of his verdict, decided that the felony face slashing was not proven in the face of the victim’s changed testimony. I can only assume he has never heard of the cycle of violence in domestic abuse. He was forced to find Monserrate guilty of the assault shown on tape.

NOW had some thoughts on the subject

The National Organization for Women-New York State has learned that NY State Supreme Court Justice William Erlbaum from the Queens, NY found State Senator Hiram Monserrate (D) guilty of a mere misdemeanor for abusing his girlfriend.

Apparently, forty stitches in the victim’s face, testimony by hospital employees regarding the victim’s statement, and video showing Monserrate dragging the victim down the hall were not enough to convince Justice Erlbaum that Monserrate is an abuser and a violent man who should spend a long time behind bars. Perhaps Erlbaum needs to see the victim dead before evidence of abuse is adequate.

So what message does this send to the women of New York State? Why it boldly declares that clear, documented, dramatic evidence is not enough to convict abusers. And while women in New York continue to fear telling the truth about abuse, abusers walk free. After all, fear of retribution is a major cause of women not reporting abuse and/or women retracting such reports that are made.

Now Monserrate will retain his prestigious State Senate seat, unless of course, the Democratic leadership finds the courage to oust him for his behavior.

The significance of the felony acquittal is large. Had Monserrate been convicted of the felony, he would have been automatically expelled from the NY Senate. The misdemeanor conviction does not trigger that same automatic expulsion.

State Senator Liz Kruger showed strong leadership this morning issuing a blistering statement calling upon Monserrate to resign.

“I believe Hiram Monserrate should not remain in the Senate, and for the sake of his constituents, the institution of the Senate and the Democratic party he should resign immediately based on the seriousness of his violent crime.

Being an elected official is an honor and a privilege, not a right. As a state legislator , the voters give you the power to decide what laws all 19 million of us live under. And as such we are obligated to hold ourselves to the highest standards of our laws.

The justice system has determined that Mr. Monserrate has violated our laws and is guilty of a very disturbing and violent crime against a woman. Domestic violence is a scourge on our society, and an issue which I believe requires us to speak out. Only through speaking out can we work to prevent more violence, support survivors, end the stigma and fear that victims deal with, and advocate for stronger penalties for those who believe they are above the law and violate another human being.

This afternoon, Sen. Dave Valesky followed suit.

Like all New Yorkers, I have followed the developments in the domestic violence abuse case against Hiram Monserrate and been disgusted by what I have seen and heard. Domestic violence is a serious matter and a violent crime that cannot be ignored or dismissed.

The criminal justice system has now weighed these deplorable acts and determined a verdict of guilt. Now it is time for the State Senate to take appropriate disciplinary actions against this member of our chamber.

Sen Brian Foley vowed

“If Sen. Monserrate chooses not to resign, I will use my position as Senator to introduce a measure for his expulsion/impeachment from the Senate,” Foley said.

“I will do so, without regard to party affiliation, because of the conduct Sen. Monserrate has exhibited. And I will do so to send a clear message to every individual in New York State: Violence against women will not be acceptable regardless of your position in society.”

In a week when we found out that 30 US Senators think it’s OK for US contractors to avoid civil lawsuits when their employees are raped on the job and that health insurers think being a victim of domestic violence is some kind pre-existing condition that justifies them refusing coverage I am pretty damn glad to hear that concerned VOTERS are not condoning abusers like Monserrate.

There is a petition up at http://firemonserrate.com/petition . Go sign it.

This is not a Dem thing or a GOP thing. This is a “am I a decent human being?” thing.