Yesterday, NY State Senator Hiram Monserrate had another preliminary court appearance, where his lawyer, Irving Seidman, requested that the judge remove the order of protection prohibiting Monserrate from contacting or seeing his girlfriend, Karla Giraldo. Seidman also demanded that the prosecutor, Scott Kessler, described by a colleague as a “nationally recognized expert in domestic violence prosecutions,” be removed from the case. The judge refused both requests.

The defense is claiming that the charges against Monserrate are being driven by a political agenda, rather than a quest for justice. Karla Giraldo made conflicting statements to police and hospital staff about how she acquired her injuries, but her first statements and footage from security cameras in Monserrate’s building indicate that Monserrate may be guilty of attacking her with broken glass, leaving a cut above her eye that required 20 stitches to close.

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ON A RELATED NOTE, this week we received the following email. The author – we’ll call him DV Prosecutor – wrote to commend The New Agenda for our stance on Domestic Violence, and to join our cause.

I just read and reread Amy Siskind’s article, “The Debate Over Assiya’s Murder.”  It was well written, passionate, and made me wonder if Ms. Siskind used to be a DV prosecutor. Too often discussions over brutal acts of domestic violence get pulled in unreal directions. What I so enjoyed about Ms. Siskind’s article was her focus on the simple and ugly truth. DV is the most important criminal, health, and social justice issue in our country. The numbers, even at their most conservative, are staggering. I have been a DV prosecutor in [redacted] for 12 years and am constantly amazed at the fleeting attention paid to DV homicides or the constant torrent of brutal DV acts in my community. Sadly, the vast majority of politicians have become experts at paying lip service to the cause of DV, while doing little or nothing to advance research, services, or criminal justice response.

When I visited The New Agenda’s web site I saw that reducing DV was one of your priorities. I was specifically interested in the line “We will also push prosecutors to adopt a zero tolerance approach in these cases and seek tougher sentences for those who are convicted of domestic violence.”

I wish I heard more people or organizations say that. I know many DV prosecutors work very hard to do the best they can to keep victims safe and hold offender’s accountable. However, when one looks at the bottom line at how offenders are sentenced, no matter the state, the results are disheartening.

The laws make great pronouncements about victims, but have little follow through and often leave prosecutors to select from a menu of very poor choices. In [redacted] state many of us have been working to improve the DV sentencing laws, but it has been difficult to get buy in from legislators. I would like to join your organization, and think that a focus on the reality of DV sentencing (the bottom line of the criminal justice system) is imperative. Violence against women should be more than an occasional footnote in a discussion of political philosophy cited only when there is a high profile DV homicide.

Sincerely,
Domestic Violence Prosecutor

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Related links:

http://thenewagenda.net/2009/01/09/wheres-the-line-between-political-expediency-and-evil/

http://thenewagenda.net/2009/01/29/press-conference-saturday-now-nys-will-speak-out-against-hiram-monserrate/

http://thenewagenda.net/2009/02/02/hiram-monserrate-poster-boy-of-domestic-violence/

http://thenewagenda.net/2009/02/06/the-new-agenda-sent-out-the-following-press-release-on-hiram-monserrate/

http://thenewagenda.net/media/press-releases/the-new-agenda-calls-on-ny-senate-to-force-monserrate-to-step-down/

http://thenewagenda.net/2009/02/07/monserrates-reputation-manager-contacts-tna/