As New York's Senate began an inquiry into whether a senator convicted of misdemeanor assault should face sanctions, the Senate majority leader argued that expulsion is too severe and the convicted senator's attorneys questioned whether any such punishment could stick.

A special committee led by Democratic Sen. Eric Schneiderman of Manhattan will gather facts in the case of Sen. Hiram Monserrate, a Queens Democrat. He was found guilty of injuring his fiancee and will be sentenced Dec. 4.

"It would be a bad precedent to expel a senator for a misdemeanor," said Democratic Majority Leader Pedro Espada Jr. "We have members now that have misdemeanors. One thing about the law, we should not have any special exemptions."

Espada, whose health care business is being investigated for state grants he directed there, said he's unfamiliar with the details of Monserrate's case and wouldn't comment on it.

This story continues below
Advertisement

Monserrate said he doesn't think expulsion from the Senate is allowed, citing a decade-old legal opinion from the Legislature. Other sanctions could include keeping him from a lucrative committee chairmanship or leadership post.

His attorneys were already sparring with the Senate committee, arguing it may have no jurisdiction because the assault happened after Monserrate was elected to the Senate but before he was sworn in. His attorneys also argue too many senators on the committee have already said he should resign or consider resigning and so couldn't be impartial.

"Such disparate treatment is inexcusable and appears to be solely politically motivated," states Monserrate attorney Joseph Tacopina, also noting other lawmakers have misdemeanor convictions.

In an interview, Monserrate mirrored the attorney's view of what "fully cooperate" means. When asked whether he would fully cooperate with the bipartisan committee, Monserrate said, "We expect to fully cooperate."

Monserrate joined Espada in a brief coup in the Senate last summer, when in exchange for top leadership posts they joined the minority Republicans to briefly take control of the chamber.

"Does it bother me?" Monserrate said in response to a reporter's question about the inquiry. "No. I understand."

At a joint session of the Legislature, Monserrate rose to his feet to applaud introduction of just one official: Senate Conference Leader John Sampson of Brooklyn, who is the Democrats' top leader in the chamber.

Schneiderman said the first meeting Monday was to plan the inquiry and that its work could take weeks.

Monserrate was acquitted of a felony. He and his fiancee, Karla Giraldo, said a gash on her face was the result of an accident with a broken glass. He was convicted of the lesser charge for dragging her from his apartment.

A felony conviction would have resulted in Monserrate's automatic removal from the Senate.