Updated 01/12/2010 05:59 AM

Monserrate hearing latest

By: Mike Whittemore

A Senate committee continues to discuss the fate of a Queens Senator convicted of misdemeanor assault. After meeting Monday, the committee isn't saying whether Hiram Monserrate will lose his Senate seat, but did give an indication of when they expect their findings to be released. Our Mike Whittemore has more.

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NEW YORK STATE -- It could be as early as the end of the week that the Senate committee investigating Senator Hiram Monserrate will release its final report. A report that could result in the Queens lawmaker losing his senate seat.

The nine member committee, made up of five democrats and four republicans, is trying to decide if Monserrate's actions outside of the Capitol warrant removal from office.

Late last year, Monserrate was convicted of a misdemeanor assault against his girlfriend and then sentenced to three years probation. If he had been convicted of a felony, he would have automatically lost his seat.

Instead, Senator Sampson took an unprecedented move by forming a committee to investigate the crime and decide if Monserrate was still fit to serve. That committee has been meeting mostly behind closed doors and they did so again Monday.

Committee chairman, Senator Eric Schneiderman, defended the practice, saying that once the report is released, full transcripts and accounts will be available to the public.

"You consider evidence piece by piece and you could have misleading reports of piecemeal evidence before you've actually examined it or obtained evidence that might rebut it. So this is an effort to finish the report and provide as much fairness as we can," Schneiderman said.

Sources say the committee's report calls into question Monserrate's and his girlfriend Karla Giraldo's credibility. The report also says Monserrate was more concerned about protecting himself rather than Giraldo's when he hurried her while bleeding to a Long Island hospital.

Senator Schneiderman said this was likely the last meeting before the final report will be finalized. It will then be presented to the entire senate before further, if any, action is taken.