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Updated 10/08/2009 06:01 AM

Monserrate's defense continues its case

By: Bobby Cuza

Defense attorneys in state Senator Hiram Monserrate's assault trial continued their case Wednesday. Among the topics in focus were the extent of Monserrate's girlfriend's drinking the night of the incident and Monserrate's own medical records. Our Bobby Cuza has the latest from Queens Supreme Court.

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NEW YORK CITY, N.Y. -- Hiram Monserrate's defense continued to present its case on Wednesday that the state Senator accidentally hurt his girlfriend with broken glass.

On Tuesday, a judge threw out two of the lesser charges against him, saying the prosecution cannot argue that he both intentionally and accidentally did it.

The downstate democrat still faces the four most serious assault charges against him. Prosecutors argue he slashed girlfriend, Karla Giraldo, in a jealous rage after finding she had another man's business card.

The defense says that's not the case.

"I still don't know what the prosecution's theory is as to what happened in that bedroom. I mean, they didn't ask their witness and just to say it wasn't an accident is not really proof beyond a reasonable doubt. They just rested their case and they haven't put forth one stitch of evidence as to what happened inside that bedroom. That being said, I think this case is over," said defense attorney Joseph Tacopina.

Monserrate faces up to seven years in prison and the loss of his state Senate seat if convicted.