Justice William Erlbaum, who hasn’t cut defendant Hiram Monserrate a lot of slack in the trial over whether he deliberately slashed his girlfriend’s face with a broken glass, gave the state senator some good news yesterday. The Post reports that the Queens judge tossed out two of the assault charges, explaining that the prosecution didn’t meet the burden of proof that Monserrate acted recklessly (meaning he knew the risk but did it anyway). This is a glimmer of good news, indicating the prosecution’s case was not as slam-dunk as many thought. However, the glimmer is distinctly overshadowed by the four charges remaining, and Monserrate still faces up to seven years in prison for second-degree assault.
