It's the Dom Rel Crowd That Doesn't Get It

By Jeralyn, Section Crime in the News
Posted on Tue Dec 15, 2009 at 01:52:00 AM EST
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Cynthia Kouril writes at FDL about the Hiram Monserrate trial and sentence, complaining the judge doesn't get it:

Monserrate was charged with a felony, but convicted of a misdemeanor, so his maximum sentence was only one year. The judge however did not sentence him to anywhere near that amount of time, giving him probation and some anger management counseling. The judge DOES NOT GET IT.

It's Kouril who doesn't get it. That's the standard sentence for a first-time misdemeanor in New York. It's an appropriate sentence. The ~~jury~~ judge accepted there was an accident. He was convicted for the manner in which he forcefully made her go to the hospital, which she was resisting. Once outside, she calmed down, and they walked together in stride to the car. No more force required.

He was found not guilty of assaulting her with a knife. It was an appropriate sentence.

The best explanation of domestic violence fights I've found is in a Leonard Cohen song: [More...]

It's the homicidal bitchin that goes down in every kitchen
to determine who will serve and who will eat.

The Judge did the right thing. Had he sentenced Monterserrate more harshly, it would have been for who he was and not what he was convicted for.

And, Joe Tacopina did a great job defending Montserrate.

As Don Henley sang, Get Over it.

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It's the Dom Rel Crowd That Doesn't Get It | 11 comments (11 topical)

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It's a criminal defense blog. (5.00 / 2) (#3)
by caseyOR on Tue Dec 15, 2009 at 06:51:03 AM EST

I know that. And because I know that I understand why you disagree with Kourill and instead support the verdict and the sentence.

But seriously, your understanding of domestic violence comes from this song? Really? If true, I am stunned that you have such a shallow and erroneous understanding of domestic violence.

: Amen. Thanks. (none / 0) (#4)
by Dr Molly on Tue Dec 15, 2009 at 07:58:36 AM EST

: The song is "Democracy" (none / 0) (#8)
by Fabian on Tue Dec 15, 2009 at 09:27:18 AM EST

and the theme is the frictions of everyday life, big and small.
It is mostly definitely not about personal relationships. Cohen has written a lot of songs about that.

ok, (none / 0) (#1)
by cpinva on Tue Dec 15, 2009 at 02:23:29 AM EST

what's a "dom rel"? dominant relationship?

: Oddly enough (none / 0) (#2)
by Fabian on Tue Dec 15, 2009 at 06:26:55 AM EST

I've never heard of any domestic violence in a true dom/sub relationship, just the plain vanilla ones.

: Domestic Relations. n/t (none / 0) (#11)
by MileHi Hawkeye on Tue Dec 15, 2009 at 11:31:39 AM EST

I'm afraid to ask... (none / 0) (#5)
by Dr Molly on Tue Dec 15, 2009 at 07:59:22 AM EST

but what exactly is the 'Dom Rel Crowd' so contemptuously referred to in this post?

The jury (none / 0) (#6)
by Steve M on Tue Dec 15, 2009 at 08:18:51 AM EST

did not "accept" that there was an accident, of course, it merely found that the prosecution had not established its theory beyond a reasonable doubt. That theory, as I understand it, was that the defendant smashed a glass against the victim's face with enough force to break it and shred her severely, as the victim had claimed before she recanted.

I believe that in federal court, the judge would be permitted to impose a sentencing enhancement based upon these additional events if he found they had been proven to a preponderance of the evidence. I may have that wrong, and the same principle may not apply under New York state law, but if it does apply then the judge wasn't limited to sentencing him the same as any first-time misdemeanant.

At this point I can only hope he has learned a lesson somehow from the process. Domestic violence can have many, many worse outcomes than what transpired here.

Actually (none / 0) (#7)
by Steve M on Tue Dec 15, 2009 at 08:43:35 AM EST

now that I think about it, wasn't this a bench trial?!? Maybe the jury really didn't accept anything at all!


thanks, I'm surprised (none / 0) (#9)
by Jeralyn on Tue Dec 15, 2009 at 10:41:33 AM EST

I wrote jury instead of judge and have corrected it. I wrote quite a few posts on Tacopina's waiving of the jury and opting for a bench trial....a slip of the keypad.


: keyboard (none / 0) (#10)
by Jeralyn on Tue Dec 15, 2009 at 10:42:20 AM EST

not keypad.