Thursday, May 7th 2009, 4:00 AM
Bates for News Hiram Monserrate
A Queens judge on Wednesday refused to make public a video tape of state Sen. Hiram Monserrate dragging his wounded girlfriend from his apartment building - saying it would "poison" potential jurors.
"The defendant will not get a fair trial," Queens Supreme Court Justice William Erlbaum in ruling to block the tape from public view before trial.
"It has the great potential for prejudice. A picture is indeed worth a thousand words ... it causes the blood to boil."
Monserrate, 41, was charged with felony assault after prosecutors say he slashed girlfriend Karla Giraldo in the face with a shard of glass after an argument in his apartment Dec. 19, 2008.
Prosecutor Scott Kessler described the security tape in "graphic" detail, saying it shows the former Queens city councilman "viciously and violently" yanking his girlfriend toward the exit as she screamed for help.
The victim needed 20 stitches over her left eye to close the gash, authorities said.
Monserrate's former defense attorney, Irving Seidman, countered by saying the tape "showed absolutely no violence."
Erlbaum also watched the tape in private during the last court appearance on March 27.
He then upheld a full order of protection, forcing Monserrate to stay away from the petite 29-year-old.
Although Giraldo first said she'd had an argument with Monserrate, she swore in court papers the injuries were accidental. She said Monserrate tripped on her shoes while bringing her a glass of water in bed.
She also planted a kiss on Monserrate's cheek at the last court appearance, in violation of the order of protection.
Monserrate's new lawyer, Joseph Tacopina, echoed the judge's fears about a tainted jury.
"We won't even get a chance," Tacopina said, adding he almost had a mistrial in the Bronx because of a juror looking up trial info on the Internet.
"It's adding fuel to the fire. It's totally inflammatory."
Tacopina also warned the judge the tape had yet to be "authenticated," and said he could still look to challenge its admission into evidence.
Erlbaum warned Tacopina that the freeze was only temporary.
"You and your client have to make your peace with this exhibit. You'll have to cope with it ... You'll have to cope with it at trial. It's inevitable that it's going to come out," Erlbaum said.
The hearing was held after the Daily News asked that the tape be made public.
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