Albany judge orders warring Senate parties back to table

ALBANY - Control over the state Senate was left uncertain Monday morning after a judge ordered warring Democrats and Republicans back to the table to try to reach an agreement.

State Supreme Court Justice Robert McNamara declined to immediate decide whether the June 8 coup that shifted control of the Senate to Republicans was legal.

Instead, the Albany judge sent both sides back to try and reach a deal before returning at 1 p.m.
The Senate is scheduled to go into session at 3 p.m.

McNamara said he preferred the two sides to work it out on Friday, but there were very little discussions over the weekend.

Republicans and Sen. Pedro Espada Jr., a Bronx Democrat who sided with them, said Democrats had discussed a possible power-sharing deal that did not include Espada as Senate president. But the offer was rebuffed.

The Republicans and Espada say they still hold leadership over the chamber.

The Senate appeared to be deadlocked in a 31-31 split between Democrats and Republicans after Queens Sen. Hiram Monserrate told the Daily News for Monday's editions that he would vote with his fellow Democrats. He had originally joined with Espada in switching allegiances.

Espada said Monday he holds no grudges against his former fellow dissident.

"We go with the cards that are dealt, and it's not a bad hand I still have," Espada told the Daily News.

"I'm not upset with [Monserrate]. He made me president pro tem. His vote put me over the top in a historic way."

Espada said Monserrate told him of the decision Sunday night.

"Sen. Monserrate is still firm with the vote that he took \[June 8\] supporting me for president pro tem," Espada said. "He will be signing an affidavit attesting to that; that the vote ... was proper and he still supports me."

"The subsequent events, that no other Democrat joined the coalition and that Malcolm Smith was ousted as Democrat leader this past weekend, convinced him to him to conference with the Democrats," Espada said.
Espada, noting intense pressure he said borders on criminality, said of his former partner: "Everyone has their threshold of resistance."

"What is disappointing is that not enough attention has been focused on this criminal coercion," Espada said. "This is not right, even if you're an elected official."

"This is improper. It is illegal to this level. It's one thing people talk about politics, but this is raising it to another level, way beyond the pale."

Espada also disagreed with the belief that Monserrate's return to the Democrats means the house won't accomplish anything because of the even split between parties.

He said there are a number of pending votes on issues - same-sex marriage, mayoral control over the schools, rent stabilization, and bills - that don't break down along strict party lines.

"None of those break down 31-31," he said.

But since the Senate cannot go into session without a simple majority of 32 members, one member would have to change loyalities before any votes could be taken.

Espada vowed that he and Republican Sen. Dean Skelos, who was voted majority leader last week, will
remain in their leadership posts unless a court rules otherwise.

He said he has no plans trying to mend fences with the Democrats, many of whom say they don't want him back anyway.

"I believe in a bipartisan government, which means a Republican should have a position of power. In this instance, it's Sen. Skelos," Espada said.

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