Mirkarimi to Fight Stay-Away Order, Again

Adi Sambamurthy/The Bay Citizen
San Francisco Sheriff Ross Mirkarimi arriving at court on Jan. 26, 2012.

San Francisco Sheriff Ross Mirkarimi will return to court on Friday to try again to modify a court order preventing him from contacting his wife or son because of an alleged domestic violence incident on New Year's Eve, his attorney said today.

Mirkarimi's defense attorney Lidia Stiglich said via email today that she filed papers Monday and additional papers today to request the hearing to modify the stay-away order, which is preventing him from contacting his wife, Eliana Lopez, and the couple's 2-year-old son Theo.

The order was issued when Mirkarimi was charged on Jan. 13 with misdemeanor domestic violence battery, child endangerment and dissuading a witness in connection with an incident on Dec. 31 involving Lopez, during which Theo was present, prosecutors said.

It is currently in effect at least through the end of the trial, which starts Feb. 24.

San Francisco Superior Court Judge Susan Breall has twice denied requests to modify or remove the stay-away order, but last week encouraged Mirkarimi to seek a modification of the order in a separate family court, which Breall said is the court's standard procedure.

Mirkarimi will appear in family court on Friday morning at the county courthouse on McAllister Street, Stiglich said.

Stiglich argued in court last week that the stay-away order has left Theo "devastated at being separated from his father."

She also said Mirkarimi has taken multiple counseling sessions since the case came to light and "takes all these allegations very seriously."

The case stems from a Dec. 31 argument between Mirkarimi and Lopez during which he allegedly grabbed her arm and caused a bruise on her bicep.

Prosecutors said Lopez told neighbor Ivory Madison about the incident and that Madison videotaped her conversation with her and later called police to report the case.

Assistant District Attorney Elizabeth Aguilar-Tarchi, in arguing to uphold the stay-away order, cited communications between Lopez and Madison in which Lopez mentioned possible neglect by Mirkarimi toward his son and alluded to possible past domestic violence incidents between the couple.

Lopez has since publicly denied she has any complaint against her husband and also argued for the removal of the stay-away order.

Mirkarimi could face a year in prison and three years' probation if convicted of all charges.

He was just sworn in as sheriff on Jan. 8 after serving for seven years on the San Francisco Board of Supervisors.

steve vee
steve vee
wrote on 01/31/2012 at 8:29 p.m. PST

This guy needs to resign by tomorrow. He's a disgrace. We pay his salary. I work hard and do not like supporting wife beaters. Get out of office. You are an embarassment.

eliza hamill
eliza hamill
wrote on 02/04/2012 at 9:18 a.m. PST

alleged. alleged. alleged. Stop thinking you know what happened just because the Chronicle dutifully writes down everything the prosecution states or theorizes about without even bothering to seek opinion or comment from the other side. Mirkarimi has not been convicted. Let him have his day in court. It's the American way, presumably. You'd hang him for the accusations and sensational press alone. Shame on you, "Steve Vee."

eight arms
eight arms
wrote on 02/01/2012 at 6:17 a.m. PST

Listen. This is a political trial. Like all political trials there is a lot at stake. This trial is in the discovery stage right now. After the discovery stage it goes to trial. Very soon.

It is understandable how some of our more retarded citizens here in SF and elsewhere would be concerned for a child and a mother who is allegedly terrorized and battered. But the more intelligent citizens recognize logical inconsistencies, that the story makes no sense.

The idea that this will not come out in trial, either the court trial or the trial right now in the media, is absurd.

At the end of this trial you will look like the morons and/or criminals you really are. So f*ck you.

Soonerdiver
Soonerdiver
wrote on 02/01/2012 at 7:31 a.m. PST

This trial can go either way... but if the Sheriff is convicted then I would ges the retarded citizen would be your "eight arms" and it would be appropriate to tell you to F*ck Off! Have a nice day!

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:11 p.m. PDT

Hey, Idiot! The issue is a pre-trial court plea... He got off, as we all now have learned... I hope he has something to do with you someday if you are ever caught by one of his imbecile underling officers...

eight arms
eight arms
wrote on 02/01/2012 at 6:19 a.m. PST

I'm already giving too much away.

eight arms
eight arms
wrote on 02/01/2012 at 6:21 a.m. PST

And to the people torturing children in the Santa Rita jail, your day of reckoning is absolutely coming.

eight arms
eight arms
wrote on 02/01/2012 at 6:21 a.m. PST

And you won't f*cking like it.

SF Soma
SF Soma
wrote on 02/01/2012 at 4:07 p.m. PST

Judge Sandoval, per chance?

steve vee
steve vee
wrote on 02/01/2012 at 7:18 p.m. PST

Hey 8 arms. F*uck off bro. You are the one that likes such hostile words. This dipsh*t Mirkarimi is a true tool if you ever met him. Complete moron who thinks he is above all. He's not. He's a wife beater. Prison time.

eliza hamill
eliza hamill
wrote on 02/04/2012 at 9:20 a.m. PST

Sounds pretty personal. My educated guess is that this poster was part of Chris Cunnie's campaign, which was full of City Hall hacks like Eric Jaye, who started the dump Ross campaign, and his ugly ilk. Don't trust posters with obvious political agendas. Can't wait to do my hacking and find this guy out for sure.

steve vee
steve vee
wrote on 02/01/2012 at 7:20 p.m. PST

"Retarded citizens?" Huh? You are the retard. Enjoy the moment as your career implodes.

steve vee
steve vee
wrote on 02/01/2012 at 7:24 p.m. PST

Get a private sector job for the first time in your life and work. Arrogance comes before the fall. So too here. Looks like another former District 5 sup is facing ethical issues tonight as well. What a clown show. All should be fired or resign tomorrow.

eliza hamill
eliza hamill
wrote on 02/04/2012 at 9:21 a.m. PST

Oh, and your friends in the Rose Pak/Brown/Harris/Newsom cabal are squeaky clean? If we had a real press in this town, they'd all be in jail.

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:14 p.m. PDT

Steve,

You rock with this comment about the douche bag eight arms... Or if you meant it for the other clown Mikkarimi... Or both, what the hell...

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:29 p.m. PDT

Or, however you spell his f _ _ _ _ _ up name...

steve vee
steve vee
wrote on 02/01/2012 at 10:24 p.m. PST

"At the end of this trial you will look like the morons and/or criminals you really are. So f*ck you."

What? Our sheriff accuses citizens calling him out as being "criminals" without any probable cause or evidence. As I originally posted, Mirk is a moron and deserves no further taxpayer salary payments. Unfit for office. Per se if you will. Good bye clown. Enjoy really working for a living without your purported "power." What a civic jackas$.

eliza hamill
eliza hamill
wrote on 02/04/2012 at 9:22 a.m. PST

So you know Mr. Mirkarimi personally? Then everything you write here is suspect, "Steve Vee."

steve vee
steve vee
wrote on 02/01/2012 at 10:36 p.m. PST

You know, let's think this through. What if uncle ross picks you up for an alleged legal violation - assuming he knows what one actually is given his dearth of training? Will he beat you and lie about it? Will he threaten witnesses who can establish your innocence with his "power" and badge? Will he, as sheriff, refuse to give you food like he did to his wife? Throw this parasite on our taxpayer wallet's out. Make him work like we do for a living. Sick and delusional is all that comes to mind. And that goes for you too 8 arms to the extent you are actually not Ross. Clown show. Get a life you tool.

steve vee
steve vee
wrote on 02/01/2012 at 11:05 p.m. PST

Forget "occupy sf" or any other city, let's "Occupy Mirk's Home" to prevent further domestic abuse. Let's do it. Protest tomorrow. He's sick.

eliza hamill
eliza hamill
wrote on 02/04/2012 at 9:24 a.m. PST

Go ahead, you fool. He doesn't live there any more.

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:17 p.m. PDT

Yeah, B _ _ _ _ _! You're his F _ _ _ _ Buddy neighbor down the street from where he lives now...

Stephen L
Stephen L
wrote on 02/03/2012 at 11:32 a.m. PST

I believe Eliana Lopez, the "victim." She says he is not abusive and she is not a victim. She says this prosecution is politically motivated. She never called the police. No one claims that she ever said she was afraid of Ross or that he was an abuser. She has told the judge and prosecutors that the violence being done to her family is being done by the DA. She talked to her neighbor because she wanted to document the fight they had in case they wind up in a custody dispute should they not be able to save their marriage. The legal system, which should be used to protect spouses who are actually being abused, in this case is being used to settle political scores and destroy a progressive political rival to the S.F. establishment. All citizens who care about honesty and integrity in government should apply critical thinking to what the DA's office is spinning in this case and be outraged. Ross in particular, and progressive San Franciscans in general, should not give in and fight back against this political feeding frenzy. The San Francisco media, in general, should be embarrassed for swallowing and perpetuating the DA’s inventions so uncritically.

eliza hamill
eliza hamill
wrote on 02/04/2012 at 9:24 a.m. PST

Finally, someone with whom I can agree. I agree!

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:19 p.m. PDT

You can't even reason! Where you one of the excused jury pool misfits? God help us!

Stephen L
Stephen L
wrote on 02/04/2012 at 11:35 a.m. PST

Bravo Eliza. Regardless of whether you think Ross is a good guy or a bad guy, the big embarrassment in this case is the San Francisco DA's Office, followed closely by the San Francisco media, with the SFWeekly getting a special mention. The willingness of allegedly serious media (The Chronicle) and allegedly progressive media (The Huffington Post) to join in this feeding frenzy, while ignoring the wishes and well-being of the alleged victim, and failing to point out the nonsense of the DA's public spin about this case, is truly sad. Any intelligent and fair-minded 9th grader would ask more critical questions about this prosecution than the S.F. media has done so far.

Just a few examples:

The media repeatedly say "three counts of domestic violence" without explaining how 1 alleged instance of grabbing an arm multiplied into 3 counts. Let me break it down. Neighbor says wife said Ross grabbed her arm and showed neighbor a bruise (Count 1). Neighbor says child was in the house at the time (Count 2, child endangerment). The child doesn't even have to have seen or been aware of the arm grab. This count is almost always added if the police even think a child might have been present. Police notice that neighbor made the report 3 days late, but Eliana chose not to report to police, therefore they assume Ross must have dissuaded her. (Count 3, dissuading a witness.)

Of course, that is not what 95% of readers think when they hear "three counts."

The media also mostly fail to mention that Eliana chose not to report this incident to police and has never said she was afraid of Ross. Often, there is barely a mention that Eliana is absolutely opposed to this prosecution.

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:27 p.m. PDT

Moron! I wouldn't put this on a 9th grader... Are you taking this from an episode of the television series Law and Order?

Adrian  Waller
Adrian Waller
wrote on 02/07/2012 at 9:00 a.m. PST

This is a personal matter. A family matter.

The public should let the couple resolve their differences behind closed doors.

Rudolph Fernandez
Rudolph Fernandez
wrote on 03/16/2012 at 2:26 p.m. PDT

Your neighbor kills his wife and child... days earlier, she comes to your door for help... You paint the rest of the picture... You are a major idiot! " a personal matter... Pfffffff.....

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