Judge Refuses to Allow Mirkarimi to Contact Wife, Son
SF sheriff says not being able to see his family has been "enormously crushing"
Updated Jan. 26, 2011, 5:46 p.m.
A judge on Thursday refused to lift an order barring San Francisco Sheriff Ross Mirkarimi from having any contact with his wife and 2-year-old son.
The stay-away order remains in effect until the conclusion of Mirkarimi's domestic abuse trial, which is set to begin Feb. 24.
Mirkarimi's new attorney, Lidia Stiglich, tried to convince Judge Susan Breall to let Mirkarimi see his son during supervised visits, but Breall refused. Breall reminded Mirkarimi that he could file a petition in family court to request such visits.
The judge, however, commended Mirkarimi for attending three counseling sesions. Stiglich said her client will continue to receive therapy, which she cited as evidence the sheriff is taking the charges against him "very seriously."
Breall said it was not the practice of the court to lift stay-away orders in cases like this. "I know Sheriff Mirkarimi would not want to have special treatment just because he’s the sheriff.”
After the hearing, Mirkarimi told reporters, "It's been enormously crushing that I haven't been able to be with my family, with my wife, with my son. It's been disproportionately cruel."
Thursday's hearing marked the first time Stiglich appeared on Mirkarimi's behalf. Mirkarimi hired her on Wednesday to replace his previous lawyer, Robert Waggener.
Unlike at last week's hearing, when Breall issued the stay-away order, Mirkarimi's wife, Eliana Lopez, did not address the court and did not speak to reporters after Thursday's hearing.
Lopez's attorney, Cheryl Wallace, tried to get the judge to exclude all communications between Lopez and her neighbor, Ivory Madison. On Jan. 1, Madison recored a video of Lopez discussing a Dec. 31 argument she had with Mirkarimi and showing a bruise she claimed resulted from the dispute. The two also exchanged e-mails and text messages about the incident.
Wallace claimed that the tape was not acceptable as evidence because the discussion between Lopez and Madison, a law school graduate, was protected under "attorney-client privilege."
Breall rejected that argument because she did not know whether Madison was, in fact, acting as Lopez's attorney when those discussions took place.
In an email to reporters Tuesday, Lou Gordon, a friend of Lopez's, said Lopez planned to appear in support of Mirkarimi at a rally scheduled before Thursday's hearing, but that rally was cancelled at the last minute at Siglich's request, according to another support, Raquel Fox.
As Mirkarimi entered the courtroom Thursday, he passed by Michael Petrelis, who was holding a sign that read "Resign, Ross. Resign."
Petrelis said that Mirkarimi cannot juggle his legal troubles while also making sure the Sherrifs Office functions smoothly.
"If he can, he's a miracle man," he said. "I believe he should resign for the good of the city."
On Tuesday, after meeting with San Francisco Mayor Ed Lee, Mirkarimi told reporters he would not step down, but would not take pay during his trial next month.
Christine Falvey, Lee's spokeswoman, said Thursday that the mayor is "reviewing the city charter and considering what his options are" regarding Mirkarimi's position.
"He wants to make sure the office of the sheriff is functioning. He did ask the sheriff to consider taking a leave while defending himself against these charges."
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S.F. Peaches
We should question whether it's possible to hold a fair trial now.
In the end, the public implications of this have very little to do with Ross Mirkarimi. This one particular case has been an example of how politics and pretrial publicity can affect something which should be influenced by neither.
The private implications are a problem, too. Although other domestic violence allegations may be addressed the same way where charges are concerned, Sheriff Mirkarimi's family has been put on public display. No family should have to go through that. A small child is in the middle of it, and repeated references have been made to him. He has turned into a topic of media gossip, with some news reports quoting him as saying his father injured his mother.
Regardless of what anything thinks of the people involved, there will be only sad memories of every aspect of this tragedy.
Nancy Wong
"Sheriff Mirkarimi's family has been put on public display"
Politicians and actors put themselves "on public display."
The unfortunate "repeated references" are the egregious comparison of the behavior of some pitbulls and Sheriff Mirakimi's alleged behavior.
Josh Wolf
I know it's the Citizen's convention, but when running a quote that's pretty much verbatim from what the same source said last week: "reviewing the city charter and considering what his options are" regarding Mirkarimi's position, it seems that somehow delineating that this is a quote from this Thursday as opposed to a week ago might clarify that the mayor is apparently, in fact, spending a very long time reviewing the charter. It's like he's hoping if he reads it enough times he'll find a magical solution to his quandary.
Trey Bundy
Thanks for your comment, Josh. That quote came from the mayor's spokeswoman 20 minutes after the hearing yesterday. I called her to ask about rumors that the mayor had met with the city attorney about the case earlier in the day. She said the rumors were untrue and then said Lee was still reviewing the charter. We included the quote (noting that it came Thursday), and the brief explanation of the mayor's meeting with Mirkarimi this week, for readers who might be coming to this story late and wondering how the mayor is addressing the situation.
-Trey
eight arms
They must be twisting themselves into pretzels trying to make it fit a definition of "official misconduct."
http://www.citireport.com/2012/01/suspend-sheriff-mirkarimi-not-likely/
SUSPEND SHERIFF MIRKARIMI? NOT LIKELY
eight arms
The Plumbers Union!!!!
What goes around comes around ha ha ha!!!!
http://law.justia.com/cases/california/calapp3d/112/141.html
Mazzola v. City and County of San Francisco (1980)
112 Cal. App. 3d 141 [169 Cal. Rptr. 127]
eight arms
The usual real estate con men.
R T
What in the world does that mean?
eight arms
It means I prefer a sheriff who has the shred of self respect to stand up to the real estate gangsters establishing total jurisdiction in this town.
If the mayor does get some twisted judge to make some tortured ruling squeezed three misdemeanors into "official misconduct", EVERYBODY knows the replacement will be someone who wets themselves doing the bidding of our criminal real estate class.
Because oh hell even the President learned his lesson, that without some kind of immunity from fraud on a truly numbing scale for the real estate mobsters, he's finished.
http://www.huffingtonpost.com/2012/01/27/obama-administration-mortgage-fraud-settlement_n_1236708.html
R T
Once again- The Sheriff has ZERO to do with real estate etc. In fact, Having Ross as the Sheriff was great for Lee and "the Establishment" Off the board, get to appoint a successor, and in a job where there is not a lot of press coverage- unless of course you get charged with domestic violence.
eight arms
Because this isn't about domestic violence. Its about breaking points, because everybody has their breaking point, even the president of the united states, and is it any surprise that the only ones left standing would be what the press is quoting his attackers, a "pit bull?"
F*ck YEAH he's a pit bull because the LAP DOGS have all been spanked!!!!
R T
But sometimes, those pitbulls get out of hand and hurt people. Ironic yes.
eight arms
America NEEDS pit bulls, not lap dogs!!!!!!!!!!!
http://www.huffingtonpost.com/2012/01/27/obama-administration-mortgage-fraud-settlement_n_1236708.html
eight arms
Because it kind of dawns on people who have lived here more than a few years that if you just scratch the surface of just about EVERYTHING it all seems to come down to some kind of real estate scam.
Mark my words, even though this is technically about three misdemeanors, it is going to come down to massive, massive, massive criminality and mind blowing immunity from prosecution for the usual actors.
R T
I have lived here my entire life- Born and Raised. How anyone with a shred of common sense can even make the cosmic leap to think that this is somehow tied to a real estate deal etc, is beyond me- and I have met and dealt with LOTs of crazy people.
eight arms
Plus, that giant sucking sound you are hearing is more legalized theft as business cons like Zynga, p/e of something like 125 is it?, vacuuming up the pension fund money so a few people can light cigars with 500 dollar bills.
eight arms
Excuse me p/e 135 today. WOW those criminals know how to float some garbage...
eight arms
He's a pit bull, but he's OUR pit bull, because pit bulls are the only ones left, and if he goes down because some bought lap dog judge can shoe horn three misdemeanors into "official misconduct" and make it stick through appeals it is just one more tiny, tiny little aria....
....http://www.marketwatch.com/story/facebook-ipo-buzz-rises-on-news-of-trade-halt-2012-01-27?siteid=yhoof2
-- Facebook to file for IPO Wednesday: WSJ --
eight arms
This isn't about the Sheriff of San Francisco. It's about Morgan Stanley...
" Facebook Inc. could file papers for an initial public offering as early as next week and is close to picking Morgan Stanley as the lead underwriter for its IPO..."
http://www.imdb.com/media/rm621198080/nm0001751
R T
Again- not relevant. Please make a coherent argument that actually shows how this is a real estate scam other than posting random articles about real state deals etc. Oh- and just curious- do you think that a big real estate broker paid his wife to go to Ivory Madison with false accusations- or that Ivory Madison is being paid by them?
eight arms
"As a Supervisor, Mirkarimi had a 100% pro-tenant voting record..."
Again, compare that with today's headline and tell me who are the real criminals here...
"Obama Administration And Banks Near Deal On Mortgage Fraud Legal Liability"
R T
You suck at this game- not even fun playing it with you anymore. Sure- Ross is very pro tenant- other than having to enforce eviction notices- that has ZERO to do with real estate in SF. Or do you think they went after because they were afraid he would enforce eviction notices?
eight arms
If you don't see the potential to punish a long time enemy and reward some friend and terrorize future honest legislators you are being willfully ignorant, a common tactic amongst the loyalists.
R T
This is kinda fun- next you will claim I am a member of the bourgeoisie. Or maybe just tell me that I am working for "The Man"
Sadly, I fail to see any logic in your argument. And you continue to forget that it was his wife that brought all this out into the open. I am glad she did.
eight arms
You and every real estate con man facing life in prison are glad to see someone with a 100% voting record against real estate scams facing difficulty.
eight arms
Even if it's just three misdemeanors, when you've got lemons and the presiding judge of the superior court is the daughter of one of the mayor's biggest string pullers, you can set up the lemonaid stand right outside the courthouse.
June Ko-Dial
boy, you are a piece of work!
R T
I hate to see anyone facing these charges. I hope he truly is innocent. Based on the facts presented so far, I have my doubts. If he is guilty- he needs to leave office- pro-tenant or not.
June Ko-Dial
boy, this has sure gone in circles! we are still talking about the alleged domestic violence and protecting his family, right? :)
eight arms
Some people call it "pro tenant" and some people call it "basic honesty" or "not corrupted."
Depending on how you call it tells a lot about what side of the force you're on.
eight arms
Something like 3/4 of everyone living in SF is pro-tenant judging from the success with pro-tenant ballot initiatives, which are repeatedly passed at the city and county level and then struck down at the state level by the forces at work right now trying to turn three misdemeanors into "official misconduct."
There is no way these charges merit removal from office but there is so much at stake for the real estate fraud enablers in the state house this will turn into a really massive effort in court.
eight arms
Most people are pretty well sure that even if the case seems to be "by the book" now (despite the definition of "by the book" being really different for mayoral appointees) by the end it will resemble a real political trial including a ridiculously heavy handed verdict that will leave appeals judges awestruck.
eight arms
"I'll MAKE it legal."
http://www.huffingtonpost.com/2012/01/27/obama-administration-mortgage-fraud-settlement_n_1236708.html
-- Obama Administration And Banks Near Deal On Mortgage Fraud Legal Liability --
steve vee
This 8 arms guy is bizarre. Really poor logic demonstratedwith his posts. Rambling jibberish.
steve vee
Is 8 arms a supporter of wife beatings? I wonder what 8 arms would do as sheriff in dv cases?
Adrian Waller
It's a personal matter. A family matter.