Mirkarimi Can See His Son
Judge allows San Francisco sheriff to visit with his 2-year-old
A judge on Wednesday allowed San Francisco Sheriff Ross Mirkarimi to have unsupervised visits with his son while he defends himself against allegations of domestic abuse and child endangerment.
Mirkarimi will be able to see his 2-year-old son, Theo, for two hours each weekday and six hours each weekend day. The judge's order takes effect immediately.
Since his arrest on Jan. 13, Mirkarimi has not been allowed to have any contact with his wife, Eliana Lopez, or their son.
After Wednesday's hearing, Mirkarimi said, “I get to see my son, and I can’t tell you how excited and grateful I am. This has been a torturous process.”
“I’m just so hungry to see my son, I’m going to gobble him up,” he said, while fighting back tears.
Mirkarimi said to help him cope with the separation, he would buy books and toys for Theo. He then held up a toy fire engine.
"I couldn't find a sheriff's car," he explained.
On three previous occasions, judges had denied Mirkarimi's requests to lift a stay-away order barring him from contact with Theo until the conclusion of his domestic abuse trial, which is set to begin Feb. 24. In court documents filed last week, Lopez said she supported Mirkarimi's petition to see their child.
On Wednesday, San Francisco Superior Court Judge Ronald Albers allowed Mirkarimi to visit with his son, but stipulated that those visits must be arranged by family friend Patricia Forsyth or her son, Jeremy.
Lopez’s attorneys said Theo feels comfortable with the Forsyths. They must be “available for the duration of the visits,” according to the judge’s order.
At the end of Wednesday's hearing, the prosecutor in Mirkarimi's criminal case, Elizabeth Aguilar Tarchi, tried to speak with Albers as he was leaving the court, but he didn’t acknowledge her.
Lopez's criminal attorney, Paula Canny, said it was unusual for a prosecutor to attend such hearings.
“Never before in my career have I seen a deputy district attorney try to intervene in a family law court proceeding,” Canny said.
Stephanie Ong Stillman, spokeswoman for the DA, said Tarchi attended the family court hearing to ensure that any modified protective order would not include contact between Mirkarimi and his wife.
"Our office is completely satisfied with the family court order," Ong Stillman said.
Prosecutors allege that Mirkarimi bruised Lopez during an argument that Theo witnessed on Dec. 31. Mirkarimi pleaded not guilty last month to three misdemeanor charges: domestic violence battery, dissuading a witness and child endangement.
In public statements, Lopez has said she is not a victim of domestic violence.
After the hearing, Lopez told reporters, “I just have to say that I am extremely happy that Theo is going to see his dad.”
When asked if Theo knew he was going to see his father, Lopez began to cry. “It’s going to be a surprise for him,” she said.
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George Smith
Let's hope he does not "goble him up" literally!
barry eisenberg
Thank heaven for small favors.
eliza hamill
Yay! Finally a reasonable outcome in the most completely unreasonable prosecution of a misdemeanor charge I've ever seen.
Ken Willets
Family Court has resorted to punishing families until they cut out the drama, rather than pursuing guilt or innocence of individuals.
Even if some families deserve it, I don't see how the Constitution supports this.
Adrian Waller
It's a personal matter. A family matter.
Let the Mirk Family have their soap operat in at home, behind closed doors, please!
R T
People used to say it was a personal family matter when the cops showed up and the wife had a broken nose and a black eye. Glad we have gotten past that, even if you haven't.