Despite Tearful Pleas, Judge Orders SF Sheriff to Stay Away from His Family
Mirkarimi pleads not guilty to three misdemeanor charges in domestic violence case
During a contentious hearing in a packed courtroom, San Francisco Sheriff Ross Mirkarimi pleaded not guilty Thursday afternoon to three misdemeanor charges in a domestic violence case that may jeopardize his political career.
But despite a tearful plea from his wife, Eliana Lopez, a judge barred Mirkarimi from having any written, telephone or Internet contact with Lopez or their 2-year-old son for the duration of his trial. He must also stay at least 100 yards away from them.
At one point during the hearing, both Mirkarimi and Lopez were in tears.
Mirkarimi, who was sworn in as sheriff on Jan. 8, was arrested on Jan. 13 on charges of domestic violence battery, child endangerment and dissuading a witness after he allegedly injured his wife during an argument on Dec. 31. If convicted, Mirkarimi could face up to one year in jail for each of the three misdemeanor charges. He is currently free on $35,000 bail.
According to court documents, Lopez told a neighbor on Jan. 1 that Mirkarimi had pushed, pulled and grabbed her during an argument about whether she could take their son to visit her family in Venezuela, leaving her with a bruise on her right arm.
The neighbor, Ivory Madison, recorded video of the bruise and her conversation with Lopez, who told her that the argument took place in front of the couple's son. On Jan. 4, Madison contacted police about the incident, prompting an investigation.
Both Mirkarimi and Lopez, a former Venezuelan television actress, have denied the domestic abuse allegations. The couple and their respective attorneys attended Thursday's hearing before San Francisco Superior Court Judge Susan Breall. Prior to her appointment to the court, Breall was chief of the criminal division of the San Francisco District Attorney's office and was responsible for prosecuting crimes against women, children and the elderly.
The courtroom was filled with journalists and many Mikarimi supporters, including former San Francisco Mayor Art Agnos and some former campaign workers wearing "Ross Mirkarimi for Sheriff" T-shirts.
The most contentious aspect of the hearing centered around the prosecutor's request for a new stay-away order barring Mirkarimi from having any contact with Lopez and their son, Theo. An emergency protective order issued last week was set to expire within days.
Breall issued the order over objections from attorneys for both Mirkarimi and Lopez. Both lawyers said Lopez did not consider Mirkarimi a threat.
Breall said she had to consider several factors before making a decision about extending the order: that the couple's son allegedly witnessed the abuse; that Lopez had not yet met with the victim's advocate in the district attorney's office; and that Lopez is a recent immigrant to the U.S. and did not have much of a support system in the country.
“I understand Ms. Lopez is in an extremely difficult position," Breall said. "She is an immigrant to this country, she came to this country without a mother and father.”
Lopez, who was sitting in the front row wearing a grey sweater, black scarf and jeans, seemed stunned by the comment. She uttered, “Oh, my gosh,” with her mouth agape. Others in the packed courtroom gasped.
Partway through the proceeding, Breall allowed a break, during which Lopez met with the victim's advocate in the district attorney's office.
During the break, Mirkarimi, dressed in a dark blue suit, remained in the courtroom, while the judge listened to other cases. One by one, defendants dressed in orange jumpsuits issued by the city's jail, which Mirkarimi, as sheriff, oversees, appeared in the courtroom.
After the break, Lopez stood with her back to a seated Mirkarimi and addressed the court. She bristled at the suggestion that she was an immigrant who lacked independence and the ability to make decisions for herself.
“This picture, that the poor little immigrant, is a little insulting. I feel that. I was a little angry listening to these comments.”
Breall asked, “What comments?”
“I am 36 years old,” Lopez replied. “I’ve been independent since I was 20 years old.”
She recounted how she had lived in Mexico and London and visited places like Tibet.
“I have been traveling around the world. I am able to speak and understand everything that is happening here.”
The judge interjected, “Can I say something? I don’t think you’re a little immigrant. You have to be a very strong person to be here.”






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