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"content": "\u003cfigure id=\"attachment_61465\" class=\"wp-caption alignright\" style=\"max-width: 169px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/elianalopez.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/elianalopez-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"169\" height=\"127\" class=\"size-medium wp-image-61465\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez at a court hearing (Mina Kim/KQED) \u003c/figcaption>\u003c/figure>\n\u003cp>Eliana Lopez, the wife of suspended San Francisco Sheriff Ross Mirkarimi, has \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/06/EDOA1NVGJQ.DTL\">\u003cstrong>written an op-ed in the San Francisco Chronicle\u003c/strong>\u003c/a> describing her side of the domestic violence incident for which her husband was convicted of a misdemeanor and at least temporarily removed from office. Lopez and Mirkarimi have been prohibited from personal contact by a court order, and Mirkarimi has been disallowed from seeing his two-year-old son except under supervised circumstances.\u003c/p>\n\u003cp>The case came to light when Lopez's neighbor, Ivory Madison, gave police video she had taken of Lopez, made with her permission, displaying a bruise on Lopez's arm, which was reportedly caused by Mirkarimi during an argument and struggle. Lopez later disavowed the video and claimed in court she agreed to have it made under the incorrect assumption that Madison was a lawyer, making their communications confidential. \u003c/p>\n\u003cp>Some extracts from Lopez's piece today:\u003c/p>\n\u003cblockquote>\u003cp>My husband and I had a very emotional misunderstanding about potential custody issues at a time when our relationship was struggling. I have never been afraid for my safety in the presence of my husband, or for the safety of my son. What I do fear is the mischaracterization of the events as a basis to remove my husband from elected office...\u003c/p>\n\u003cp>What has happened to my family is wrong. What has occurred has hurt not just me and Ross and our son, Theo, but also society in general. Just as domestic violence is to be condemned, so too is twisting an emotionally charged argument into the basis for removing an elected official from office without a hearing and without pay...\u003c/p>\n\u003cp>I sought legal advice from Ivory Madison about custody issues. I did not seek her help \"as a friend.\" Ivory Madison promised me that our conversation was confidential and that the video that she advised me to make would be secret, to be used only in the event of a custody dispute...\u003c/p>\n\u003cp>Finally, my dear Ross, they do not let us talk but you can read here from me that I love you. You won the election because the people know your hard work; nobody can erase that. Be strong, my dear, knowing that my heart is next to you and you are Theo's everything. I am committed to you, our marriage and our fight for justice and democracy. \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/06/EDOA1NVGJQ.DTL\">\u003cstrong>Full op-ed\u003c/strong>\u003c/a>\n\u003c/p>\u003c/blockquote>\n\u003cp>Lopez also disputes the allegations made in a Mar 20 \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/EDUC1NN1L0.DTL\">\u003cstrong>Chronicle op-ed piece by Ivory Madison's husband, Abraham Mertens\u003c/strong>\u003c/a>, who claimed that Lopez pressured him \"to destroy evidence and lie to the police.\" \u003c/p>\n\u003cp>As part of Mirkarimi's plea deal with the District Attorney's Office, he had to publicly apologize to Madison, whose motivations for reporting the incident were questioned by Lopez and some other Mirkarimi supporters. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update 11:25 a.m.\u003c/strong> Mirkarimi was briefly in court today in an appearance related to terms of his sentence. Outside the courtroom, the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/06/BA0N1O0052.DTL\">Chron reports\u003c/a>, he said, \"I view the op-ed, quite frankly, as a love letter.\" \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_61465\" class=\"wp-caption alignright\" style=\"max-width: 169px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/elianalopez.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/elianalopez-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"169\" height=\"127\" class=\"size-medium wp-image-61465\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez at a court hearing (Mina Kim/KQED) \u003c/figcaption>\u003c/figure>\n\u003cp>Eliana Lopez, the wife of suspended San Francisco Sheriff Ross Mirkarimi, has \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/06/EDOA1NVGJQ.DTL\">\u003cstrong>written an op-ed in the San Francisco Chronicle\u003c/strong>\u003c/a> describing her side of the domestic violence incident for which her husband was convicted of a misdemeanor and at least temporarily removed from office. Lopez and Mirkarimi have been prohibited from personal contact by a court order, and Mirkarimi has been disallowed from seeing his two-year-old son except under supervised circumstances.\u003c/p>\n\u003cp>The case came to light when Lopez's neighbor, Ivory Madison, gave police video she had taken of Lopez, made with her permission, displaying a bruise on Lopez's arm, which was reportedly caused by Mirkarimi during an argument and struggle. Lopez later disavowed the video and claimed in court she agreed to have it made under the incorrect assumption that Madison was a lawyer, making their communications confidential. \u003c/p>\n\u003cp>Some extracts from Lopez's piece today:\u003c/p>\n\u003cblockquote>\u003cp>My husband and I had a very emotional misunderstanding about potential custody issues at a time when our relationship was struggling. I have never been afraid for my safety in the presence of my husband, or for the safety of my son. What I do fear is the mischaracterization of the events as a basis to remove my husband from elected office...\u003c/p>\n\u003cp>What has happened to my family is wrong. What has occurred has hurt not just me and Ross and our son, Theo, but also society in general. Just as domestic violence is to be condemned, so too is twisting an emotionally charged argument into the basis for removing an elected official from office without a hearing and without pay...\u003c/p>\n\u003cp>I sought legal advice from Ivory Madison about custody issues. I did not seek her help \"as a friend.\" Ivory Madison promised me that our conversation was confidential and that the video that she advised me to make would be secret, to be used only in the event of a custody dispute...\u003c/p>\n\u003cp>Finally, my dear Ross, they do not let us talk but you can read here from me that I love you. You won the election because the people know your hard work; nobody can erase that. Be strong, my dear, knowing that my heart is next to you and you are Theo's everything. I am committed to you, our marriage and our fight for justice and democracy. \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/06/EDOA1NVGJQ.DTL\">\u003cstrong>Full op-ed\u003c/strong>\u003c/a>\n\u003c/p>\u003c/blockquote>\n\u003cp>Lopez also disputes the allegations made in a Mar 20 \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/EDUC1NN1L0.DTL\">\u003cstrong>Chronicle op-ed piece by Ivory Madison's husband, Abraham Mertens\u003c/strong>\u003c/a>, who claimed that Lopez pressured him \"to destroy evidence and lie to the police.\" \u003c/p>\n\u003cp>As part of Mirkarimi's plea deal with the District Attorney's Office, he had to publicly apologize to Madison, whose motivations for reporting the incident were questioned by Lopez and some other Mirkarimi supporters. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update 11:25 a.m.\u003c/strong> Mirkarimi was briefly in court today in an appearance related to terms of his sentence. Outside the courtroom, the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/06/BA0N1O0052.DTL\">Chron reports\u003c/a>, he said, \"I view the op-ed, quite frankly, as a love letter.\" \u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_60647\" class=\"wp-caption alignleft\" style=\"max-width: 162px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar1921.jpg\">\u003cimg class=\"size-medium wp-image-60647 \" title=\"mirkarimi2postsentencemar192\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar1921-225x300.jpg\" alt=\"\" width=\"162\" height=\"216\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi after his Mar 19 sentencing (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Suspended San Francisco Sheriff Ross Mirkarimi is trying to get the Superior Court to reinstate him.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee \u003ca title=\"Mirkarimi suspended\" href=\"http://ww2.kqed.org/news/2012/03/21/read-the-suspension-documents-served-to-ross-mirkarimi-today/\" target=\"_blank\">suspended Mirkarimi without pay\u003c/a> last week on grounds of official misconduct after the sheriff plead guilty to false imprisonment -- a charge stemming from a domestic violence case.\u003c/p>\n\u003cp>This morning, Mirkarimi's attorney David Waggoner filed a petition for a \u003ca href=\"http://dictionary.law.com/Default.aspx?selected=2267\">writ of mandate\u003c/a>, arguing \u003ca>Mayor Ed Lee had no right to suspend \u003c/a>Mirkarimi because the alleged domestic abuse happened before he became sheriff. The petition also claims the incident didn't happen at work and didn't stop him from doing his job.\u003c/p>\n\u003cp>\"Ultimately, the mayor, exceeded his authority,\" said Waggoner. \"It's without precedent and we're asking the court to overturn the suspension.\"\u003c/p>\n\u003cp>\u003ca title=\"View Mirkarimi Writ on Scribd\" href=\"http://www.scribd.com/doc/86957311/Mirkarimi-Writ\">Mirkarimi Writ\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/86957311/content?start_page=1&view_mode=list&access_key=key-17j3mflwqd5pb246if4k\" scrolling=\"no\" width=\"580\" height=\"773\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"description": "Suspended San Francisco Sheriff Ross Mirkarimi is trying to get the Superior Court to reinstate him. San Francisco Mayor Ed Lee suspended Mirkarimi without pay last week on grounds of official misconduct after the sheriff plead guilty to false imprisonment -- a charge stemming from a domestic violence case. This morning, Mirkarimi's attorney David Waggoner",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_60647\" class=\"wp-caption alignleft\" style=\"max-width: 162px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar1921.jpg\">\u003cimg class=\"size-medium wp-image-60647 \" title=\"mirkarimi2postsentencemar192\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar1921-225x300.jpg\" alt=\"\" width=\"162\" height=\"216\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi after his Mar 19 sentencing (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Suspended San Francisco Sheriff Ross Mirkarimi is trying to get the Superior Court to reinstate him.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee \u003ca title=\"Mirkarimi suspended\" href=\"http://ww2.kqed.org/news/2012/03/21/read-the-suspension-documents-served-to-ross-mirkarimi-today/\" target=\"_blank\">suspended Mirkarimi without pay\u003c/a> last week on grounds of official misconduct after the sheriff plead guilty to false imprisonment -- a charge stemming from a domestic violence case.\u003c/p>\n\u003cp>This morning, Mirkarimi's attorney David Waggoner filed a petition for a \u003ca href=\"http://dictionary.law.com/Default.aspx?selected=2267\">writ of mandate\u003c/a>, arguing \u003ca>Mayor Ed Lee had no right to suspend \u003c/a>Mirkarimi because the alleged domestic abuse happened before he became sheriff. The petition also claims the incident didn't happen at work and didn't stop him from doing his job.\u003c/p>\n\u003cp>\"Ultimately, the mayor, exceeded his authority,\" said Waggoner. \"It's without precedent and we're asking the court to overturn the suspension.\"\u003c/p>\n\u003cp>\u003ca title=\"View Mirkarimi Writ on Scribd\" href=\"http://www.scribd.com/doc/86957311/Mirkarimi-Writ\">Mirkarimi Writ\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/86957311/content?start_page=1&view_mode=list&access_key=key-17j3mflwqd5pb246if4k\" scrolling=\"no\" width=\"580\" height=\"773\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Analysis: Pressure on Progressive Supes in Mirkarimi Removal Process",
"title": "Analysis: Pressure on Progressive Supes in Mirkarimi Removal Process",
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"content": "\u003cfigure id=\"attachment_60288\" class=\"wp-caption alignright\" style=\"max-width: 169px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar192.jpg\">\u003cimg class=\"size-medium wp-image-60288\" title=\"mirkarimi2postsentencemar19\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar192-225x300.jpg\" alt=\"\" width=\"169\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi after his Mar 19 sentencing (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The city's Ethics Commission is expected to begin hearings on the suspension and possible removal of Sheriff Ross Mirkarimi, submitted by Mayor Ed Lee, next month. The proceedings will not only be open to public comment but they'll also be televised, you'll be happy to know.\u003c/p>\n\u003cp>The commission will use the proceedings to decide whether to pass the case on to the Board of Supervisors, who will then determine whether to oust the sheriff from office. But that will only happen if nine of 11 supervisors vote for removal.\u003c/p>\n\u003cp>The charges against Mirkarimi stem from his pleading guilty to charges of false imprisonment connected to a New Year's Eve fight with his wife, Eliana Lopez.\u003c/p>\n\u003cp>Both University of San Francisco political science professor Corey Cook and Golden Gate University Law School Professor Peter Keane, frequent observers of the city's political scene, say an amended city charter has made it much easier for Mayor Ed Lee to bring misconduct charges against Mirkarimi, as its definition of \"wrongful behavior\" is now broad. The applicable section reads...\u003c/p>\n\u003cblockquote>\u003cp>Official misconduct means any wrongful behavior by a public officer in relation to the duties of his or her office, willful in its character, including any failure, refusal or neglect of an officer to perform any duty enjoined on him or her by law, or conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers and including any violation of a specific conflict of interest or governmental ethics law.\u003c/p>\n\u003cp>When any City law provides that a violation of the law constitutes or is deemed official misconduct, the conduct is covered by this definition and may subject the person to discipline and/or removal from office.\u003c/p>\u003c/blockquote>\n\u003cp>Keane says such a liberal definition of misconduct will not work to Mirkarimi's advantage in trying to defend himself. \"I think Mirkarimi will have a tough time trying to narrow that down, in terms of a defense that his activities did not constitute official misconduct,\" he said on KQED Public Radio's Forum show this week.\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Both Cook and Keane say gray areas in the process remain, despite the charter amendment. \"It's not certain to me in reading the charter that the ethics commission will be required to vote on the matter, or whether a positive vote is necessary for this to go to the board of supervisors,\" Cook told KQED's Cy Musiker.\u003c/p>\n\u003cp>\"The first thing that has to be done by the Ethics Commission is to determine what their procedures will be,\" said Keane. \"The last time this was done, in 1976, it was under a totally different set of rules. That's when Airport Commissioner Joe Mazzola was removed by Mayor George Moscone. It was run just like a trial and it turned out to be a circus. I think the commissioners will try to set some sort of procedures so it doesn't deteriorate into something like that. If the committee wants to really cut to the chase and avoid a lot of proceedings, what they could do is put in evidence the record of conviction for false imprisonment that Mirkarimi pled guilty to and make a finding that the plea in itself amounts to the kind of conduct that falls below the standards of 'decency and good faith and right action.' That would be a quick and easy procedure in going forward.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfethics.org/ethics/2009/05/commission-members.html\">five commissioners\u003c/a> on the board are:\u003c/p>\n\u003cul>\n\u003cli>Beverly Hayon, Commissioner, appointed by the mayor\u003c/li>\n\u003cli>Benedict Hur, Chair, appointed by the assessor\u003c/li>\n\u003cli>Dorothy Liu, Commissioner, appointed by the board of supervisors\u003c/li>\n\u003cli>Paul Renne, Commissioner, appointed by the district attorney\u003c/li>\n\u003cli>Jamienne Studley, Vice Chair, appointed by the city attorney\u003c/li>\n\u003c/ul>\n\u003cp>After the commission holds a hearing, it's required to make a recommendation to the Board of Supervisors. The supes, said Cook, will be in a difficult position.\u003c/p>\n\u003cp>\"Mirkarimi has a lot of political and personal allies on the board. This will pose a challenge to other progressives like Mirkarimi, who is the only progressive citywide elected leader. They'll be under a lot of pressure from constituents who are both angered by the charges and others who want to keep him around.\u003c/p>\n\u003cp>\"This is a no-win politically. The allegations are very strong and disturbing to anyone who lives in the city. It's hard for progressives on the board to try to defend that behavior. Do they try to make the argument that these don’t rise to the standard of official misconduct? And how much political capital are they willing to expend?\"\u003c/p>\n\u003cp>Keane agrees the circumstances surrounding the case will not help the now-suspended sheriff. \"San Francisco is a place that has tremendous consciousness and sympathy toward victims of domestic abuse, as opposed to maybe some other areas of the country where it's seen as a family or private matter. The empathy for domestic violence victims has been part of the furor that has resulted in Mirkarimi's being brought to where he is now.\"\u003c/p>\n\u003cp>Cook thinks Mirkarimi's former colleagues will try to avoid a moment of truth. \"There will be a lot of pressure on Mirkarimi to resign so it doesn’t come to a vote,\" he said. \"There are a lot of folks who want to avoid relitigating this in the public eye. I think there are a lot of details that will be embarrassing for the city let alone for Mirkarimi.\"\u003c/p>\n\u003cp>Whatever the case against Mirkarimi, getting to nine votes on the board may be a tall order.\u003c/p>\n\u003cp>\"It's going to be a challenge,\" said Cook.\u003c/p>\n\u003cp>\"That's going to be difficult,\" said Keane.\u003c/p>\n\u003cp>Yet, as Melissa Griffin \u003ca href=\"http://www.sfexaminer.com/local/2012/03/mirkarimi-s-problems-may-affect-progressives\">writes in the Examiner\u003c/a> today, \"progressive supervisors John Avalos, David Campos, David Chiu, Eric Mar and Christina Olague will each be defending their seats this November.\" Anti-domestic violence advocates have made it clear time and again they intend on seeing the Mirkarimi case through to what they feel should be a natural conclusion of his removal from office; they're sure to put the pressure on those up for reelection as the process moves forward. And in what can't be a good sign for Mirkarimi, former supervisor, fellow prog, and Democratic County Central Committee Chair Aaron Peskin called on him to resign this week.\u003c/p>\n\u003cp>A \u003ca href=\"http://sanfrancisco.cbslocal.com/2012/03/21/cbs-5-poll-sf-wants-mirkarimi-out-as-sheriff/\">KCBS poll\u003c/a> released Wednesday found that 72 percent of respondents think Mirkarimi should resign, and 67 percent think he should be removed if he won't go voluntarily. When those figures were cited by a reporter to Mirkarimi at a Q&A this week, he said, \"I haven't really had a chance to tell my story...\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>He may get his chance -- in official proceedings -- soon.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_60288\" class=\"wp-caption alignright\" style=\"max-width: 169px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar192.jpg\">\u003cimg class=\"size-medium wp-image-60288\" title=\"mirkarimi2postsentencemar19\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar192-225x300.jpg\" alt=\"\" width=\"169\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi after his Mar 19 sentencing (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The city's Ethics Commission is expected to begin hearings on the suspension and possible removal of Sheriff Ross Mirkarimi, submitted by Mayor Ed Lee, next month. The proceedings will not only be open to public comment but they'll also be televised, you'll be happy to know.\u003c/p>\n\u003cp>The commission will use the proceedings to decide whether to pass the case on to the Board of Supervisors, who will then determine whether to oust the sheriff from office. But that will only happen if nine of 11 supervisors vote for removal.\u003c/p>\n\u003cp>The charges against Mirkarimi stem from his pleading guilty to charges of false imprisonment connected to a New Year's Eve fight with his wife, Eliana Lopez.\u003c/p>\n\u003cp>Both University of San Francisco political science professor Corey Cook and Golden Gate University Law School Professor Peter Keane, frequent observers of the city's political scene, say an amended city charter has made it much easier for Mayor Ed Lee to bring misconduct charges against Mirkarimi, as its definition of \"wrongful behavior\" is now broad. The applicable section reads...\u003c/p>\n\u003cblockquote>\u003cp>Official misconduct means any wrongful behavior by a public officer in relation to the duties of his or her office, willful in its character, including any failure, refusal or neglect of an officer to perform any duty enjoined on him or her by law, or conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers and including any violation of a specific conflict of interest or governmental ethics law.\u003c/p>\n\u003cp>When any City law provides that a violation of the law constitutes or is deemed official misconduct, the conduct is covered by this definition and may subject the person to discipline and/or removal from office.\u003c/p>\u003c/blockquote>\n\u003cp>Keane says such a liberal definition of misconduct will not work to Mirkarimi's advantage in trying to defend himself. \"I think Mirkarimi will have a tough time trying to narrow that down, in terms of a defense that his activities did not constitute official misconduct,\" he said on KQED Public Radio's Forum show this week.\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Both Cook and Keane say gray areas in the process remain, despite the charter amendment. \"It's not certain to me in reading the charter that the ethics commission will be required to vote on the matter, or whether a positive vote is necessary for this to go to the board of supervisors,\" Cook told KQED's Cy Musiker.\u003c/p>\n\u003cp>\"The first thing that has to be done by the Ethics Commission is to determine what their procedures will be,\" said Keane. \"The last time this was done, in 1976, it was under a totally different set of rules. That's when Airport Commissioner Joe Mazzola was removed by Mayor George Moscone. It was run just like a trial and it turned out to be a circus. I think the commissioners will try to set some sort of procedures so it doesn't deteriorate into something like that. If the committee wants to really cut to the chase and avoid a lot of proceedings, what they could do is put in evidence the record of conviction for false imprisonment that Mirkarimi pled guilty to and make a finding that the plea in itself amounts to the kind of conduct that falls below the standards of 'decency and good faith and right action.' That would be a quick and easy procedure in going forward.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfethics.org/ethics/2009/05/commission-members.html\">five commissioners\u003c/a> on the board are:\u003c/p>\n\u003cul>\n\u003cli>Beverly Hayon, Commissioner, appointed by the mayor\u003c/li>\n\u003cli>Benedict Hur, Chair, appointed by the assessor\u003c/li>\n\u003cli>Dorothy Liu, Commissioner, appointed by the board of supervisors\u003c/li>\n\u003cli>Paul Renne, Commissioner, appointed by the district attorney\u003c/li>\n\u003cli>Jamienne Studley, Vice Chair, appointed by the city attorney\u003c/li>\n\u003c/ul>\n\u003cp>After the commission holds a hearing, it's required to make a recommendation to the Board of Supervisors. The supes, said Cook, will be in a difficult position.\u003c/p>\n\u003cp>\"Mirkarimi has a lot of political and personal allies on the board. This will pose a challenge to other progressives like Mirkarimi, who is the only progressive citywide elected leader. They'll be under a lot of pressure from constituents who are both angered by the charges and others who want to keep him around.\u003c/p>\n\u003cp>\"This is a no-win politically. The allegations are very strong and disturbing to anyone who lives in the city. It's hard for progressives on the board to try to defend that behavior. Do they try to make the argument that these don’t rise to the standard of official misconduct? And how much political capital are they willing to expend?\"\u003c/p>\n\u003cp>Keane agrees the circumstances surrounding the case will not help the now-suspended sheriff. \"San Francisco is a place that has tremendous consciousness and sympathy toward victims of domestic abuse, as opposed to maybe some other areas of the country where it's seen as a family or private matter. The empathy for domestic violence victims has been part of the furor that has resulted in Mirkarimi's being brought to where he is now.\"\u003c/p>\n\u003cp>Cook thinks Mirkarimi's former colleagues will try to avoid a moment of truth. \"There will be a lot of pressure on Mirkarimi to resign so it doesn’t come to a vote,\" he said. \"There are a lot of folks who want to avoid relitigating this in the public eye. I think there are a lot of details that will be embarrassing for the city let alone for Mirkarimi.\"\u003c/p>\n\u003cp>Whatever the case against Mirkarimi, getting to nine votes on the board may be a tall order.\u003c/p>\n\u003cp>\"It's going to be a challenge,\" said Cook.\u003c/p>\n\u003cp>\"That's going to be difficult,\" said Keane.\u003c/p>\n\u003cp>Yet, as Melissa Griffin \u003ca href=\"http://www.sfexaminer.com/local/2012/03/mirkarimi-s-problems-may-affect-progressives\">writes in the Examiner\u003c/a> today, \"progressive supervisors John Avalos, David Campos, David Chiu, Eric Mar and Christina Olague will each be defending their seats this November.\" Anti-domestic violence advocates have made it clear time and again they intend on seeing the Mirkarimi case through to what they feel should be a natural conclusion of his removal from office; they're sure to put the pressure on those up for reelection as the process moves forward. And in what can't be a good sign for Mirkarimi, former supervisor, fellow prog, and Democratic County Central Committee Chair Aaron Peskin called on him to resign this week.\u003c/p>\n\u003cp>A \u003ca href=\"http://sanfrancisco.cbslocal.com/2012/03/21/cbs-5-poll-sf-wants-mirkarimi-out-as-sheriff/\">KCBS poll\u003c/a> released Wednesday found that 72 percent of respondents think Mirkarimi should resign, and 67 percent think he should be removed if he won't go voluntarily. When those figures were cited by a reporter to Mirkarimi at a Q&A this week, he said, \"I haven't really had a chance to tell my story...\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He may get his chance -- in official proceedings -- soon.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The San Francisco Office of the City Attorney has made available the suspension documents served to Ross Mirkarimi today. The \u003ca href=\"http://www.sfcityattorney.org/index.aspx?page=404\">documents have also been posted\u003c/a> on the City Attorney's web site.\u003c/p>\n\u003cp>\"Dear Sheriff Mirkarimi\" Ed Lee's official letter starts. After that, it's not so friendly. Lee informs Mirkarimi that \"I am immediately suspending you without pay from the Office of Sheriff on grounds of official misconduct... Sincerely, Edwin M. Lee, Mayor.\"\u003c/p>\n\u003cp>At least he didn't write \"best wishes\"...\u003c/p>\n\u003cp>Political science professor and analyst Corey Cook outlined the removal process yesterday to KQED's Cy Musiker. \"The city charter, which was amended in 2003, gives the mayor authority to bring charges against officeholders for official misconduct, which is defined very broadly,\" Cook said. \"The charter gives the mayor the ability to suspend and to bring charges that will ultimately go through the Ethics Commission and the Board of Supervisors. If nine of the 11 supervisors vote to remove him he'll be removed.\"\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ca title=\"View Sheriff Suspension Charges on Scribd\" href=\"http://www.scribd.com/doc/86265671/Sheriff-Suspension-Charges\">Mirkarimi suspension documents\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/86265671/content?start_page=1&view_mode=list&access_key=key-hwnr7n5gkti8h5dzgm9\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Also sent out: Sec. 15.105 of the city charter, which spells out the suspension and removal process:\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ca title=\"View Charter 15 on Scribd\" href=\"http://www.scribd.com/doc/86265377/Charter-15\">Suspension process in the city charter\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/86265377/content?start_page=1&view_mode=list&access_key=key-49sokqv86b7szklg7th\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Office of the City Attorney has made available the suspension documents served to Ross Mirkarimi today. The \u003ca href=\"http://www.sfcityattorney.org/index.aspx?page=404\">documents have also been posted\u003c/a> on the City Attorney's web site.\u003c/p>\n\u003cp>\"Dear Sheriff Mirkarimi\" Ed Lee's official letter starts. After that, it's not so friendly. Lee informs Mirkarimi that \"I am immediately suspending you without pay from the Office of Sheriff on grounds of official misconduct... Sincerely, Edwin M. Lee, Mayor.\"\u003c/p>\n\u003cp>At least he didn't write \"best wishes\"...\u003c/p>\n\u003cp>Political science professor and analyst Corey Cook outlined the removal process yesterday to KQED's Cy Musiker. \"The city charter, which was amended in 2003, gives the mayor authority to bring charges against officeholders for official misconduct, which is defined very broadly,\" Cook said. \"The charter gives the mayor the ability to suspend and to bring charges that will ultimately go through the Ethics Commission and the Board of Supervisors. If nine of the 11 supervisors vote to remove him he'll be removed.\"\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ca title=\"View Sheriff Suspension Charges on Scribd\" href=\"http://www.scribd.com/doc/86265671/Sheriff-Suspension-Charges\">Mirkarimi suspension documents\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/86265671/content?start_page=1&view_mode=list&access_key=key-hwnr7n5gkti8h5dzgm9\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Tuesday was a day of high political drama, as Mayor Ed Lee gave Sheriff Ross Mirkarimi until late afternoon to resign or face official misconduct charges and suspension over his guilty plea in the domestic violence incident with his wife. \u003c/p>\n\u003cp>Mirkarimi didn’t blink, and neither did Lee. From the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/21/MN601NNOM4.DTL\">Chronicle\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Mayor Ed Lee will move to oust Sheriff Ross Mirkarimi from office for official misconduct over a domestic violence incident, a decision that could spell the end to Mirkarimi’s political career.\u003c/p>\n\u003cp>Once Mirkarimi is formally served with the misconduct charges today, he will be suspended from office immediately, without pay, after less than three months on the job.\u003c/p>\n\u003c/blockquote>\n\u003cp>Watch both Mirkarimi’s announcement that he wasn’t doing any resigning, and Lee’s soon after that he was moving to oust the sheriff from office and was appointing \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/MNM11NNR7G.DTL\">Vicki Hennessy\u003c/a>, the former Chief Deputy Sheriff, as interim sheriff.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cfigure id=\"attachment_60088\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/edleemirkarimi-blog.jpg\">\u003cimg class=\"size-medium wp-image-60088\" title=\"edleemirkarimi-blog\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/edleemirkarimi-blog-200x300.jpg\" alt=\"Mayor Ed Lee (center) announces that he will file misconduct charges against Sheriff Ross Mirkarimi and appoints Vicki Hennessy (left) as interim sheriff. (Mina Kim/KQED)\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mayor Ed Lee (center) announces that he will file misconduct charges against Sheriff Ross Mirkarimi and appointed Vicki Hennessy (left) as interim sheriff. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 5:01 p.m.\u003c/strong>Mayor Ed Lee announced at a press conference Tuesday afternoon that he will serve Sheriff Ross Mirkarimi with misconduct charges Wednesday morning.\u003c/p>\n\u003cp>\"He has chosen not to resign and now I must act,\" said Lee. \"As public officials our first responsibility must always be to fulfill the obligations entrusted to us by the people of San Francisco, and we must always be held to the highest ethical and legal standards. Sheriff Mirkarimi's actions and confession of guilt clearly falls below these standards of decency and good faith rightly required of all public officials.\"\u003c/p>\n\u003cp>The official misconduct charges force an investigation by the city's Ethics Commission, and the sheriff's immediate suspension.\u003c/p>\n\u003cp>At the press conference Lee appointed Vicki Hennessy as interim sheriff. Hennessy is the former director of San Francisco's Department of Emergency Management and a former chief deputy in the Sheriff's Department.\u003c/p>\n\u003cp>The city's charter broadly defines official misconduct, says Corey Cook, Director of the Leo T. McCarthy Center for Public Service and the Common Good ans associate professor at the University of San Francisco.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It very explicitly includes things that do not have to do with one's conduct as an official, ethics and moral charges are part of the conduct,\" says Cook.\u003c/p>\n\u003cp>While the first steps of a misconduct hearing are well defined in the city charter, what role the Ethics Commission plays is unclear, says Cook. The city charter does not define what the commission does once it has heard the case. In any case, nine out of 11 Supervisors would have to vote to oust Mirkarimi.\u003c/p>\n\u003cp>\u003cstrong>Update 4:31 p.m.\u003c/strong> At a press conference Mirkarimi announced that he will not resign: \"I believe that I am still very able to be the sheriff of San Francisco and at this time I do not plan to resign.\"\u003c/p>\n\u003cp>Mirkarimi said that his behavior does not constitute \"official misconduct,\" and that he looks forward to making his case before the city's Ethics Commission.\u003c/p>\n\u003cp>\"I feel that we're even more prepared,\" said Mirkarimi. \"I look forward to that process, because if you keep in mind, I still have never told our story.\"\u003c/p>\n\u003cp>\u003cstrong>Update 3:40 p.m.\u003c/strong> Mirkarimi's lawyer Lidia Stiglich told the AP that he will not resign. Mirkarimi will make a statement in 30 minutes.\u003c/p>\n\u003cp>\u003cstrong>Update 1:03 p.m.\u003c/strong> The clock is ticking on Sheriff Ross Mirkarimi.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2012/03/20/live-eliana-lopezs-attorney-speaks/#twitter\">\u003cstrong>Mirkarimi coverage on Twitter\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>The Chronicle and other news orgs are reporting that \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/BAKP1NNI9F.DTL&tsp=1\">Mayor Ed Lee has given Mirkarimi until \u003cdel datetime=\"2012-03-20T20:56:29+00:00\">4 p.m.\u003c/del> to resign\u003c/a> (Update: Rachel Gordon at the Chron \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/BAKP1NNI9F.DTL&tsp=1\">now says 5 p.m.\u003c/a>) or face an official misconduct charge resulting in an immediate suspension. That could be followed by an attempt to remove him from office through a tortured city administrative process applicable to accused ethics violators.\u003c/p>\n\u003cp>KCBS's Doug Sovern is \u003ca href=\"https://twitter.com/#!/SovernNation/status/182194867169009664\">tweeting\u003c/a> that Mirkarimi will respond \"shortly\" to the mayor's ultimatum.\u003c/p>\n\u003cp>Earlier today, all San Francisco hell broke loose as Mikarimi's wife, Eliana Lopez, no-showed at her scheduled presser, with her attorney Paula Canny speaking in her place just as news of Lee's ultimatum was breaking all around.\u003c/p>\n\u003cp>Canny said the reason her client didn't show was because of the \"disconcerting nature\" of an \u003ca href=\"http://ww2.kqed.org/news/2012/03/20/ivory-madisons-husband-calls-for-mirkarimi-to-resign-in-scathing-editorial/\">editorial\u003c/a> that appeared in the Chronicle today by Abraham Mertens, Ivory Madison's husband. In the piece, Mertens accused Lopez of illegal conduct in the form of Lopez's trying to get her to destroy evidence. Canny says Lopez denies those accusations and has retained an additional attorney.\u003c/p>\n\u003cp>Canny said she herself has retained an attorney as well. She said she has received a cease and desist letter from Madison's lawyers asking for Canny to retract the arguments she made in court asserting that communications between Lopez and Madison were subject to attorney-client privilege, motions that were denied.\u003c/p>\n\u003cp>Canny also questioned the legality under which Lee can invoke the city administrative process to have Mirkarimi removed.\u003c/p>\n\u003cp>Lee is expected to make an announcement about all -- or some -- of this in the late afternoon.\u003c/p>\n\u003cp>\u003cstrong>Update 2:20 p.m.\u003c/strong> This \u003ca href=\"http://blogs.sfweekly.com/thesnitch/2012/03/ross_mirkarimi_ultimatum.php\">analysis by SF Weekly's Joe Eskenazi\u003c/a> says Mirkarimi shouldn't count on support from fellow progressives should he decide to duke it out with Lee:\u003c/p>\n\u003cblockquote>\u003cp>Our messages for the sheriff have not yet been returned. But if he's looking for support from progressive stalwarts, he's not going to get it. Former Board President and current county Democratic Party chairman Aaron Peskin refused to comment on Mirkarimi's plight. But he did say that if the sheriff didn't resign by end of business today Peskin would be putting out a statement on the matter.\u003c/p>\n\u003cp>It stands to reason that this statement would be a call for Mirkarimi to cut his losses and step aside.\u003c/p>\n\u003cp>SF Weekly contacted several city progressive movers and shakers. None felt Mirkarimi would be doing anyone any good by sticking around. He's not helping himself, and he's not helping progressives. If Supervisors Eric Mar, John Avalos, and David Campos were politically unambitious or termed out, that'd be one thing. But they're not, and they're not -- and domestic violence groups are putting up anti-Mirkarimi billboards, in Spanish, in Campos' district.\u003c/p>\u003c/blockquote>\n\u003cp>KQED's Ian Hill is watching the Mirkarimi Twitter coverage and posting the best stuff below. Click on the play button to activate the feed...\u003c/p>\n\u003cp>\u003ca name=\"twitter\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=185b3352ac/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470px\" height=\"550px\">\u003c/iframe>\u003c/p>\n\n",
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"description": "Update 5:01 p.m.Mayor Ed Lee announced at a press conference Tuesday afternoon that he will serve Sheriff Ross Mirkarimi with misconduct charges Wednesday morning. "He has chosen not to resign and now I must act," said Lee. "As public officials our first responsibility must always be to fulfill the obligations entrusted to us by the",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_60088\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/edleemirkarimi-blog.jpg\">\u003cimg class=\"size-medium wp-image-60088\" title=\"edleemirkarimi-blog\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/edleemirkarimi-blog-200x300.jpg\" alt=\"Mayor Ed Lee (center) announces that he will file misconduct charges against Sheriff Ross Mirkarimi and appoints Vicki Hennessy (left) as interim sheriff. (Mina Kim/KQED)\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mayor Ed Lee (center) announces that he will file misconduct charges against Sheriff Ross Mirkarimi and appointed Vicki Hennessy (left) as interim sheriff. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 5:01 p.m.\u003c/strong>Mayor Ed Lee announced at a press conference Tuesday afternoon that he will serve Sheriff Ross Mirkarimi with misconduct charges Wednesday morning.\u003c/p>\n\u003cp>\"He has chosen not to resign and now I must act,\" said Lee. \"As public officials our first responsibility must always be to fulfill the obligations entrusted to us by the people of San Francisco, and we must always be held to the highest ethical and legal standards. Sheriff Mirkarimi's actions and confession of guilt clearly falls below these standards of decency and good faith rightly required of all public officials.\"\u003c/p>\n\u003cp>The official misconduct charges force an investigation by the city's Ethics Commission, and the sheriff's immediate suspension.\u003c/p>\n\u003cp>At the press conference Lee appointed Vicki Hennessy as interim sheriff. Hennessy is the former director of San Francisco's Department of Emergency Management and a former chief deputy in the Sheriff's Department.\u003c/p>\n\u003cp>The city's charter broadly defines official misconduct, says Corey Cook, Director of the Leo T. McCarthy Center for Public Service and the Common Good ans associate professor at the University of San Francisco.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It very explicitly includes things that do not have to do with one's conduct as an official, ethics and moral charges are part of the conduct,\" says Cook.\u003c/p>\n\u003cp>While the first steps of a misconduct hearing are well defined in the city charter, what role the Ethics Commission plays is unclear, says Cook. The city charter does not define what the commission does once it has heard the case. In any case, nine out of 11 Supervisors would have to vote to oust Mirkarimi.\u003c/p>\n\u003cp>\u003cstrong>Update 4:31 p.m.\u003c/strong> At a press conference Mirkarimi announced that he will not resign: \"I believe that I am still very able to be the sheriff of San Francisco and at this time I do not plan to resign.\"\u003c/p>\n\u003cp>Mirkarimi said that his behavior does not constitute \"official misconduct,\" and that he looks forward to making his case before the city's Ethics Commission.\u003c/p>\n\u003cp>\"I feel that we're even more prepared,\" said Mirkarimi. \"I look forward to that process, because if you keep in mind, I still have never told our story.\"\u003c/p>\n\u003cp>\u003cstrong>Update 3:40 p.m.\u003c/strong> Mirkarimi's lawyer Lidia Stiglich told the AP that he will not resign. Mirkarimi will make a statement in 30 minutes.\u003c/p>\n\u003cp>\u003cstrong>Update 1:03 p.m.\u003c/strong> The clock is ticking on Sheriff Ross Mirkarimi.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2012/03/20/live-eliana-lopezs-attorney-speaks/#twitter\">\u003cstrong>Mirkarimi coverage on Twitter\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>The Chronicle and other news orgs are reporting that \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/BAKP1NNI9F.DTL&tsp=1\">Mayor Ed Lee has given Mirkarimi until \u003cdel datetime=\"2012-03-20T20:56:29+00:00\">4 p.m.\u003c/del> to resign\u003c/a> (Update: Rachel Gordon at the Chron \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/BAKP1NNI9F.DTL&tsp=1\">now says 5 p.m.\u003c/a>) or face an official misconduct charge resulting in an immediate suspension. That could be followed by an attempt to remove him from office through a tortured city administrative process applicable to accused ethics violators.\u003c/p>\n\u003cp>KCBS's Doug Sovern is \u003ca href=\"https://twitter.com/#!/SovernNation/status/182194867169009664\">tweeting\u003c/a> that Mirkarimi will respond \"shortly\" to the mayor's ultimatum.\u003c/p>\n\u003cp>Earlier today, all San Francisco hell broke loose as Mikarimi's wife, Eliana Lopez, no-showed at her scheduled presser, with her attorney Paula Canny speaking in her place just as news of Lee's ultimatum was breaking all around.\u003c/p>\n\u003cp>Canny said the reason her client didn't show was because of the \"disconcerting nature\" of an \u003ca href=\"http://ww2.kqed.org/news/2012/03/20/ivory-madisons-husband-calls-for-mirkarimi-to-resign-in-scathing-editorial/\">editorial\u003c/a> that appeared in the Chronicle today by Abraham Mertens, Ivory Madison's husband. In the piece, Mertens accused Lopez of illegal conduct in the form of Lopez's trying to get her to destroy evidence. Canny says Lopez denies those accusations and has retained an additional attorney.\u003c/p>\n\u003cp>Canny said she herself has retained an attorney as well. She said she has received a cease and desist letter from Madison's lawyers asking for Canny to retract the arguments she made in court asserting that communications between Lopez and Madison were subject to attorney-client privilege, motions that were denied.\u003c/p>\n\u003cp>Canny also questioned the legality under which Lee can invoke the city administrative process to have Mirkarimi removed.\u003c/p>\n\u003cp>Lee is expected to make an announcement about all -- or some -- of this in the late afternoon.\u003c/p>\n\u003cp>\u003cstrong>Update 2:20 p.m.\u003c/strong> This \u003ca href=\"http://blogs.sfweekly.com/thesnitch/2012/03/ross_mirkarimi_ultimatum.php\">analysis by SF Weekly's Joe Eskenazi\u003c/a> says Mirkarimi shouldn't count on support from fellow progressives should he decide to duke it out with Lee:\u003c/p>\n\u003cblockquote>\u003cp>Our messages for the sheriff have not yet been returned. But if he's looking for support from progressive stalwarts, he's not going to get it. Former Board President and current county Democratic Party chairman Aaron Peskin refused to comment on Mirkarimi's plight. But he did say that if the sheriff didn't resign by end of business today Peskin would be putting out a statement on the matter.\u003c/p>\n\u003cp>It stands to reason that this statement would be a call for Mirkarimi to cut his losses and step aside.\u003c/p>\n\u003cp>SF Weekly contacted several city progressive movers and shakers. None felt Mirkarimi would be doing anyone any good by sticking around. He's not helping himself, and he's not helping progressives. If Supervisors Eric Mar, John Avalos, and David Campos were politically unambitious or termed out, that'd be one thing. But they're not, and they're not -- and domestic violence groups are putting up anti-Mirkarimi billboards, in Spanish, in Campos' district.\u003c/p>\u003c/blockquote>\n\u003cp>KQED's Ian Hill is watching the Mirkarimi Twitter coverage and posting the best stuff below. Click on the play button to activate the feed...\u003c/p>\n\u003cp>\u003ca name=\"twitter\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=185b3352ac/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470px\" height=\"550px\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Ivory Madison's Husband Calls For Mirkarimi to Resign in Scathing Editorial",
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"content": "\u003cp>\u003cstrong>Update 12:30 p.m.\u003c/strong> Various news organizations are reporting that \u003ca href=\"http://ww2.kqed.org/news/2012/03/20/live-eliana-lopezs-attorney-speaks/\">\u003cstrong>Ed Lee has given Ross Mirkarimi 24 hours to resign\u003c/strong>\u003c/a> or he'll face an immediate suspension and possible removal proceedings. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: Ed Lee's office says the mayor will address the media on the Mirkarimi case in the late afternoon. \u003c/p>\n\u003cp>The husband of Ivory Madison, the neighbor of Ross Mirkarimi and Eliana Lopez who handed over to police video evidence used in the criminal case against Mirkarimi, has written an \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/EDUC1NN1L0.DTL\">\u003cstrong>editorial in today's Chronicle\u003c/strong>\u003c/a> calling on Mirkarimi to \"resign immediately.\" Some choice bits, written by Abraham Mertens...\u003c/p>\n\u003cblockquote>\u003cp>Ross should...resign because it is an insult to his oath of office that, for the past two months, he paid a team of lawyers to relentlessly attempt to discredit, dissuade and harm my wife...\u003c/p>\n\u003cp>The last time I spoke to Eliana was when she called me on Jan. 4. I recognized what I thought was Ross' voice in the background as Eliana pressured me to destroy evidence and lie to the police. Then she repeatedly called Ivory, demanding that Ivory destroy the video, e-mail and texts from Eliana about the incident. I'm an attorney, but even if I were not, I would not destroy evidence, obstruct justice or lie to the police, and neither would my wife. Our criminal justice system can work only if most people follow the law and tell the truth to law enforcement.\u003c/p>\n\u003cp>After we refused to lie, Ross, Eliana and attorneys working for them attacked Ivory's character and motives. This included falsely accusing her of implausible criminal activity, such as being part of a vast political conspiracy to frame Ross, and practicing law without a license. They subpoenaed our confidential business and personal correspondence and the phone records of our friends. Reporters told us that Ross's attorneys were trying to feed them stories almost every day.\u003c/p>\n\u003cp>Among other efforts to silence my wife, a dramatic letter was delivered to us demanding that she not testify and falsely claiming that she would be acting illegally if she did so. Attorney Paula Canny, who Ross recently admitted is being paid for by him and his \"legal defense fund,\" signed the letter. \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/EDUC1NN1L0.DTL\">\u003cstrong>Full editorial\u003c/strong>\u003c/a>\n\u003c/p>\u003c/blockquote>\n\u003cp>One of the original misdemeanor charges against Mirkarimi was \"dissuading a witness.\" That charge was dropped, along with two others, as part of a deal in which Mirkarimi agreed to plead guilty to one count of false imprisonment, for which he was sentenced to three years of probation yesterday. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As part of the deal, San Francisco District Attorney George Gascon also insisted that Mirkarimi apologize to Ivory Madison. \u003c/p>\n\u003cp>A cynic might say today's editorial is perfectly timed to coincide with Mayor Ed Lee's decisionmaking process on what to do about Mirkarimi. Lee's office said he was meeting with Mirkarimi yesterday. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Eliana Lopez is scheduled to make a statement on the case at noon. I imagine the accusations made in her neighbor's editorial will come up. KQED's Mina Kim will be there...\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 12:30 p.m.\u003c/strong> Various news organizations are reporting that \u003ca href=\"http://ww2.kqed.org/news/2012/03/20/live-eliana-lopezs-attorney-speaks/\">\u003cstrong>Ed Lee has given Ross Mirkarimi 24 hours to resign\u003c/strong>\u003c/a> or he'll face an immediate suspension and possible removal proceedings. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: Ed Lee's office says the mayor will address the media on the Mirkarimi case in the late afternoon. \u003c/p>\n\u003cp>The husband of Ivory Madison, the neighbor of Ross Mirkarimi and Eliana Lopez who handed over to police video evidence used in the criminal case against Mirkarimi, has written an \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/EDUC1NN1L0.DTL\">\u003cstrong>editorial in today's Chronicle\u003c/strong>\u003c/a> calling on Mirkarimi to \"resign immediately.\" Some choice bits, written by Abraham Mertens...\u003c/p>\n\u003cblockquote>\u003cp>Ross should...resign because it is an insult to his oath of office that, for the past two months, he paid a team of lawyers to relentlessly attempt to discredit, dissuade and harm my wife...\u003c/p>\n\u003cp>The last time I spoke to Eliana was when she called me on Jan. 4. I recognized what I thought was Ross' voice in the background as Eliana pressured me to destroy evidence and lie to the police. Then she repeatedly called Ivory, demanding that Ivory destroy the video, e-mail and texts from Eliana about the incident. I'm an attorney, but even if I were not, I would not destroy evidence, obstruct justice or lie to the police, and neither would my wife. Our criminal justice system can work only if most people follow the law and tell the truth to law enforcement.\u003c/p>\n\u003cp>After we refused to lie, Ross, Eliana and attorneys working for them attacked Ivory's character and motives. This included falsely accusing her of implausible criminal activity, such as being part of a vast political conspiracy to frame Ross, and practicing law without a license. They subpoenaed our confidential business and personal correspondence and the phone records of our friends. Reporters told us that Ross's attorneys were trying to feed them stories almost every day.\u003c/p>\n\u003cp>Among other efforts to silence my wife, a dramatic letter was delivered to us demanding that she not testify and falsely claiming that she would be acting illegally if she did so. Attorney Paula Canny, who Ross recently admitted is being paid for by him and his \"legal defense fund,\" signed the letter. \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/20/EDUC1NN1L0.DTL\">\u003cstrong>Full editorial\u003c/strong>\u003c/a>\n\u003c/p>\u003c/blockquote>\n\u003cp>One of the original misdemeanor charges against Mirkarimi was \"dissuading a witness.\" That charge was dropped, along with two others, as part of a deal in which Mirkarimi agreed to plead guilty to one count of false imprisonment, for which he was sentenced to three years of probation yesterday. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As part of the deal, San Francisco District Attorney George Gascon also insisted that Mirkarimi apologize to Ivory Madison. \u003c/p>\n\u003cp>A cynic might say today's editorial is perfectly timed to coincide with Mayor Ed Lee's decisionmaking process on what to do about Mirkarimi. Lee's office said he was meeting with Mirkarimi yesterday. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Eliana Lopez is scheduled to make a statement on the case at noon. I imagine the accusations made in her neighbor's editorial will come up. KQED's Mina Kim will be there...\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_59830\" class=\"wp-caption alignright\" style=\"max-width: 157px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar19.jpg\">\u003cimg class=\"alignright size-medium wp-image-59831\" title=\"mirkarimi2postsentencemar19\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar19-225x300.jpg\" alt=\"\" width=\"157\" height=\"193\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi addresses the media after his sentencing (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 2:28 p.m.\u003c/strong> A spokesman for Mayor Ed Lee tells KQED's Mina Kim that Lee and Mirkarimi are meeting today, and that Lee will \"hopefully\" make an announcement about his plans concerning Mirkarimi tomorrow.\u003c/p>\n\u003cp>\u003cem>Earlier post\u003c/em>\u003c/p>\n\u003cp>As expected, Ross Mirkarimi has been sentenced to the terms he agreed to in his plea deal. He received three years probation, will have to attend a year's worth of domestic-violence classes, do 100 hours of community service, and pay some court costs. He may also be required by his probation officer to take parenting classes.\u003c/p>\n\u003cp>Mirkarimi was also sentenced to one day in jail, for which he received credit for time already served.\u003c/p>\n\u003cp>Here's an audio extract of remarks Mirkarimi made to the media after the sentencing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimipostsentencecomments.mp\">\u003cstrong>Audio: Mirkarimi remarks after sentencing\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimipostsentencecomments.mp3|titles=mirkarimipostsentencecomments]\u003c/p>\n\u003cp>Here's a transcript. Mirkarimi's voice was cracking much of the time, and several times he sounded like he was on the verge of tears: \u003c/p>\n\u003cblockquote>\u003cp>I deeply and humbly apologize for my behavior and the pain it caused to my wife and son, to my colleagues, to the San Francisco Sheriff's dept, and to the people of San Francisco.\u003c/p>\n\u003cp>For what happened on Dec 31, there are no excuses, and I accept full responsiblity. \u003c/p>\n\u003cp>It is through my shame and the ordeal that I caused... (pause)...in not being able to see my wife, to only see my son on an average of two hours a day, and the very public reminder I am not the person that I thought I was, provides for a dark world where my flaws stand bright. Some time ago, I started counseling to address my arrogance and anger issues. I look forward to the additional counseling that I will be receiving and the couples counseling that my wife and I sought during this ordeal but was denied and hoping that we'll eventually undergo. \u003c/p>\n\u003cp>I so badly want to reunite with my family and rebuild with my wife. I cannot tell you how much I miss her; our intimacy, our laughter. My son, who is the light of my life, Theo, who is soon to be three years old, smarter than his years appear, asked me after our two-hour visit, when am I coming home. It puts things in perspective. I know how deeply I have let the people down. What happened shouldn't have happened, and I am eternally, deeply sorry...\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>This ultra mea culpa must have been good enough for San Francisco D.A. George Gascon. Last week Gascon said, in so many words, that \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/15/BAFK1NLCN2.DTL\">he was concerned about a lack of sincerity in Mirkarimi's plea bargain\u003c/a> because of comments he'd made publicly. After Mirkarimi's remarks today, Gascon said that Mirkarimi had assumed full responsibility and that he, Gascon, \"wanted to take him at his word.\" \u003c/p>\n\u003cp>The concern of anti-domestic violence advocates, however, has not been assuaged...\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp>Domestic Violence Consortium says \u003ca href=\"https://twitter.com/search/%2523Mirkarimi\">#Mirkarimi\u003c/a>'s tearful apology is \"too little too late,\" demands his resignation or removal from office\u003c/p>\n\u003cp>— Doug Sovern (@SovernNation) \u003ca href=\"https://twitter.com/SovernNation/status/181835679649628160\">March 19, 2012\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Last week, the executive director of La Casa le las Madres Kathy Black told KQED's Mina Kim that \"now that it's gone through the justice system, it needs to go through the political system, through the mayor's office,to be looked at to see whether it should go to the ethics commission.\"\u003c/p>\n\u003cp>Another advocate, Minouche Kandel, who works on domestic violence cases for Bay Area Legal Aid, said she thinks Mirkarimi should step down. \"This is not the end of the story. This resolves the criminal case, but I think it remains troubling for the sheriff's department to be led by a person convicted of falsely imprisoning his wife -- the primary purpose for the sheriff's department is to imprison people, and here you have someone who's been convicted of false imprisonment.\u003c/p>\n\u003cp>Mayor Ed Lee has said he will make a decision as to \"what options are available\" to him under the City Charter after the sentencing. Those options presumably include suspending Mirkarimi for ethics violations and trying to have him removed from office, a messy process that would entail transforming the Board of Supervisors into a quasi-court to render judgment.\u003c/p>\n\u003cp>So now all eyes are on Lee, and Mirkarimi, apparently, is not going to take him off the hook by voluntarily stepping down...\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Attorney for SF Sheriff says \u003ca href=\"https://twitter.com/search/%2523Mirkarimi\">#Mirkarimi\u003c/a> isn't even considering resigning, despite false imprisonment conviction. Awaiting DA's reaction\u003c/p>\n\u003cp>— Doug Sovern (@SovernNation) \u003ca href=\"https://twitter.com/SovernNation/status/181820069519691776\">March 19, 2012\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>More on the political aspects from Sunday's Chronicle:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/18/MNR51NKVVH.DTL\">Mirkarimi case a political minefield for S.F. pols\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/18/BA5M1NLKGV.DTL\">Ed Lee facing moment of truth in Mirkarimi case\u003c/a> (Willie Brown)\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_59830\" class=\"wp-caption alignright\" style=\"max-width: 157px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar19.jpg\">\u003cimg class=\"alignright size-medium wp-image-59831\" title=\"mirkarimi2postsentencemar19\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi2postsentencemar19-225x300.jpg\" alt=\"\" width=\"157\" height=\"193\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi addresses the media after his sentencing (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 2:28 p.m.\u003c/strong> A spokesman for Mayor Ed Lee tells KQED's Mina Kim that Lee and Mirkarimi are meeting today, and that Lee will \"hopefully\" make an announcement about his plans concerning Mirkarimi tomorrow.\u003c/p>\n\u003cp>\u003cem>Earlier post\u003c/em>\u003c/p>\n\u003cp>As expected, Ross Mirkarimi has been sentenced to the terms he agreed to in his plea deal. He received three years probation, will have to attend a year's worth of domestic-violence classes, do 100 hours of community service, and pay some court costs. He may also be required by his probation officer to take parenting classes.\u003c/p>\n\u003cp>Mirkarimi was also sentenced to one day in jail, for which he received credit for time already served.\u003c/p>\n\u003cp>Here's an audio extract of remarks Mirkarimi made to the media after the sentencing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Here's a transcript. Mirkarimi's voice was cracking much of the time, and several times he sounded like he was on the verge of tears: \u003c/p>\n\u003cblockquote>\u003cp>I deeply and humbly apologize for my behavior and the pain it caused to my wife and son, to my colleagues, to the San Francisco Sheriff's dept, and to the people of San Francisco.\u003c/p>\n\u003cp>For what happened on Dec 31, there are no excuses, and I accept full responsiblity. \u003c/p>\n\u003cp>It is through my shame and the ordeal that I caused... (pause)...in not being able to see my wife, to only see my son on an average of two hours a day, and the very public reminder I am not the person that I thought I was, provides for a dark world where my flaws stand bright. Some time ago, I started counseling to address my arrogance and anger issues. I look forward to the additional counseling that I will be receiving and the couples counseling that my wife and I sought during this ordeal but was denied and hoping that we'll eventually undergo. \u003c/p>\n\u003cp>I so badly want to reunite with my family and rebuild with my wife. I cannot tell you how much I miss her; our intimacy, our laughter. My son, who is the light of my life, Theo, who is soon to be three years old, smarter than his years appear, asked me after our two-hour visit, when am I coming home. It puts things in perspective. I know how deeply I have let the people down. What happened shouldn't have happened, and I am eternally, deeply sorry...\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>This ultra mea culpa must have been good enough for San Francisco D.A. George Gascon. Last week Gascon said, in so many words, that \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/15/BAFK1NLCN2.DTL\">he was concerned about a lack of sincerity in Mirkarimi's plea bargain\u003c/a> because of comments he'd made publicly. After Mirkarimi's remarks today, Gascon said that Mirkarimi had assumed full responsibility and that he, Gascon, \"wanted to take him at his word.\" \u003c/p>\n\u003cp>The concern of anti-domestic violence advocates, however, has not been assuaged...\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp>Domestic Violence Consortium says \u003ca href=\"https://twitter.com/search/%2523Mirkarimi\">#Mirkarimi\u003c/a>'s tearful apology is \"too little too late,\" demands his resignation or removal from office\u003c/p>\n\u003cp>— Doug Sovern (@SovernNation) \u003ca href=\"https://twitter.com/SovernNation/status/181835679649628160\">March 19, 2012\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Last week, the executive director of La Casa le las Madres Kathy Black told KQED's Mina Kim that \"now that it's gone through the justice system, it needs to go through the political system, through the mayor's office,to be looked at to see whether it should go to the ethics commission.\"\u003c/p>\n\u003cp>Another advocate, Minouche Kandel, who works on domestic violence cases for Bay Area Legal Aid, said she thinks Mirkarimi should step down. \"This is not the end of the story. This resolves the criminal case, but I think it remains troubling for the sheriff's department to be led by a person convicted of falsely imprisoning his wife -- the primary purpose for the sheriff's department is to imprison people, and here you have someone who's been convicted of false imprisonment.\u003c/p>\n\u003cp>Mayor Ed Lee has said he will make a decision as to \"what options are available\" to him under the City Charter after the sentencing. Those options presumably include suspending Mirkarimi for ethics violations and trying to have him removed from office, a messy process that would entail transforming the Board of Supervisors into a quasi-court to render judgment.\u003c/p>\n\u003cp>So now all eyes are on Lee, and Mirkarimi, apparently, is not going to take him off the hook by voluntarily stepping down...\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Attorney for SF Sheriff says \u003ca href=\"https://twitter.com/search/%2523Mirkarimi\">#Mirkarimi\u003c/a> isn't even considering resigning, despite false imprisonment conviction. Awaiting DA's reaction\u003c/p>\n\u003cp>— Doug Sovern (@SovernNation) \u003ca href=\"https://twitter.com/SovernNation/status/181820069519691776\">March 19, 2012\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>More on the political aspects from Sunday's Chronicle:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/18/MNR51NKVVH.DTL\">Mirkarimi case a political minefield for S.F. pols\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/18/BA5M1NLKGV.DTL\">Ed Lee facing moment of truth in Mirkarimi case\u003c/a> (Willie Brown)\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mirkarimi Gets 3 Years Probation on False Imprisonment Plea; Domestic Violence Advocates Call For Ethics Probe; Ed Lee 'Reviewing Options'",
"title": "Mirkarimi Gets 3 Years Probation on False Imprisonment Plea; Domestic Violence Advocates Call For Ethics Probe; Ed Lee 'Reviewing Options'",
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"content": "\u003cfigure id=\"attachment_59161\" class=\"wp-caption alignright\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\" alt=\"\" title=\"Mirkarimi\" width=\"248\" height=\"140\" class=\"size-full wp-image-59161\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sheriff Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News and KQED) San Francisco Sheriff Ross Mirkarimi pleaded guilty today to a misdemeanor false imprisonment charge in connection with the domestic violence case involving his wife.\u003c/p>\n\u003cp>Mirkarimi, 50, appeared in court this morning after agreeing to the plea deal with prosecutors, who dropped three other misdemeanor charges related to a Dec. 31 incident in which he allegedly grabbed and bruised the arm of his wife, Eliana Lopez, during an argument.\u003c/p>\n\u003cp>The D.A.'s office announced the following details of the plea arrangement:\u003c/p>\n\u003cblockquote>\u003cp>Mirkarimi, in his plea agreement, agreed to 3 years probation, 100 hours community service, 52 weeks of domestic violence classes, $400 domestic violence fine, parenting or family counseling per Adult Probation Department’s recommendation, pay standard court fines and fees, and will waive any and all future appellate rights. The stay away order remains in full force and effect subject to a Family court order.\u003c/p>\n\u003cp>In addition, the District Attorney was steadfast in his requirement for Mirkarimi to issue a public apology to Ivory Madison and her family for the public scrutiny they endured. “Domestic violence is an underreported crime that happens behind closed doors. Ivory Madison and other witnesses should be commended for their courage, “said District Attorney Gascón. “If we are committed to ending domestic violence, we in law enforcement must continue to encourage witnesses to come forward because it is the right thing to do for the victim, for the community and for our city.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\"For the last two months, this case has caused my family, my department, the sheriff's department, and the city great turmoil, pain and disappointment,\" Mirkarimi said outside of court. \"This plea allows us to move forward.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said, \"I intend to return to the business of running one of the finest sheriff's departments in the nation, of mending my family and raising my son Theo in a safe and happy home.\"\u003c/p>\n\u003cp>Mirkarimi said he will comment further after the sentencing next week.\u003c/p>\n\u003cp>Mirkarimi will not be allowed to carry a weapon while the order is in effect, district attorney's office spokesman Omid Talai said.\u003c/p>\n\u003cp>While today's developments would seem to provide a legal resolution to a case that has transfixed the city -- or its political establishment and media, at least -- Mirkarimi's political problems may not be over. \u003ca href=\"http://ww2.kqed.org/news/2012/03/12/reports-mirkarimi-to-accept-plea-deal/#Lee\">Mayor Ed Lee issued a statement today\u003c/a> calling the situation \"serious and troubling.\"\u003c/p>\n\u003cp>\"One of our top law enforcement officials,\" Lee said, \"has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter.\" \u003c/p>\n\u003cp>Mirkarimi had initially pleaded not guilty to misdemeanor domestic violence battery, child endangerment and dissuading a witness charges, accusations that were denied by Lopez, who refused to cooperate with prosecutors.\u003c/p>\n\u003cp>But the attorneys for Mirkarimi and Lopez were denied in repeated efforts in court to exclude as evidence a 55-second video of Lopez recorded by a neighbor in which she reportedly cried while pointing to the bruise on her arm.\u003c/p>\n\u003cp>Peter Keane, professor of law at Golden Gate University, told KQED's Mina Kim that the deal \"was a practical and prudent move on the part of Mirkarimi. The evidence against him was very strong and there was a good likelihood that he would have been convicted of the abuse charges. Having convictions for spousal abuse and endangering a child would have carried a tremendous stigma against him and would also likely have called for some sort of substantial punishment beyond what it will be for the false imprisonment plea he put in today.\"\u003c/p>\n\u003cp>Keane said he thought the case had been swinging the prosecution's way, and that may have encouraged the Mirkarimi team to cut a deal. \u003c/p>\n\u003cp>\"I think a lot had to do with the rulings relating to the evidence that would be allowed in the case. The fact that the videotape was going to be allowed in, and that the friend that Ms. Lopez had spoken with [Ivory Madison] was going to be allowed to testify – those aspects of the evidence were very strong and I think Mirkarimi and his attorneys realized that for the best possible outcome, they'd better attempt to reach some sort of deal while they still have leverage, before the case starts going forward.\"\u003c/p>\n\u003cp>(\u003cstrong>Update\u003c/strong>: The \u003ca href=\"http://www.sfbg.com/politics/2012/03/12/why-mirkarimi-pled-guilty\">Bay Guardian's\u003c/a> Tim Redmond says \"people close to the sheriff\" told him that Mirkarimi copped the plea \"when it became clear that he was losing every single motion around the admissibility of evidence, even when he and his attorney, Lidia Stiglich, were convinced they were right on the merits -- and when it was clear from juror surveys that virtually everyone in town had read the salacious press accounts and it was impossible to find a neutral jury -- he decided he had no choice.\")\u003c/p>\n\u003cp>Keane said it was not uncommon for defendants to plead guilty to a different charge than what they had originally been accused of. He said the charge of false imprisonment was related to the allegations in the police report that Mirkarimi had grabbed Lopez and attempted to prevent her from leaving. \"When you restrain someone of their liberty, you keep them from doing what they want in terms of freedom of mobility -- that's enough for the charge of false imprisonment. Even if it was just a momentary thing.\" \u003c/p>\n\u003cp>Keane thought it was a good deal for Mirkarimi, \"because he was facing considerable punishment and stigma had he been convicted of the abuse charges.\"\u003c/p>\n\u003cp>\"Yet at the same time it's a reasonable call for the prosecutor in this situation to look at it and say there wasn't any terrific injury; there was indeed abuse, but it's not something we typically see in a spousal abuse charge. It's an indication of a one-time incident. [So the charge] is proportional to the incident.\"\u003c/p>\n\u003cp>Keane thought it unlikely that Mirkarimi would be removed from office through the city's ethics process.\u003c/p>\n\u003cp>\"My prediction is he'll probably serve out his four years, because the only alternative to that \u003ca href=\"http://blogs.sfweekly.com/thesnitch/2012/01/ross_mirkarimi_misconduct.php\">would be for the mayor to institute proceedings to remove him\u003c/a>, which would require a trial before the board of supervisors, with the supervisors in effect sitting as a court and the president of the board presiding like a judge. We saw that back in the 1970s with airport commissioner Joe Mazzola, and it turned out to be a very unwieldy kind of circus. And you also need a supermajority to vote for removal – Mirkarimii has many friends on that board. So I think it's unlikely Mayor Ed Lee will institute those proceedings.\"\u003c/p>\n\u003cp>However, Executive Director of \u003ca href=\"http://www.lacasa.org/\">La Casa le las Madres\u003c/a>, Kathy Black told Mina Kim that is exactly what she would like to see happen. The anti-domestic violence group made headlines last month when it \u003ca href=\"http://ww2.kqed.org/news/2012/02/16/domestic-violence-billboard-referring-to-mirkarimi-comment-to-be-unveiled/\">put up a billboard referencing Mirkarimi's comment\u003c/a> that the incident in question was a \"private matter, a family matter,\" \u003c/p>\n\u003cp>\"Now that it's gone through the justice system, it needs to go through the political system, through the mayor's office,\" Black said, \"to be looked at to see whether it should go to the ethics commission. It needs to go through that process. Then the city and county, and the citizens of San Francisco, can feel that it's gone through the right process.\u003c/p>\n\u003cp>\"It seems like a stretch to me that he would be able to execute his duties as sheriff and have all these domestic violence stipulations attached to his plea deal.\"\u003c/p>\n\u003cp>Black said she was satisified with the legal resolution.\u003c/p>\n\u003cp>\"I think that the legal system has done its job. I think that in misdemeanor domestic violence cases, these kinds of pleas are not uncommon, and in this deal there are some important pieces that satisfy the issue. One is the continued stay-away order, three years probation, a hundred hours of community service, the 52-week batterers intervention program, parenting classes and counseling, and the apology to the witnesses.\" \u003c/p>\n\u003cp>Minouche Kandel, who works on domestic violence cases for Bay Area Legal Aid, said she thinks Mirkarimi should step down. \"This is not the end of the story. This resolves the criminal case, but I think it remains troubling for the sheriff's department to be led by a person convicted of falsely imprisoning his wife -- the primary purpose for the sheriff's depart,emt is to imprison people, and here you have someone who's been convicted of false imprisonment.\u003c/p>\n\u003cp>\"I also want to add, one things that makes the sheriff's department unique is that they provide a lot of programming in the area of domestic violence. They have programs for batterers in the jails; they have a survivor restoration empowerment project. To have someone who's been convicted of falsely imprisoning his wife in charge of a deptarment providing those services is problematic. \u003c/p>\n\u003cp>\"The city leaders have said they want to wait for the resolution of the criminal case, now we have the guilty plea. So I don't think they need to wait any more to refer this case to the ethics commission.\" \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Update 2:42 p.m.\u003c/strong> This statement from Mayor Ed Lee seems to indicate he will at least consider an ethics investigation in light of today's guilty plea:\u003c/p>\n\u003cblockquote>\n\u003cp>“This clearly remains serious and troubling for our City. The Sheriff, one of our top law enforcement officials, has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter. \u003c/p>\n\u003cp>I understand the troubling nature that this guilty plea raises, given the Sheriff’s role in overseeing and incarcerating criminals in our county jails. \u003c/p>\n\u003cp>I intend to make a decision based on all of the facts as quickly as possible.”\u003c/p>\u003c/blockquote>\n\n",
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"description": "(Bay City News and KQED) San Francisco Sheriff Ross Mirkarimi pleaded guilty today to a misdemeanor false imprisonment charge in connection with the domestic violence case involving his wife. Mirkarimi, 50, appeared in court this morning after agreeing to the plea deal with prosecutors, who dropped three other misdemeanor charges related to a Dec. 31",
"title": "Mirkarimi Gets 3 Years Probation on False Imprisonment Plea; Domestic Violence Advocates Call For Ethics Probe; Ed Lee 'Reviewing Options' | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_59161\" class=\"wp-caption alignright\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\" alt=\"\" title=\"Mirkarimi\" width=\"248\" height=\"140\" class=\"size-full wp-image-59161\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sheriff Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News and KQED) San Francisco Sheriff Ross Mirkarimi pleaded guilty today to a misdemeanor false imprisonment charge in connection with the domestic violence case involving his wife.\u003c/p>\n\u003cp>Mirkarimi, 50, appeared in court this morning after agreeing to the plea deal with prosecutors, who dropped three other misdemeanor charges related to a Dec. 31 incident in which he allegedly grabbed and bruised the arm of his wife, Eliana Lopez, during an argument.\u003c/p>\n\u003cp>The D.A.'s office announced the following details of the plea arrangement:\u003c/p>\n\u003cblockquote>\u003cp>Mirkarimi, in his plea agreement, agreed to 3 years probation, 100 hours community service, 52 weeks of domestic violence classes, $400 domestic violence fine, parenting or family counseling per Adult Probation Department’s recommendation, pay standard court fines and fees, and will waive any and all future appellate rights. The stay away order remains in full force and effect subject to a Family court order.\u003c/p>\n\u003cp>In addition, the District Attorney was steadfast in his requirement for Mirkarimi to issue a public apology to Ivory Madison and her family for the public scrutiny they endured. “Domestic violence is an underreported crime that happens behind closed doors. Ivory Madison and other witnesses should be commended for their courage, “said District Attorney Gascón. “If we are committed to ending domestic violence, we in law enforcement must continue to encourage witnesses to come forward because it is the right thing to do for the victim, for the community and for our city.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\"For the last two months, this case has caused my family, my department, the sheriff's department, and the city great turmoil, pain and disappointment,\" Mirkarimi said outside of court. \"This plea allows us to move forward.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said, \"I intend to return to the business of running one of the finest sheriff's departments in the nation, of mending my family and raising my son Theo in a safe and happy home.\"\u003c/p>\n\u003cp>Mirkarimi said he will comment further after the sentencing next week.\u003c/p>\n\u003cp>Mirkarimi will not be allowed to carry a weapon while the order is in effect, district attorney's office spokesman Omid Talai said.\u003c/p>\n\u003cp>While today's developments would seem to provide a legal resolution to a case that has transfixed the city -- or its political establishment and media, at least -- Mirkarimi's political problems may not be over. \u003ca href=\"http://ww2.kqed.org/news/2012/03/12/reports-mirkarimi-to-accept-plea-deal/#Lee\">Mayor Ed Lee issued a statement today\u003c/a> calling the situation \"serious and troubling.\"\u003c/p>\n\u003cp>\"One of our top law enforcement officials,\" Lee said, \"has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter.\" \u003c/p>\n\u003cp>Mirkarimi had initially pleaded not guilty to misdemeanor domestic violence battery, child endangerment and dissuading a witness charges, accusations that were denied by Lopez, who refused to cooperate with prosecutors.\u003c/p>\n\u003cp>But the attorneys for Mirkarimi and Lopez were denied in repeated efforts in court to exclude as evidence a 55-second video of Lopez recorded by a neighbor in which she reportedly cried while pointing to the bruise on her arm.\u003c/p>\n\u003cp>Peter Keane, professor of law at Golden Gate University, told KQED's Mina Kim that the deal \"was a practical and prudent move on the part of Mirkarimi. The evidence against him was very strong and there was a good likelihood that he would have been convicted of the abuse charges. Having convictions for spousal abuse and endangering a child would have carried a tremendous stigma against him and would also likely have called for some sort of substantial punishment beyond what it will be for the false imprisonment plea he put in today.\"\u003c/p>\n\u003cp>Keane said he thought the case had been swinging the prosecution's way, and that may have encouraged the Mirkarimi team to cut a deal. \u003c/p>\n\u003cp>\"I think a lot had to do with the rulings relating to the evidence that would be allowed in the case. The fact that the videotape was going to be allowed in, and that the friend that Ms. Lopez had spoken with [Ivory Madison] was going to be allowed to testify – those aspects of the evidence were very strong and I think Mirkarimi and his attorneys realized that for the best possible outcome, they'd better attempt to reach some sort of deal while they still have leverage, before the case starts going forward.\"\u003c/p>\n\u003cp>(\u003cstrong>Update\u003c/strong>: The \u003ca href=\"http://www.sfbg.com/politics/2012/03/12/why-mirkarimi-pled-guilty\">Bay Guardian's\u003c/a> Tim Redmond says \"people close to the sheriff\" told him that Mirkarimi copped the plea \"when it became clear that he was losing every single motion around the admissibility of evidence, even when he and his attorney, Lidia Stiglich, were convinced they were right on the merits -- and when it was clear from juror surveys that virtually everyone in town had read the salacious press accounts and it was impossible to find a neutral jury -- he decided he had no choice.\")\u003c/p>\n\u003cp>Keane said it was not uncommon for defendants to plead guilty to a different charge than what they had originally been accused of. He said the charge of false imprisonment was related to the allegations in the police report that Mirkarimi had grabbed Lopez and attempted to prevent her from leaving. \"When you restrain someone of their liberty, you keep them from doing what they want in terms of freedom of mobility -- that's enough for the charge of false imprisonment. Even if it was just a momentary thing.\" \u003c/p>\n\u003cp>Keane thought it was a good deal for Mirkarimi, \"because he was facing considerable punishment and stigma had he been convicted of the abuse charges.\"\u003c/p>\n\u003cp>\"Yet at the same time it's a reasonable call for the prosecutor in this situation to look at it and say there wasn't any terrific injury; there was indeed abuse, but it's not something we typically see in a spousal abuse charge. It's an indication of a one-time incident. [So the charge] is proportional to the incident.\"\u003c/p>\n\u003cp>Keane thought it unlikely that Mirkarimi would be removed from office through the city's ethics process.\u003c/p>\n\u003cp>\"My prediction is he'll probably serve out his four years, because the only alternative to that \u003ca href=\"http://blogs.sfweekly.com/thesnitch/2012/01/ross_mirkarimi_misconduct.php\">would be for the mayor to institute proceedings to remove him\u003c/a>, which would require a trial before the board of supervisors, with the supervisors in effect sitting as a court and the president of the board presiding like a judge. We saw that back in the 1970s with airport commissioner Joe Mazzola, and it turned out to be a very unwieldy kind of circus. And you also need a supermajority to vote for removal – Mirkarimii has many friends on that board. So I think it's unlikely Mayor Ed Lee will institute those proceedings.\"\u003c/p>\n\u003cp>However, Executive Director of \u003ca href=\"http://www.lacasa.org/\">La Casa le las Madres\u003c/a>, Kathy Black told Mina Kim that is exactly what she would like to see happen. The anti-domestic violence group made headlines last month when it \u003ca href=\"http://ww2.kqed.org/news/2012/02/16/domestic-violence-billboard-referring-to-mirkarimi-comment-to-be-unveiled/\">put up a billboard referencing Mirkarimi's comment\u003c/a> that the incident in question was a \"private matter, a family matter,\" \u003c/p>\n\u003cp>\"Now that it's gone through the justice system, it needs to go through the political system, through the mayor's office,\" Black said, \"to be looked at to see whether it should go to the ethics commission. It needs to go through that process. Then the city and county, and the citizens of San Francisco, can feel that it's gone through the right process.\u003c/p>\n\u003cp>\"It seems like a stretch to me that he would be able to execute his duties as sheriff and have all these domestic violence stipulations attached to his plea deal.\"\u003c/p>\n\u003cp>Black said she was satisified with the legal resolution.\u003c/p>\n\u003cp>\"I think that the legal system has done its job. I think that in misdemeanor domestic violence cases, these kinds of pleas are not uncommon, and in this deal there are some important pieces that satisfy the issue. One is the continued stay-away order, three years probation, a hundred hours of community service, the 52-week batterers intervention program, parenting classes and counseling, and the apology to the witnesses.\" \u003c/p>\n\u003cp>Minouche Kandel, who works on domestic violence cases for Bay Area Legal Aid, said she thinks Mirkarimi should step down. \"This is not the end of the story. This resolves the criminal case, but I think it remains troubling for the sheriff's department to be led by a person convicted of falsely imprisoning his wife -- the primary purpose for the sheriff's depart,emt is to imprison people, and here you have someone who's been convicted of false imprisonment.\u003c/p>\n\u003cp>\"I also want to add, one things that makes the sheriff's department unique is that they provide a lot of programming in the area of domestic violence. They have programs for batterers in the jails; they have a survivor restoration empowerment project. To have someone who's been convicted of falsely imprisoning his wife in charge of a deptarment providing those services is problematic. \u003c/p>\n\u003cp>\"The city leaders have said they want to wait for the resolution of the criminal case, now we have the guilty plea. So I don't think they need to wait any more to refer this case to the ethics commission.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update 2:42 p.m.\u003c/strong> This statement from Mayor Ed Lee seems to indicate he will at least consider an ethics investigation in light of today's guilty plea:\u003c/p>\n\u003cblockquote>\n\u003cp>“This clearly remains serious and troubling for our City. The Sheriff, one of our top law enforcement officials, has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter. \u003c/p>\n\u003cp>I understand the troubling nature that this guilty plea raises, given the Sheriff’s role in overseeing and incarcerating criminals in our county jails. \u003c/p>\n\u003cp>I intend to make a decision based on all of the facts as quickly as possible.”\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Former SF Mayor Art Agnos: Mirkarimi Prosecution is Political; Legal Analyst: Gascon Had No Choice",
"title": "Former SF Mayor Art Agnos: Mirkarimi Prosecution is Political; Legal Analyst: Gascon Had No Choice",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_59050\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi.jpg\">\u003cimg class=\"size-medium wp-image-59050\" title=\"mirkarimi\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi-300x270.jpg\" alt=\"\" width=\"300\" height=\"270\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi stands in front city hall, date unkown. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The trial of Sheriff Ross Mirkarimi on three misdemeanor charges related to an alleged incident of domestic violence against his wife, Eliana Lopez, is plodding along. A jury has not yet been seated, with a couple of hundred people already \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/mirkarimi-trial-challenge-finding-jury/\">weeded out\u003c/a> based on their answers to a \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/take-ross-mirkarimi-jury-questionnaire/\">nine-page questionnaire\u003c/a>.\u003c/p>\n\u003cp>Legal motions from the defendant have to be sorted out as well. Today a video recorded by Lopez's neighbor, \u003ca href=\"http://www.huffingtonpost.com/2012/02/27/eliana-lopez-photos-released_n_1304146.html\">reportedly showing a bruise on Lopez's arm\u003c/a> allegedly caused by Mirkarimi, as well as Lopez herself stating \"this is the second time this is happening,\" was ruled admissible as evidence by a three-judge appellate panel from San Francisco Superior Court.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.mercurynews.com/news/ci_20107185\">motion for a venue change\u003c/a> filed by Mirkarimi's lead attorney, Lidia Stiglich, has yet to be ruled on. That motion, \u003ca href=\"http://www.chicagotribune.com/news/sns-rt-us-crime-sherifftre82618d-20120307,0,7141040.story\">reports Reuters\u003c/a>, claims that \"the case is intertwined with local politics and political ambitions. The political overtones that have encompassed this case from the beginning have created a significant contributing prejudice.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#agnos\">\u003cstrong>Interview with Art Agnos\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#little\">\u003cstrong>Interview with Prof. Rory Little\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.californiareport.org/archive/R201203091630/b\">\u003cstrong>Audio: Listen to The California Report story\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>One Mirkarimi supporter who agrees with that charge is former San Francisco Mayor Art Agnos. The two are close personally and have supported each other politically, with then-Supervisor Mirkarimi being Agnos' main proponent during the debate over who would be interim mayor when Gavin Newsom left for the lieutenant governorship.\u003c/p>\n\u003cp>Other observers, however, do not believe that is true. The California Report's Scott Shafer this week interviewed both Agnos and Hastings law professor Rory Little about the case. Agnos believes bad blood between San Francisco D.A. George Gascon and Mirkarimi is helping to drive the prosecution. But Professor Little says that given the evidence against the sheriff, Gascon had no choice but to prosecute.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Read edited transcripts of both interviews below:\u003c/p>\n\u003cp>\u003ca name=\"agnos\">\u003c/a>\u003cbr>\n\u003cem>Scott Shafer's interview with former Mayor Art Agnos\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case so far? They had a huge jury pool.\u003c/p>\n\u003cp>AGNOS: It’s really remarkable. These people are filling out these long questionnaires that were arrived at by both the D.A. and the feds. And these people are revealing a level of attitude that automatically disqualifies them. \u003c!--more-->\u003c/p>\n\u003cp>SHAFER: What do you think that says?\u003c/p>\n\u003cp>AGNOS: It means that this has been a subject of extraordinary coverage by the media. The Chronicle alone had a news story or a blog item in print 55 times in the month of January alone. By the end of this week, they’ll be at 100. And this is less than two-months old.\u003c/p>\n\u003caside class=\"pullquote alignleft\">There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003cbr>\n--Former SF Mayor Art Agnos\u003c/aside>\n\u003cp>They have covered this story, which is three misdemeanors, more than the president, governor, mayor combined. And I think the result of this excessive coverage by the media has resulted in this city being oversaturated with information about this that really comes from one side, which is the prosecution’s side, which leads to some very severe questions as to whether Ross can get a fair trial in this city.\u003c/p>\n\u003cp>SHAFER: Although some have suggested that he can get a fairer trial here than he could, say, in Shasta County or Humboldt County, where you might get a more conservative, pro-prosecution jury pool...\u003c/p>\n\u003cp>AGNOS: I don’t know. Right now, what the concern seems to be is whether people have an open mind, because the presumption is that he’s innocent until proven guilty. And yet, in politics it’s often the reverse. A politician is guilty until proven innocent, and the coverage has certainly reinforced that notion.\u003c/p>\n\u003cp>SHAFER: You have been a friend and a political supporter and ally of Mirkarimi's. What should people know about Ross Mirkarimi that they may not know from the media coverage?\u003c/p>\n\u003cp>AGNOS: Well I haven’t known Ross that long. I first met him in the Matt Gonzalez-for-mayor campaign, then supported him when he ran for supervisor the first time.\u003c/p>\n\u003cp>But I have found him to be a very honest, sincere, passionate person about public service. And I think that has cost him in this process, because his passionate, committed approach has led to misunderstandings regarding why he’s doing something. When he is driving hard on an issue for poor people, for the underdog, he can be very passionate, and sometimes that’s misunderstood as someone who is being overbearing. And I think that may have caused people to get a different impression of him than he really deserves.\u003c/p>\n\u003cp>SHAFER: Because you know him in a personal way, you probably know something about this situation you can’t talk about. But based on what you know, is he the kind of person who could commit domestic violence?\u003c/p>\n\u003cp>AGNOS: Ross is not a violent person. He is not someone who would do this. He was raised by a mother who struggled throughout his childhood. He was raised by a very loving and caring grandmother. In fact, as he says, he was raised by a group of doting women who were very strong. His mother was a leader in civil rights in her day.\u003c/p>\n\u003cp>So Ross Mirkarimi is really a feminist who is terribly humiliated by this experience, because he and his wife have not had a chance to give their side. They’ve been obviously advised by attorneys that they have to make their case in front of a jury who will make that decision. It has been very difficult for him to read the kinds of things that have been said and written about him without having the opportunity to respond.\u003c/p>\n\u003cp>His wife says that no violent act occurred. Did they have a disagreement? Yes. Was it a serious one between a husband and wife? Yes. But there was no violence according to his wife and according to him, and I believe and trust in that statement.\u003c/p>\n\u003cp>I think when the trial unfolds we will find out some facts that involve a lot of issues in this city, and around politics, that will surprise people.\u003c/p>\n\u003cp>SHAFER: In terms of how this came to be and the way it’s being prosecuted?\u003c/p>\n\u003cp>AGNOS: It’s no secret that Ross has had a bad relationship or a difficult political relationship with the current DA and then-police chief Gascon. They disagreed over community policing in his district and in the city when he was a supervisor. They disagreed over Gascon's insulting comments when he was police chief around attacks or threats against the Hall of Justice by, quote, Middle Easterners, something he had to \u003ca href=\"http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=7364156\">apologize for\u003c/a>. They’ve also had a number of issues around the cost of safety for protection for the mayor.\u003c/p>\n\u003cp>So there is a history there. And there are a number of apparent conflicts within the D.A.'s office, as pointed out in the \u003ca href=\"http://online.wsj.com/article/SB10001424052970204520204577251670304522432.html\">Wall Street Journal\u003c/a>. There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003c/p>\n\u003cp>SHAFER: As mayor you experienced what it’s like for someone who is not part of the political establishment to come to city hall. What do you think this case says about the political dynamics in the city?\u003c/p>\n\u003cp>AGNOS: For all of it’s cosmopolitan image, San Francisco is a city of insiders and outsiders even within the political world, so that if you come into this city as a person who grew up somewhere else, didn’t go to the traditional schools in this city and don’t belong to the traditional clubs, it can be a difficult political climb up the ladder.\u003c/p>\n\u003cp>Ross, like me, has made that climb. I think that in this particular case Ross won a big victory over a traditional San Francisco insider, and that’s the former president of the police union, Chris Cunnie. He came in third in the election and I think there are people today who would like to see a vacancy in the sheriff’s department so that Chris Cunnie could snatch victory from the jaws of defeat.\u003c/p>\n\u003cp>SHAFER: You in the legislature and as mayor have been a big advocate of women’s rights and laws protecting women. Are you critical or disappointed at all in the way that Ross responded to the initial allegations? He called it a private matter, which is anathema to advocates.\u003c/p>\n\u003cp>AGNOS: There’s no question that domestic violence is a serious issue. However, in this case his wife says that the disagreement between them was not domestic violence, was not a matter for the district attorney to prosecute. When they made the statement that this was a private matter, they were referring to the specific issue that led to the argument, not the fact that they were being accused of domestic violence.\u003c/p>\n\u003cp>So the private matter was whether how long his wife and young son should leave the country for a vacation in Venezuela. Ross as a newly elected sheriff was understandably worried, not only about the length of time they might leave but also the threat of kidnapping. Just last fall a major league baseball player for the Washington Nationals was kidnapped in Venezuela and held for a high ransom. Certainly a television star, the wife of the sheriff of San Francisco was a bigger target than a major league baseball player. So that's what led to the matter that broke out.\u003c/p>\n\u003cp>SHAFER: Shortly after this happened a number of women’s advocates called on him to step aside until this is resolved. Do you think they're part of the political persecution, if you will, that you described earlier, or do you think they’re sincere and just doing what they do as advocates?\u003c/p>\n\u003cp>AGNOS: I think some of them clearly believe very strongly in this issue, and I think others are maybe using this for political advantage, because it’s clear some of those who have been in the press, calling for him to step down, were strong supporters and advocates, and contributors to Chris Cunnie, his major opponent last fall.\u003c/p>\n\u003cp>SHAFER: We don’t know how this is going to end up, but what impact is it likely to have you think?\u003c/p>\n\u003cp>AGNOS: Well there’s no question that this has had an enormous impact on Ross, on his wife and his family. I know from being close to him during this crisis that it has been a humiliating, embarrassing, and very depressing experience.\u003c/p>\n\u003cp>Because of the stay-away order, what Ross has to do every day is stand 100 yards away from his house while someone brings his child to him, on a corner somewhere. And then he’s got two hours with that two-year old, and then he brings him back to the corner so that another person can take him back to his house. That’s the way he’s been living for the last two or three weeks and for the foreseeable future. I don’t think that helps strengthen a family. I think it hurts it.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca name=\"little\">\u003c/a>\u003cbr>\n\u003cem>Now here's Scott Shafer's interview with Rory Little, Professor of Law at Hastings\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case against Mirkarimi?\u003c/p>\n\u003cp>RORY LITTLE: If the tape is ruled admissible evidence, the government's case looks very strong. If there isn't any of that evidence, then really what do you have? Almost nothing.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003cbr>\n--Law Prof. Rory Little, UC Hastings\u003c/aside>\n\u003cp>What's unusual here is that normally in these domestic violence cases, you have a first-time offender, no serious physical injury -- many of these are resolved with a simple consent order for anger management or mediation. It's one day's publicity and you move on. We allow the first offender to resolve it in kind of a trust-me way, often because the spouse does decide she doesn't want to tear up their entire life, and with mediation and some court supervision you can prevent a serious incident.\u003c/p>\n\u003cp>But it's been blown out of proportion, in a sense, because the sheriff has decided to fight as hard as he can. He's going for an all or nothing result.\u003c/p>\n\u003cp>It's a high-risk legal strategy, and it's not one you see very often. Most defendants will play a less risky strategy. But I think he believes his career depends on this moment. It may be at this point he regrets having gone down this path, but it's pretty hard to go back.\u003c/p>\n\u003cp>SCOTT SHAFER: How much of that is because of the way the defense is handling this and how much because of the way the prosecutor is handling this?\u003c/p>\n\u003cp>RORY LITTLE: I don’t' think it has anything to do with how the DA's handling it. The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003c/p>\n\u003cp>In fact you would have seen some heavy criticism of the government had they not charged this case, particularly since Mirkarimi is a high-ranking government official and a law-enforcement official.\u003c/p>\n\u003cp>So I think the government actually believed, \"well we have to charge this,\" and they probably thought \"this evidence is strong, we'll get a quick resolution.\" What they didn’t anticipate was that the sheriff would in a sense stake his political career on this matter. But they can't let it go at this point.\u003c/p>\n\u003cp>And what you have now is the phenonenon you see in these cases sometimes, which is former romantic partners coming forward saying \"me too.\" We never know if the me-toos are true or false, because the incidents they cite are old, and why didn't they report it before, etc. But the more me-toos come out, the more he's damaged in the eyes of the community.\u003c/p>\n\u003cp>SCOTT SHAFER: What about the desire to change the venue? What are the pros and cons?\u003c/p>\n\u003cp>RORY LITTLE: You almost never see venue-change motions in misdemeanor cases, and you don’t see them granted even in big felony cases. Only in a big homicide case do you see them granted.\u003c/p>\n\u003cp>But the venue-change motion here is not a crazy thing. As they've examined these potential jurors, what they've learned is that almost everybody has read about this and has a general ideas as to what they think happened. Often that's a reason to change venue.\u003c/p>\n\u003cp>On the other hand, do you want to leave the San Francisco jury pool? You're likely to go to a county that has a more conservative jury pool. Normally conservative communities have a sympathy for law enforcement agents, but at the same time there's a real dislike for law enforcement agents who may be domestic batterers.\u003c/p>\n\u003cp>It seems to me to be sort of an amazing gamble. It seems like a lawyer's strategy to make a motion that if denied becomes a basis for appeal a year later.\u003c/p>\n\u003cp>SCOTT SHAFER: what do you make of the fact that the three charges filed are misdemeanors?\u003c/p>\n\u003cp>RORY LITTLE: Gascon is well aware of the political ramifications here. I'm relatively certain that he gave it to his domestic violence unit and told them to treat this like every other case.\u003c/p>\n\u003cp>I think this case was charged as a standard domestic violence case, one they couldn't avoid because they thought they had strong evidence. The case wouldn't normally be charged as a felony. And the witness-tampering charge is the sort of natural human interaction you have in these cases.\u003c/p>\n\u003cp>I think the DA is trying to avoid the appearance of going too hard as well as going too soft. Right down the middle.\u003c/p>\n\u003cp>SCOTT SHAFER: There are charges by Mirkarimi supporters that this is political, that the defendant and D.A. have previously crossed paths and disagreed. What do you make of that?\u003c/p>\n\u003cp>RORY LITTLE: It's hard to look at this case and think it's being too aggressively prosecuted. If Gascon has been intelligent about his own political future, he has handed this off to somebody in his office and said you handle it the way you normally do.\u003c/p>\n\u003cp>The only part of this that looked aggressive was the stay-away order, which stayed in place a couple of weeks, with a young child and wife who didn’t want the order. But the judge who heard that part of the case was experienced with domestic violence and said this is normally the way we do it, and you have to prove to me that I should lift it. The stay-away order is automatically imposed whenever the child is in sight of the incident. That seems a little harsh, but it's an automatic thing. It happens in every case.\u003c/p>\n\u003cp>But that's a problem with our domestic violence system; the pendulum has swung very far now in favor of aggressive enforcement. Because for a long time these laws weren't aggressively enforced at all.\u003c/p>\u003c/blockquote>\n\n",
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"description": "The trial of Sheriff Ross Mirkarimi on three misdemeanor charges related to an alleged incident of domestic violence against his wife, Eliana Lopez, is plodding along. A jury has not yet been seated, with a couple of hundred people already weeded out based on their answers to a nine-page questionnaire. Legal motions from the defendant",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_59050\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi.jpg\">\u003cimg class=\"size-medium wp-image-59050\" title=\"mirkarimi\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi-300x270.jpg\" alt=\"\" width=\"300\" height=\"270\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi stands in front city hall, date unkown. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The trial of Sheriff Ross Mirkarimi on three misdemeanor charges related to an alleged incident of domestic violence against his wife, Eliana Lopez, is plodding along. A jury has not yet been seated, with a couple of hundred people already \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/mirkarimi-trial-challenge-finding-jury/\">weeded out\u003c/a> based on their answers to a \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/take-ross-mirkarimi-jury-questionnaire/\">nine-page questionnaire\u003c/a>.\u003c/p>\n\u003cp>Legal motions from the defendant have to be sorted out as well. Today a video recorded by Lopez's neighbor, \u003ca href=\"http://www.huffingtonpost.com/2012/02/27/eliana-lopez-photos-released_n_1304146.html\">reportedly showing a bruise on Lopez's arm\u003c/a> allegedly caused by Mirkarimi, as well as Lopez herself stating \"this is the second time this is happening,\" was ruled admissible as evidence by a three-judge appellate panel from San Francisco Superior Court.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.mercurynews.com/news/ci_20107185\">motion for a venue change\u003c/a> filed by Mirkarimi's lead attorney, Lidia Stiglich, has yet to be ruled on. That motion, \u003ca href=\"http://www.chicagotribune.com/news/sns-rt-us-crime-sherifftre82618d-20120307,0,7141040.story\">reports Reuters\u003c/a>, claims that \"the case is intertwined with local politics and political ambitions. The political overtones that have encompassed this case from the beginning have created a significant contributing prejudice.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#agnos\">\u003cstrong>Interview with Art Agnos\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#little\">\u003cstrong>Interview with Prof. Rory Little\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.californiareport.org/archive/R201203091630/b\">\u003cstrong>Audio: Listen to The California Report story\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>One Mirkarimi supporter who agrees with that charge is former San Francisco Mayor Art Agnos. The two are close personally and have supported each other politically, with then-Supervisor Mirkarimi being Agnos' main proponent during the debate over who would be interim mayor when Gavin Newsom left for the lieutenant governorship.\u003c/p>\n\u003cp>Other observers, however, do not believe that is true. The California Report's Scott Shafer this week interviewed both Agnos and Hastings law professor Rory Little about the case. Agnos believes bad blood between San Francisco D.A. George Gascon and Mirkarimi is helping to drive the prosecution. But Professor Little says that given the evidence against the sheriff, Gascon had no choice but to prosecute.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Read edited transcripts of both interviews below:\u003c/p>\n\u003cp>\u003ca name=\"agnos\">\u003c/a>\u003cbr>\n\u003cem>Scott Shafer's interview with former Mayor Art Agnos\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case so far? They had a huge jury pool.\u003c/p>\n\u003cp>AGNOS: It’s really remarkable. These people are filling out these long questionnaires that were arrived at by both the D.A. and the feds. And these people are revealing a level of attitude that automatically disqualifies them. \u003c!--more-->\u003c/p>\n\u003cp>SHAFER: What do you think that says?\u003c/p>\n\u003cp>AGNOS: It means that this has been a subject of extraordinary coverage by the media. The Chronicle alone had a news story or a blog item in print 55 times in the month of January alone. By the end of this week, they’ll be at 100. And this is less than two-months old.\u003c/p>\n\u003caside class=\"pullquote alignleft\">There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003cbr>\n--Former SF Mayor Art Agnos\u003c/aside>\n\u003cp>They have covered this story, which is three misdemeanors, more than the president, governor, mayor combined. And I think the result of this excessive coverage by the media has resulted in this city being oversaturated with information about this that really comes from one side, which is the prosecution’s side, which leads to some very severe questions as to whether Ross can get a fair trial in this city.\u003c/p>\n\u003cp>SHAFER: Although some have suggested that he can get a fairer trial here than he could, say, in Shasta County or Humboldt County, where you might get a more conservative, pro-prosecution jury pool...\u003c/p>\n\u003cp>AGNOS: I don’t know. Right now, what the concern seems to be is whether people have an open mind, because the presumption is that he’s innocent until proven guilty. And yet, in politics it’s often the reverse. A politician is guilty until proven innocent, and the coverage has certainly reinforced that notion.\u003c/p>\n\u003cp>SHAFER: You have been a friend and a political supporter and ally of Mirkarimi's. What should people know about Ross Mirkarimi that they may not know from the media coverage?\u003c/p>\n\u003cp>AGNOS: Well I haven’t known Ross that long. I first met him in the Matt Gonzalez-for-mayor campaign, then supported him when he ran for supervisor the first time.\u003c/p>\n\u003cp>But I have found him to be a very honest, sincere, passionate person about public service. And I think that has cost him in this process, because his passionate, committed approach has led to misunderstandings regarding why he’s doing something. When he is driving hard on an issue for poor people, for the underdog, he can be very passionate, and sometimes that’s misunderstood as someone who is being overbearing. And I think that may have caused people to get a different impression of him than he really deserves.\u003c/p>\n\u003cp>SHAFER: Because you know him in a personal way, you probably know something about this situation you can’t talk about. But based on what you know, is he the kind of person who could commit domestic violence?\u003c/p>\n\u003cp>AGNOS: Ross is not a violent person. He is not someone who would do this. He was raised by a mother who struggled throughout his childhood. He was raised by a very loving and caring grandmother. In fact, as he says, he was raised by a group of doting women who were very strong. His mother was a leader in civil rights in her day.\u003c/p>\n\u003cp>So Ross Mirkarimi is really a feminist who is terribly humiliated by this experience, because he and his wife have not had a chance to give their side. They’ve been obviously advised by attorneys that they have to make their case in front of a jury who will make that decision. It has been very difficult for him to read the kinds of things that have been said and written about him without having the opportunity to respond.\u003c/p>\n\u003cp>His wife says that no violent act occurred. Did they have a disagreement? Yes. Was it a serious one between a husband and wife? Yes. But there was no violence according to his wife and according to him, and I believe and trust in that statement.\u003c/p>\n\u003cp>I think when the trial unfolds we will find out some facts that involve a lot of issues in this city, and around politics, that will surprise people.\u003c/p>\n\u003cp>SHAFER: In terms of how this came to be and the way it’s being prosecuted?\u003c/p>\n\u003cp>AGNOS: It’s no secret that Ross has had a bad relationship or a difficult political relationship with the current DA and then-police chief Gascon. They disagreed over community policing in his district and in the city when he was a supervisor. They disagreed over Gascon's insulting comments when he was police chief around attacks or threats against the Hall of Justice by, quote, Middle Easterners, something he had to \u003ca href=\"http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=7364156\">apologize for\u003c/a>. They’ve also had a number of issues around the cost of safety for protection for the mayor.\u003c/p>\n\u003cp>So there is a history there. And there are a number of apparent conflicts within the D.A.'s office, as pointed out in the \u003ca href=\"http://online.wsj.com/article/SB10001424052970204520204577251670304522432.html\">Wall Street Journal\u003c/a>. There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003c/p>\n\u003cp>SHAFER: As mayor you experienced what it’s like for someone who is not part of the political establishment to come to city hall. What do you think this case says about the political dynamics in the city?\u003c/p>\n\u003cp>AGNOS: For all of it’s cosmopolitan image, San Francisco is a city of insiders and outsiders even within the political world, so that if you come into this city as a person who grew up somewhere else, didn’t go to the traditional schools in this city and don’t belong to the traditional clubs, it can be a difficult political climb up the ladder.\u003c/p>\n\u003cp>Ross, like me, has made that climb. I think that in this particular case Ross won a big victory over a traditional San Francisco insider, and that’s the former president of the police union, Chris Cunnie. He came in third in the election and I think there are people today who would like to see a vacancy in the sheriff’s department so that Chris Cunnie could snatch victory from the jaws of defeat.\u003c/p>\n\u003cp>SHAFER: You in the legislature and as mayor have been a big advocate of women’s rights and laws protecting women. Are you critical or disappointed at all in the way that Ross responded to the initial allegations? He called it a private matter, which is anathema to advocates.\u003c/p>\n\u003cp>AGNOS: There’s no question that domestic violence is a serious issue. However, in this case his wife says that the disagreement between them was not domestic violence, was not a matter for the district attorney to prosecute. When they made the statement that this was a private matter, they were referring to the specific issue that led to the argument, not the fact that they were being accused of domestic violence.\u003c/p>\n\u003cp>So the private matter was whether how long his wife and young son should leave the country for a vacation in Venezuela. Ross as a newly elected sheriff was understandably worried, not only about the length of time they might leave but also the threat of kidnapping. Just last fall a major league baseball player for the Washington Nationals was kidnapped in Venezuela and held for a high ransom. Certainly a television star, the wife of the sheriff of San Francisco was a bigger target than a major league baseball player. So that's what led to the matter that broke out.\u003c/p>\n\u003cp>SHAFER: Shortly after this happened a number of women’s advocates called on him to step aside until this is resolved. Do you think they're part of the political persecution, if you will, that you described earlier, or do you think they’re sincere and just doing what they do as advocates?\u003c/p>\n\u003cp>AGNOS: I think some of them clearly believe very strongly in this issue, and I think others are maybe using this for political advantage, because it’s clear some of those who have been in the press, calling for him to step down, were strong supporters and advocates, and contributors to Chris Cunnie, his major opponent last fall.\u003c/p>\n\u003cp>SHAFER: We don’t know how this is going to end up, but what impact is it likely to have you think?\u003c/p>\n\u003cp>AGNOS: Well there’s no question that this has had an enormous impact on Ross, on his wife and his family. I know from being close to him during this crisis that it has been a humiliating, embarrassing, and very depressing experience.\u003c/p>\n\u003cp>Because of the stay-away order, what Ross has to do every day is stand 100 yards away from his house while someone brings his child to him, on a corner somewhere. And then he’s got two hours with that two-year old, and then he brings him back to the corner so that another person can take him back to his house. That’s the way he’s been living for the last two or three weeks and for the foreseeable future. I don’t think that helps strengthen a family. I think it hurts it.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"little\">\u003c/a>\u003cbr>\n\u003cem>Now here's Scott Shafer's interview with Rory Little, Professor of Law at Hastings\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case against Mirkarimi?\u003c/p>\n\u003cp>RORY LITTLE: If the tape is ruled admissible evidence, the government's case looks very strong. If there isn't any of that evidence, then really what do you have? Almost nothing.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003cbr>\n--Law Prof. Rory Little, UC Hastings\u003c/aside>\n\u003cp>What's unusual here is that normally in these domestic violence cases, you have a first-time offender, no serious physical injury -- many of these are resolved with a simple consent order for anger management or mediation. It's one day's publicity and you move on. We allow the first offender to resolve it in kind of a trust-me way, often because the spouse does decide she doesn't want to tear up their entire life, and with mediation and some court supervision you can prevent a serious incident.\u003c/p>\n\u003cp>But it's been blown out of proportion, in a sense, because the sheriff has decided to fight as hard as he can. He's going for an all or nothing result.\u003c/p>\n\u003cp>It's a high-risk legal strategy, and it's not one you see very often. Most defendants will play a less risky strategy. But I think he believes his career depends on this moment. It may be at this point he regrets having gone down this path, but it's pretty hard to go back.\u003c/p>\n\u003cp>SCOTT SHAFER: How much of that is because of the way the defense is handling this and how much because of the way the prosecutor is handling this?\u003c/p>\n\u003cp>RORY LITTLE: I don’t' think it has anything to do with how the DA's handling it. The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003c/p>\n\u003cp>In fact you would have seen some heavy criticism of the government had they not charged this case, particularly since Mirkarimi is a high-ranking government official and a law-enforcement official.\u003c/p>\n\u003cp>So I think the government actually believed, \"well we have to charge this,\" and they probably thought \"this evidence is strong, we'll get a quick resolution.\" What they didn’t anticipate was that the sheriff would in a sense stake his political career on this matter. But they can't let it go at this point.\u003c/p>\n\u003cp>And what you have now is the phenonenon you see in these cases sometimes, which is former romantic partners coming forward saying \"me too.\" We never know if the me-toos are true or false, because the incidents they cite are old, and why didn't they report it before, etc. But the more me-toos come out, the more he's damaged in the eyes of the community.\u003c/p>\n\u003cp>SCOTT SHAFER: What about the desire to change the venue? What are the pros and cons?\u003c/p>\n\u003cp>RORY LITTLE: You almost never see venue-change motions in misdemeanor cases, and you don’t see them granted even in big felony cases. Only in a big homicide case do you see them granted.\u003c/p>\n\u003cp>But the venue-change motion here is not a crazy thing. As they've examined these potential jurors, what they've learned is that almost everybody has read about this and has a general ideas as to what they think happened. Often that's a reason to change venue.\u003c/p>\n\u003cp>On the other hand, do you want to leave the San Francisco jury pool? You're likely to go to a county that has a more conservative jury pool. Normally conservative communities have a sympathy for law enforcement agents, but at the same time there's a real dislike for law enforcement agents who may be domestic batterers.\u003c/p>\n\u003cp>It seems to me to be sort of an amazing gamble. It seems like a lawyer's strategy to make a motion that if denied becomes a basis for appeal a year later.\u003c/p>\n\u003cp>SCOTT SHAFER: what do you make of the fact that the three charges filed are misdemeanors?\u003c/p>\n\u003cp>RORY LITTLE: Gascon is well aware of the political ramifications here. I'm relatively certain that he gave it to his domestic violence unit and told them to treat this like every other case.\u003c/p>\n\u003cp>I think this case was charged as a standard domestic violence case, one they couldn't avoid because they thought they had strong evidence. The case wouldn't normally be charged as a felony. And the witness-tampering charge is the sort of natural human interaction you have in these cases.\u003c/p>\n\u003cp>I think the DA is trying to avoid the appearance of going too hard as well as going too soft. Right down the middle.\u003c/p>\n\u003cp>SCOTT SHAFER: There are charges by Mirkarimi supporters that this is political, that the defendant and D.A. have previously crossed paths and disagreed. What do you make of that?\u003c/p>\n\u003cp>RORY LITTLE: It's hard to look at this case and think it's being too aggressively prosecuted. If Gascon has been intelligent about his own political future, he has handed this off to somebody in his office and said you handle it the way you normally do.\u003c/p>\n\u003cp>The only part of this that looked aggressive was the stay-away order, which stayed in place a couple of weeks, with a young child and wife who didn’t want the order. But the judge who heard that part of the case was experienced with domestic violence and said this is normally the way we do it, and you have to prove to me that I should lift it. The stay-away order is automatically imposed whenever the child is in sight of the incident. That seems a little harsh, but it's an automatic thing. It happens in every case.\u003c/p>\n\u003cp>But that's a problem with our domestic violence system; the pendulum has swung very far now in favor of aggressive enforcement. Because for a long time these laws weren't aggressively enforced at all.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Video of Mirkarimi's Wife Can Be Used as Evidence, Appeals Panel Rules",
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"content": "\u003cfigure id=\"attachment_58983\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"225\" height=\"169\" class=\"size-medium wp-image-58983\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News) A key piece of video evidence can be used as evidence in the upcoming domestic violence trial against San Francisco Sheriff Ross Mirkarimi, appellate division judges ruled today.\u003c/p>\n\u003cp>The three-judge panel from the San Francisco Superior Court's appellate division had been considering whether to allow the use of a 55-second video recorded by a neighbor that reportedly shows Mirkarimi's wife Eliana Lopez crying and pointing to a bruise on her arm.\u003c/p>\n\u003cp>After use of the video was allowed by Judge Garrett Wong, Lopez's attorney Paula Canny appealed Wong's decision to the appellate judges, who today ruled that they denied the appeal. \u003c!--more-->\u003c/p>\n\u003cp>Prosecutors have called the video the central part of their case against Mirkarimi, 50, who faces misdemeanor domestic violence battery, child endangerment and dissuading a witness charges in connection with the Dec. 31 incident in which he allegedly grabbed Lopez's arm during an argument, causing the bruise.\u003c/p>\n\u003cp>Canny was not immediately available to comment on the ruling this morning.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mirkarimi's defense attorney Lidia Stiglich has filed a separate motion regarding the video, arguing it should not be admissible because if Lopez does not testify in the trial, there is no way for Stiglich to cross-examine the alleged testimony from the video.\u003c/p>\n\u003cp>Stiglich has also filed a motion to move the trial to a different county, arguing that the extensive media coverage of the case has prevented Mirkarimi's ability to get a fair trial.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Wong, who is overseeing the case, has not yet ruled on those motions, but is scheduled to rule this afternoon on a motion by prosecutors to include California at Berkeley School of Law lecturer Nancy Lemon as an expert witness in the trial.\u003c/p>\n\n",
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"description": "(Bay City News) A key piece of video evidence can be used as evidence in the upcoming domestic violence trial against San Francisco Sheriff Ross Mirkarimi, appellate division judges ruled today. The three-judge panel from the San Francisco Superior Court's appellate division had been considering whether to allow the use of a 55-second video recorded",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_58983\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"225\" height=\"169\" class=\"size-medium wp-image-58983\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News) A key piece of video evidence can be used as evidence in the upcoming domestic violence trial against San Francisco Sheriff Ross Mirkarimi, appellate division judges ruled today.\u003c/p>\n\u003cp>The three-judge panel from the San Francisco Superior Court's appellate division had been considering whether to allow the use of a 55-second video recorded by a neighbor that reportedly shows Mirkarimi's wife Eliana Lopez crying and pointing to a bruise on her arm.\u003c/p>\n\u003cp>After use of the video was allowed by Judge Garrett Wong, Lopez's attorney Paula Canny appealed Wong's decision to the appellate judges, who today ruled that they denied the appeal. \u003c!--more-->\u003c/p>\n\u003cp>Prosecutors have called the video the central part of their case against Mirkarimi, 50, who faces misdemeanor domestic violence battery, child endangerment and dissuading a witness charges in connection with the Dec. 31 incident in which he allegedly grabbed Lopez's arm during an argument, causing the bruise.\u003c/p>\n\u003cp>Canny was not immediately available to comment on the ruling this morning.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mirkarimi's defense attorney Lidia Stiglich has filed a separate motion regarding the video, arguing it should not be admissible because if Lopez does not testify in the trial, there is no way for Stiglich to cross-examine the alleged testimony from the video.\u003c/p>\n\u003cp>Stiglich has also filed a motion to move the trial to a different county, arguing that the extensive media coverage of the case has prevented Mirkarimi's ability to get a fair trial.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Wong, who is overseeing the case, has not yet ruled on those motions, but is scheduled to rule this afternoon on a motion by prosecutors to include California at Berkeley School of Law lecturer Nancy Lemon as an expert witness in the trial.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Judge Declines Eliana Lopez Request to Bar Video in Mirkarimi Trial; Jury Selection Begins",
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"content": "\u003cp>Laird Harrison is at the Ross Mirkarimi trial today and reports the following: \u003c/p>\n\u003cp>Judge Garrett Wong dismissed a motion by the lawyer for Ross Mirkarimi's wife, Eliana Lopez, to bar video of her on the night of his alleged attack as evidence in the trial. The video shows a bruise on Lopez's arm, which prosecutors say she suffered in a fight with her husband on New Year's Eve. \u003c/p>\n\u003cfigure id=\"attachment_58029\" class=\"wp-caption alignleft\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"250\" height=\"187\" class=\"size-medium wp-image-58029\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi has been charged on one misdemeanor count each of domestic violence battery, child endangerment, and dissuading a witness from testifying.\u003c/p>\n\u003cp>Lopez's attorney, Paula Canny, argued that the video, recorded by Lopez's neighbor Ivory Madison on the night of the incident, falls under attorney-client privilege, since Lopez thought Madison was an attorney. In Lopez's birthplace of Venezuela, Canny said, lawyers can practice upon graduation from law school. Madison never passed the California bar. \u003c/p>\n\u003cp>But Judge Garrett Wong struck the motion down on the grounds that Lopez does not have standing in the case since she is not the defendant, and due to lack of evidence that Lopez thought Madison was an attorney. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lopez's attorney also filed a motion to sanction the prosecution over releasing \u003ca href=\"http://abclocal.go.com/kgo/gallery?section=news/local/san_francisco&id=8557339&photo=1\">photos\u003c/a> taken from the video of Lopez's bruise, images that wound up being disseminated by the media. The release of the photos was an attempt to intimidate and coerce Eliana Lopez into testifying, Canny asserted. The judge again ruled she had no standing to make that argument. \u003c/p>\n\u003cp>Judge Wong had previously struck down a request by Ross Mirkarimi to have the video excluded on the grounds that it's hearsay. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jury selection begins this afternoon. There will be a very large pool of over 100 potential jurors. \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Laird Harrison is at the Ross Mirkarimi trial today and reports the following: \u003c/p>\n\u003cp>Judge Garrett Wong dismissed a motion by the lawyer for Ross Mirkarimi's wife, Eliana Lopez, to bar video of her on the night of his alleged attack as evidence in the trial. The video shows a bruise on Lopez's arm, which prosecutors say she suffered in a fight with her husband on New Year's Eve. \u003c/p>\n\u003cfigure id=\"attachment_58029\" class=\"wp-caption alignleft\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"250\" height=\"187\" class=\"size-medium wp-image-58029\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi has been charged on one misdemeanor count each of domestic violence battery, child endangerment, and dissuading a witness from testifying.\u003c/p>\n\u003cp>Lopez's attorney, Paula Canny, argued that the video, recorded by Lopez's neighbor Ivory Madison on the night of the incident, falls under attorney-client privilege, since Lopez thought Madison was an attorney. In Lopez's birthplace of Venezuela, Canny said, lawyers can practice upon graduation from law school. Madison never passed the California bar. \u003c/p>\n\u003cp>But Judge Garrett Wong struck the motion down on the grounds that Lopez does not have standing in the case since she is not the defendant, and due to lack of evidence that Lopez thought Madison was an attorney. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lopez's attorney also filed a motion to sanction the prosecution over releasing \u003ca href=\"http://abclocal.go.com/kgo/gallery?section=news/local/san_francisco&id=8557339&photo=1\">photos\u003c/a> taken from the video of Lopez's bruise, images that wound up being disseminated by the media. The release of the photos was an attempt to intimidate and coerce Eliana Lopez into testifying, Canny asserted. The judge again ruled she had no standing to make that argument. \u003c/p>\n\u003cp>Judge Wong had previously struck down a request by Ross Mirkarimi to have the video excluded on the grounds that it's hearsay. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jury selection begins this afternoon. There will be a very large pool of over 100 potential jurors. \u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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