Wednesday, May 22, 2013 | 9:21 p.m.
Hi, (not you?) | Member Center | Sign Out
Posted: 2:43 p.m. Tuesday, May 15, 2012
KTVU And Wires
SAN FRANCISCO —
A video of the wife of suspended San Francisco Sheriff Ross Mirkarimi showing a bruise on her arm can be used in an ethics hearing that will determine his fate, a judge ruled Tuesday.
On the tape, Eliana Lopez is seen crying and pointing to a bruise on her arm that she said was caused when Mirkarimi grabbed her during an argument. The video was shot by a neighbor who gave it to police.
Lopez had objected to use of the tape as had Mirkarimi. However, San Francisco Superior Court Judge Garrett Wong rejected their arguments and ruled in the city attorney’s favor.
After the neighbor, Ivory Madison, called police to report the incident, Mirkarimi was eventually arrested two weeks later and the video was the central piece of evidence in the prosecution's case against him.
Just before the case was set to go to trial, Mirkarimi pleaded guilty to a misdemeanor charge and was sentenced on March 19 to three years' probation and other penalties.
Two days later, Mayor Ed Lee suspended Mirkarimi without pay on official misconduct charges.
The suspended sheriff has a right to a hearing at the city's Ethics Commission and later the Board of Supervisors, which will ultimately decide whether to uphold the charges and remove Mirkarimi from office.
Lopez's attorney Paula Canny has been critical of the city's attempt to use the video in the suspension proceedings, saying it "smacks, to me, of an effort at character assassination" and said it would serve to re-victimize her client.
However, Mayor Lee said he thought it was important to include the video in the public record because "it does allow people to view what happened at that time." The battle over the video comes in advance of the next Ethics Commission hearing on May 29 on the Mirkarimi case. The hearing is expected to only address rules and procedures for the proceedings, which could take months.
© 2013 Cox Media Group. By using this website,
you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices
.
Already have an account? Sign In
{* #registrationForm *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Already have an account? Sign In
{* #registrationFormBlank *} {* registration_firstName *} {* registration_lastName *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddressBlank *} {* registration_birthday *} {* registration_gender *} {* registration_postalZip *} {* traditionalRegistration_passwordBlank *} {* traditionalRegistration_passwordConfirmBlank *} {* agreeToTerms *}We have sent you a confirmation email. Please check your email and click on the link to activate your account.
We look forward to seeing you frequently. Visit us and sign in to update your profile, receive the latest news and keep up to date with mobile alerts.
Don't worry, it happens. We'll send you a link to create a new password.
{* #forgotPasswordForm *} {* forgotPassword_emailAddress *}We have sent you an email with a link to change your password.
We've sent an email with instructions to create a new password. Your existing password has not been changed.
To sign in you must verify your email address. Fill out the form below and we'll send you an email to verify.
{* #resendVerificationForm *} {* resendVerification_emailAddress *}Check your email for a link to verify your email address.

You're Almost Done!
Select a display name and password
{* #socialRegistrationForm *} {* socialRegistration_displayName *} {* socialRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Tell us about yourself
{* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} {* agreeToTerms *}