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Wednesday, May 22, 2013 | 9:21 p.m.

Posted: 2:43 p.m. Tuesday, May 15, 2012

Judge: City can present Mirkarimi abuse video to ethics commission

Lopez video image bruise
Lopez video image bruise

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.

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