Prosecutors subpoenaed photographs from the San Francisco Chronicle of Ross Mirkarimi and his wife Eliana Lopez taken more than eight months ago as evidence his domestic violence case.

Mirkarimi was charged on Jan. 13 with misdemeanor violence battery, child endangerment and dissuading a witness, and was ordered by a judge to stay away from Lopez and their 2-year-old son, Theo.

He was in court Thursday when a judge denied his effort to modify or remove a stay-away order preventing him from contacting his wife or son in the wake of a domestic violence incident on New Year's Eve.

The district attorney's office won't say why it has subpoenaed the Chronicle photos.

One of the photos was taken May 3, when Mirkarimi announced his candidacy for San Francisco sheriff.

The picture includes Mirkarimi, his son and Lopez in a sleeveless dress.

A source told KTVU investigators may be checking the photo for possible scratches or bruises on Lopez.

Mirkarimi's attorney, Lidia Stiglich, said in a phone interview that the subpoena was a "fishing expedition to bolster a very weak case."

Mayor Ed Lee said Friday he has concerns Mirkarimi can continue to fulfill his job as sheriff until his legal issues are resolved.

"It's a very hard situation," Lee said. "There are so many proceedings. You have to admit there's got to be some level of distraction here."

Since a judge issued a protective order, Mirkarimi has been staying with different friends, including former San Francisco mayor Art Agnos.

"The thing that helps him the most, I think is focusing on his job as he has been so he doesn't have to think about the pain of not being with his family, which he thinks about every night," Agnos said.

Agnos added that he sees no reason why Mirkarimi should step down from his duties.

"He works every day, 12 to 14 hours a day," he said. "He's a hard worker and he is continuing that on the job."

Mirkarimi's trial was expected to begin Feb. 24. Stiglich said the sheriff has undergone counseling sessions since his arrest.