by Marvin Ramírez and wire services
Above: Sheriff Ross Mirarimi thanks the support he has received from the community. Below: Eliana López testifies at the San Francisco Ethics Commission. (PHOTOS COURTESY LUKE THOMAS, FOGCITYJOURNAL.COMvention)
ANALYSIS/OPINION – A marital dispute, that dragged on for six months, pitting the San Francisco political machine against the recently-elected San Francisco Sheriff, Ross Mirkarimi, has been extended until August 16.
At a cost costly trial utilizing taxpayers money, Mirkarimi is being charged with official misconduct for leaving a bruise on his wife arm after an argument. The official action for such a minor incident has made many wonder if there are any ulterior motives on the part of Mayor Ed Lee and his political ‘apparatus.’
After two days of testimony that ended Thursday night, July 19, the San Francisco Ethics Commission will reconvene next month to decide whether to strip Mirkarimi of his position after a solid win in last fall’s election for the position.
“Official misconduct,” as defined in the City Charter, is already a term so confusing and convoluted, that even the commissioners and lawyers involved are not clear to how to prosecute or defend, and whether it even applies to Mirkarimi’s case.
Mirkarimi was charged nearly six months ago with domestic violence against his wife, Eliana López, a native of Venezuela, after Mirkarimi allegedly held her right arm so strongly during an argument, as to leave a visible bruise.
A video taken on the suggestion of López’s neighbor, Ivory Madison, who identified herself to as a lawyer-friend, would be saved as evidence in a possibility of a divorce. Madison called the police against the will of López, causing the arrest of the sheriff, which lead to three misdemeanor domestic violence-related charges.
Mayor Lee consequently brought the official misconduct charges against Mirkarimi after he pleaded guilty to a lesser charge of involuntary imprisonment, which, in his case, seemed to mean preventing his wife Eliana López from leaving the house during the incident, which occurred during a New Year’s argument between the couple. Lee suspended Mirkarimi without pay in March, while according to witnesses, the mayor allegedly offered him another city position – through a third party – in exchange for his resignation, which caused the defense to accuse the mayor of perjury.
Mayor Lee was caught in a contradiction during his testimony under oath in this regard. (The Ethics Commission denied the defense to subpoena the witnesses, including Mayor Lee).
Mirkarimi declined to resign, and instead decided to fight the charges, claiming that the incident was not domestic violence and that it did not amount to “official misconduct,” citing repeatedly that the incident was a private and personal matter between himself and his wife.
To avoid damage to his career and further stress on his family – he and López have a three-year-old son, Theo – and a painful trial, Mirkarimi pleaded guilty to one charge of false imprisonment in March, thinking the matter was settled and he could get back to his new job serving the City of San Francisco, according to sources.
But instead, the mayor charged him with official misconduct, a charge that if found guilty, would strip Mirkarimi from the sheriff position.
Because the judge prohibited husband and wife from seeing or communicating with each other, Mirkarimi and López have not spoken to one another since March. At press time, they were asking the court to lift the protective order so the couple could live together again. Experts predicted that the order would be lifted. Previous Sheriff Mike Hennessy, now retired, many deputies, and a huge segment of the public, including Hispanic and African American community leaders, have come out in support of Mirkarimi.
As previously reported by KPFA, social justice advocates are asking what is to become of San Francisco Sheriff Mike Hennessey’s groundbreaking legacy of redemptive rather than retributive justice if newly elected Sheriff Mirkarimi is forced from office. Upon his retirement, Sheriff Hennessey endorsed then Supervisor Ross Mirkarimi to take his place.
After Mirkarimi’s decision to plead guilty to a misdemeanor in the domestic violence trial, which would allow him to legally remain in office, the San Francisco Chronicle reported this conversation with Hennessey: “My opinion is that he should remain in the job and be given a chance to show what he can do with the office. I think he’s being punished accordingly by the justice system,” said Hennessey, who has been lauded by victims’ advocacy groups over the years for domestic violence services and programs that began under his watch.
While admitting guilt to the crime of false imprisonment is serious, Hennessey said, it should not automatically disqualify Mirkarimi from holding office. “During my time as sheriff, I hired many people with criminal records who have done outstanding jobs for the department.
“Oftentimes, you have to look at the whole issue of rehabilitation and redemption, he added. KPFA Weekend News Host Cameron Jones said “San Francisco Mayor Ed Lee suspended Sheriff Ross Mirkarimi this week, after Mirkarimi brought his costly and sensational trial on domestic violence charges to an end by pleading guilty to a single misdemeanor charge – false imprisonment – which, in his case, seemed to mean preventing his wife Eliana López from leaving the house during a New Year’s argument. López has repeatedly asserted that her husband did not abuse her. Mayor Lee demanded that Mirkarimi resign, even though the misdemeanor conviction does not legally oblige him to do so.
When Mirkarimi refused, Lee launched an untested procedure to force him out. If the City’s Ethics Commission refers a decision to the San Francisco Board of Supervisors, it will require 9 of the 11 supervisors votes to oust Mirkarimi. KPFA’s Ann Garrison has this report on the pushback against Mayor Lee, in support of Mirkarimi.
Why is Mayor Lee acting so coldly, heartlessly and without mercy in this case?
Let’s not forget that the Sheriff position is the highest authority in the county, and the only constitutional authority. The rest are corporate code and statute enforcers.
In other words, money collectors for the international creditors: the international bankers. And I bet you, there is a lot of corruption in the City government, but is hard to prove. Have you noticed why the Sheriff doesn’t go around giving people tickets?
