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Jeff Chiu / AP
San Francisco Sheriff Ross Mirkarimi and his wife Eliana Lopez leave City Hall in San Francisco on Jan. 13. A prosecutor has charged the newly sworn-in sheriff with misdemeanors, including domestic violence, related to a New Year's Eve incident with his wife.
In another blow to San Francisco’s newly elected sheriff Ross Mirkarimi, a judge has refused to lift an order that prevents him from contact with his wife and 2-year-old son.
Mirkarimi -- inaugurated less than three weeks ago with wife and son at his side, and now embroiled in a domestic abuse case -- called the decision on Thursday "enormously crushing" and "disproportionately cruel," according to a report in The Bay Citizen, a nonprofit news site.
The legal case promises personal and political drama fit for afternoon soaps, starting with Mirkarimi's reputation as fiercely liberal --even in the context of progressive San Francisco -- and prone to hotheaded tirades against his staff. Witnesses will include an ex-girlfriend whom the politician dropped in favor of a Venezuelan actress who is now his wife and the alleged victim of abuse. The prosecutor in the case is well known as Mirkarimi’s political adversary.
The abuse allegations go back to a New Year’s Eve fight between Mirkarimi, 50, and his wife, Eliana Lopez, 36. According to court documents, Lopez went to a neighbor the next day and tearfully confided the story about a heated argument in which an enraged Mirkarimi grabbed her with such force it left a large bruise on her arm.
Lopez didn’t report the incident to the police, but neighbor Ivory Madison did. According to court documents, Madison (identified as "the reporter") said she helped make a videotape of the story and Lopez’s bruised arm in case Lopez needed ammunition in a custody battle over the couple's son, Theo.
According to her, Lopez said: "I told Ross I want to work on the marriage, we need help, I been telling him we need help and I’m going to use this just in case he wants to take Theo away from me because he did said (sic) that he is very powerful and can do it."
District Attorney George Gascon is pursuing the case. On Jan. 13 — just days after Mirkarimi, Lopez and Theo appeared together in a glittering inauguration event — Gascon issued a warrant for Mirkarimi’s arrest on three misdemeanor charges: domestic violence battery, child endangerment (because the child was present for the dispute) and dissuading a witness.
In a statement, San Francisco Mayor Edwin M. Lee called the charges against Mirkarimi "extremely serious and troubling." The mayor questioned Mirkarimi's ability to keep the sheriff's department running while juggling the legal case, but did not move to suspend him — which would require a vote by the Board of Supervisors. "I must also ensure that we do not take steps that undermine the integrity of the criminal justice proceedings underway," the statement said.
Paul H. Fitzgerald, president of the National Sheriff’s Association, spoke to msnbc.com about the case, emphasizing that Mirkarimi is innocent unless the court decides otherwise. In the meantime, he said, the case will make it tougher in all his dealings -- with subordinates, politicians and constituents.
"There’s certainly a taint to it … especially for the chief law enforcement authority,” he said. “He going to have a challenge because as I understand it he is new to the office. He didn’t come up through the ranks."
Mirkarimi’s was elected in November after serving seven years on the San Francisco Board of Supervisors, representing the Haight-Ashbury and Western Addition areas of the city. The son of an Iranian immigrant father and a Jewish-Russian immigrant mother, the sheriff is known for advocating environmental causes, legalization of marijuana, gun control and minority rights. He co-founded the Green Party of California in 1990, and worked for Ralph Nader's 2000 campaign for president. He left the Green Party to become a Democrat in 2010.
In the run for sheriff, Mirkarimi touted his background as a police academy graduate and work as an investigator for the district attorney before his tenure on the Board of Supervisors. He was well known to voters, but his election victory came without much support from cops. The San Francisco Sheriff’s Association overwhelmingly endorsed his opponent, Capt. Paul Miyamoto — one of their own.
"If the rank-and-file didn’t want you there, you’re starting at a deficit before you get some domestic abuse charges," said Josh Richmond, politics reporter for the Bay Area News Group. "I can’t imagine how their staff meetings are going."
Mirkarimi's wife not cooperating
Mirkarimi — who was released on $35,000 bail -- has denied the abuse charges. He has rejected the idea of taking leave while charges are pending, but said he would forego salary during the days spent on trial. He has been forced to turn over his guns to authorities.
Lopez -- the alleged victim in the case -- rejects the case against her husband, and says he is the victim of a politically motivated attack. She has publicly protested the restraining order prohibiting Mirkarimi from having contacting her and their son.
Beck Diefenbach / Reuters
Eliana Lopez, wife of San Francisco Sheriff Ross Mirkarimi, talks to the press following the arraignment of her husband's domestic violence case at the San Francisco County Court House on Jan. 19. Lopez is protesting domestic abuse charges against her husband that keep him from contacting her or their son Theo, 2.
Lopez reportedly said that the domestic abuse charges are part of an effort by "the richest people in California" to ruin her husband.
"Everybody believes that politics in the United States is very transparent … It’s very dirty, really, and there are many hidden interests at play," she told the Venezuelan news website Noticias 24 when the charges were filed. The comments were translated and reported by the San Francisco Chronicle.
But in California as in many states, the state can pursue domestic abuse charges even if the alleged victim does not or if the alleged victim files charges and then drops them — which is fairly common.
Dueling politicians?
Although Lopez provided no evidence of foul play, it’s hard to ignore the political dimensions of the case. The prosecutor, Gascon, who is a former police chief, and Mirkarimi, who is a former supervisor, have a history of public animosity — clashing over the handling of immigrants, profiling of Arab Americans, the use of foot patrols and other issues.
"The clash between Gascon, 57, a conservative lawman, and Mirkarimi, 50, a lifelong progressive … has spawned a citywide game of speculation of whose political fortunes may benefit, or be ruined, by this showdown," The Bay Citizen reported. "It is almost impossible to separate the political aspects of the case from the legal issues."
Adding to the intrigue, a former girlfriend of Mirkarimi’s came forward this week, offering to act as a witness in the abuse case. In a police report, the woman, who said she dated Mirkarimi in 2007 and 2008, said that he exhibited a “raging pit bull aggressiveness” toward her and that he had once grabbed her and pinned her against a wall, leaving her arm bruised.
By her account, she and Mirkarimi parted ways in late 2008 after he admitted he had also been seeing a woman from Venezuela and that the woman was pregnant.
In the police report, the ex-girlfriend's name is redacted, but she has been identified by news outlets as Christina Marie Flores, whose name also appears on the witness list for the abuse trial.
A tyrant, but not an abuser?
On Tuesday Mirkarimi’s attorney Robert Waggener, talking about the new allegations by Flores told a throng of reporters that his client was “a bit of a tyrant.”
The comment was apparently intended to address Mirkarimi’s reputation for losing his temper with people — especially his staff. He told reporters that Mirkarimi has “a bombastic personality and occasionally he can be a bit of a tyrant, but he is no abuser.”
On Wednesday, Mirkarimi retained Berkeley defense attorney Lidia Stiglich to replace Waggener for his defense, The Associated Press reported Thursday.
On Thursday, the sheriff was scheduled to be in court seeking a modification of the judge's order to stay away from his wife and son. It was unclear whether his change of defense attorney’s would delay the effort.
Mirkarimi’s abuse trial is scheduled for Feb. 24. If convicted he could face up to a year in jail.
"He needs to have his day in court," said politics reporter Richmond, but he says the political prognosis is still iffy. "Some political consultants say he bungled it enough… by downplaying a serious accusation -- that even if he were to beat the charges… it’s cost him a lot of political capital."
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If the video turns out to be real, then this removes the he said, she said part of the case. If this did happen then he is unfit to hold office and should be removed. Someone who abuses women should not be in charge of those sworn to protect and serve the community
He looks like a dick-wad. Throw the book at him if he hits his wife. Got no use for a man that hits a woman!
Just goes to show you how liberals can be obnoxious, power drunk, blatant hypocrites and butt holes just like the rich and powerful conservatives. They all want to be king. Nobody is fit to be "king" over my realm but ME!!!
LIVE FREE OR DIE!!!
Typical liberal, full of rage and better than thou' I always say far-right far-left, no difference, brothers from another mother.
There never is a 'he said, she said' when it comes to domestic abuse. There is only a 'she said, she said'.
I'm hoping this new sheriff learns a few lessons about the fairness of the system in this regards. He's in for a ride.
I used to mentor people falsely acused. In our particular court system, 50% of the cases of 'domestic abuse' are from people who felt 'harrassed' over a text message sent over the cell phone. These people are lumped up into the exact same category as those who would beat the h3ll out of their wife and leave them near dead.
Here is a wonderful link of someone who was caught up in the whole mess and explains in the end why he protested by literally setting himself on fire outside the courthouse.
http://freekeene.com/2011/06/16/thomas-james-ball-self-immolated-in-protest-of-the-justice-system/
J70141 in Colorado, that sure is a sad story. What's even sadder is the fact that a man who slapped his young daughter multiple times hard enough to draw blood was not found guilty of assault and thrown in jail.
This is not universally true as it is a generalization but all one has to do is look at a man's choice of whom he marries sometimes. Mirkarimi, 50, is head & shoulders taller than his wife (who is probably wearing heels) and is probably twice her weight. Petite, gorgeous Lopez is 36. These men are marrying young beauties not just for status but often men marry women much younger or much smaller or women from other countries (especially male dominated countries) because they feel they can control them or because they have issues.
That is a bad thing, given that there are a lot of abusive women feeling so entitled. These former girl friends, mistresses and exs surfacing when a guy gets higher in his profession should only looked at as giving a glamor edge to the news, and no more. Complain when you think you have been abused, rather than waiting till the guy gets famous.
In this case, though, it is more like 'she didn't say, a political rival said' - conservatives are the society's losers.
Most victims of domestic abuse WILL defend their abusers, until the abuse becomes more than they can endure....or they are killed by them. She needs to ask herself, how would she feel, if he starts to abuse their CHILD.... and NO ONE will believe her, if she reports it?
If they are so concerned about what this looks like, and he did do something, then he could make it all better if he publically announced he was going to get help...did it...and showed everyone by example how to fix this...but, if it's true, he'll just keep denying it...and her bs will only make it harder to go after someone else who does this...
i noticed in the picture one of the guys looks like he's bug eyed with rage...and one guy is nearly flip'n off with some thing in his hand over her head...and one guys wear'n a virgin t-shirt...and the victim wearing a i want daddy t-shirt...oh well...see if you can find waldo...
hot heads are just that; HOTHEADS !!!..i believe, it takes two, too tango, & usually both parties are guilty to some point..true, a woman should not be flogged or faced with corporal punishment.. however, things would more than likely calm down, if she would not bellow the fire or turn on the burner to the; boiling point..both parties must learn to CHILL..how can a successful marraige work out, if both parties cannot; constrain their anger & frustrations..........come on now, it takes 2 bb, it takes 2.......
jeees - that may be true for normal people but some guys like to hit anything that can't hurt them back. That's why they call 'em mean drunks. Of course some guys don't even need to be drunk, they just wail on an innocent victim because they had a bad day. We don't know which of these 3 scenarios are at play here (2 hot heads or one).
About the lead comment in this thread ... baloney! If the woman made a video it doesn't make it accurate, it means she was clearly calculating for an advantage in a legal suit to gain custody just like the alleged "reporter" said.
Hopefully this will highlight the unfortunate reality that women know and understand the damage they can do to their spouse with such an allegation and misuse this area of the law everyday in custody suits.
I once saw a case of a huge military man begging a judge to please drop the case against his little 4 ft pregnant wife. This was likely a case of a hormonal change in the pregnant woman. I'm sure this huge military man wasn't defending his spouse "until the abuse becomes more than he can endure". Since the judge is legally restricted from dropping the case, she pleaded guilty. Since a DV conviction means no more guns in the home, he either had to live seperately, divorce, hide the gun, or lose his job in the military.
50% of cases of 'Domestic Violence' in my area are 'harrassing' text messages sent via cell phone. These same cases are treated exactly like the wife beaters. They all get the same 'counseling' and 'classes' and 'suspended sentences' and the lifetime criminal record of being a domestic violence conviction. Even if they never lifted a finger against the person.
That is an interesting concept for the couple that I saw once in court that were there because they had a 'water fight'. Yup, they splashed water on each other. That was the 'Domestic Violence' going on.
The first thing that the DA and police do is seperate the victim from the accuser. In this case actually, they are both victims of the system already. They threaten the accuser, saying they will take the children away if he/she doesn't testify against the spouse. They threaten the accused, saying more charges will apply if he/she talks to his/her spouse.
While the two are seperated and cannot talk to each other, the DA and several other groups swoop in for the kill. The accused is DENIED access to an attorney UNTIL the DA has had his chance. They continue to tell him that the attorney is only provided AFTER the initial hearing. By then:
1. Child services have swooped in and interviewed the children at school, absent of the parents.
2. DA has swooped in and offered a quicky deal with the accused, listing him forever as DV offender.
3. DA has swooped in on the accuser and has threated him/her with loss of children unless they testify.
4. A mandatory restraining order is put in place to prevent further communication between the two.
If at any time the accuser denies or changes the story, regardless of the circumstances, a psychologist who has never met nor interviewed the accuser will come in and tell the court that the accuser is nuts, based on all the abuse that has taken place. (which is where your fantasy island story is probably based on) and they will further tell the court that the accuser has no idea what is good for 'this grown and educated adult', and that it is the government's responsibility to decide for him/her.
In the mean time the accused is certainly pissed at the accuser and with no communication going on, what was once a loving marriage ends in divorce because the two had a 'water fight' and got caught up in the system.
Does this case - or any case involving criminal behavior by a cop - surprise anyone? ALL cops are scumbags.
really cops are chickens. give them a gun and it makes them think they are above the law. this is more common than the public knows..prosecute there buddies ...I THINK NOT.
Boy I am sure glade some of you didn't see my wife's arm when I grabbed her to keep her from falling down the steps, and I didn't even have to pull hard for her to get her balance back. You see she bruises easy. She can walk into something and will get a bruise.
Jeeeeesus: I agree, it takes two to fight, but it takes 1 strong man to kill or main women and children. They usually regret it later, but ... there they are.
Just sayin'...
he better be nice to her. that dlck. and goodness she's pretty. ....hey dude ...don't hit girls!
He will get off. It is so sad but so true. If you are public figure you can get away with so much more. We have a a Chief of poilce get 2 DUI in one day and they did not want him to leave his post.
Last year we had a firefighter that beat his wife in front of his kids and they called 911. He was order to take classes over a 2 year period. And yes you know the charges will be dismissed.
The worst of this story is that the wife is taking up for the husband. He has said he was sorry and she fell for it. I hope that his child don't turn out the same way.
The charges weren't dismissed if he was ordered to take classes. He had to fulfill his obligations as he had a misdemeanor. If he doesn't it will be very much worse for him.
Newbie George Gascon was a perfect foil for our Sheriff Joe Arpaio, and not an effective law-enforcement representative down here in Mesa, AZ before his move to SF http://seeingredaz.wordpress.com/2009/05/14/mesa-police-chief-gascon-longs-to-bid-adios-to-valley/
Am fairly certain politics have alot to do with Gascon's charges vs. Sheriff Mirkirimi, but then that is how Gascon likes to play.
Yep a DV charge will ruin your whole life. By the US Constitution you have the right to face your accuser in the Court of Law, but in a DV case being taken up by the State. There is no Accuser, its one of many illegal Laws on the Books. YOUR GUILTY unless you can prove your Innocent of the charges. Yet how can you prove your innocent when you don't have the accuser there in person if the accuser has become the state.
DV=Guilty. Even if Innocent, 99 out of 1000 times you will be found guilty no matter what...
Actually, there is an accuser, the government, by using your logic there can be no murder trials since the accuser would be dead ( note exceptions for zombies).
The accuser is the state because in many instances a victim of domestic violence is to afraid to face the accused. In this instance, the alleged victim sought out a neighbor and made a video detailing her abuse. Whether or not she has been manipulated to not press charges is up to the court. I don't necessarily agree that YOU'RE GUILTY unless you can prove you're innocent of the charges in domestic violence cases. In all criminal proceedings the state takes on the role of "the people" and many times the accuser does appear in court or give a statement. The state isn't going around looking for quarrels among married couples, it's brought to them.
Yes but what you fail to understand how can you cross examine the STATE. YOU cant why no one is going to be on the witness stand... OPPS I guess you missed that part....
Danaa in a Murder trial you can have witness, Experts, and Evidance. In a DV case some accused you of a CRIME, yet if the accuser becomes the STATE there is no one in the Witness stand to Cross examine..
In a DV case someone....EDIT
Wrong,,,wrong---In the DV case the attorney for the State can be cross examined.
If he's a Police Academy graduate then why wasn't he recruited by any bay area city police depts? Do they know his background that wasn't available to the public? In DV cases most victims are in " love" with suspect even tho there are bruises, victim don't want to testify due to suspect promise victim he'll change and for victim not to proceed with testifying. For Eliana Lopez Venezuelan law is more murkier no transparency more bribery.
@Frisky;
The only way out of a Domestic Abuse charge is by the 'accuser' keeping tight lipped and saying nothing. Not showing up for court, not answering the phone, not giving statements. Just a long silence. Most of the time then, they will eventually drop the charges.
If the 'accuser' at any time denies the charges and/or changes their story, the court brings in a 'counselor' to testify about how mentally abused he/she (usually she) is and that is why he/she is protecting the spouse.
The police have a mandatory arrest if a call is made, the prosecutor has a mandatory 'no-drop', and the judge has a mandatory 'no dismissal'. The only way after all that is by jury. I literally stood there once and saw a blind man being accused of domestic violence, which was only dropped because the prosecutor had troubles trying to figure out how to prove a case of domestic violence against a blind man. (The prosecutor is only allowed to request dismissal if he has no case at all, such as the witness refusing to speak to them or testify; or in this case, a blind man).
Or if the woman is the perp and the man is the victim. Then the DA will decline to prosecute.
Now she doesn't want to cooperate, but she started this whole mess. I hope he didn't abuse her, but if he did, he deserves to be punished.
He really messed up.My friend was charged with D abuse and can not have any guns in the house.What's a sheriff without a weapon..Unemployed,that's what..
This former SF board of supervisors member; staunchly pro Marijuana, hyper anti gun advocate. Had three guns taken away as result of the charge. Another prime example of liberals that don't want the populace to be able to access arms, but will arm themselves. The liberal mantra change the system from within the system exposed again. Why become a Sheriff if your so anti gun?. You should live out here. The rest of the country has no real concept of the level of loonesy that runs this area.
Yeah? What kind of loonesy is it, exactly?
im a so called liberal but i do support the right to keep and bear arms...just saying also my wife is conservative and doesnt support the right to have firearms
Mr. Anderson...... I am a fiscal conservative and a very very social liberal ( as long as what you are doing is NOT criminal and you are not asking me to monetarily support it). My husband is a staunch conservative ( He would make Rush Limpd*ck look like a liberal) and we both support the right to have and bear arms. So the folks with the talking points of " You liberals" need to stuff a sock in it and really truly get a clue.
Heck I hope he does time for being anti-gun. Communist prick.
Clearly, based on his background, the guy has no business holding any important office, much less one in law enforcement. Only the idiots in SF would elect such a tool, and now it turns out they've elected an abuser to hold the top law enforcement job. LOL @ SF morons.
I've been a criminal defense lawyer in the San Francisco Bay Area for over 33 years, and have handled hundreds of domestic violence cases. None of you seem to have the faintest idea what you're talking about.
You keep referring to an accusation or accuser in different senses. In most DV cases, the alleged victim calls the cops to complain and accuses the alleged perpetrator of doing something that caused an injury called a "traumatic condition," which in plain English means a bruise, a cut, or even a more serious injury, like a broken bone. The case filed in court is based on legal accusations or allegations made by the party in every criminal case, the People of the State of California. In California, criminal cases are public, not private, cases brought in the name of the People of the State of California. The state is the party seeking to enforce penal laws against the defendant, who, in some fashion or other, who accuse the defendant of "violating the peace and dignity of the People of the State of California." In DV cases, the alleged victim is usually referred to as the complaining witness; normally, she or he is the main witness for the People.
However, as the article notes, for a variety of reasons (risk of losing out financially, adverse job consequences [e.g., those convicted of DV can't have guns, so cops, security guards lose jobs), possible deportation of the accused [DV is considered by ICE as deportable crime], change of heart) sometimes complaining witnesses try to retract their accusations or don't want to testify in the prosecution of the defendant. In this case, Lopez wanted to have it both ways that serve her personal interests. She went to her neighbor, told the neighbor what had happened, and cooperated in allowing the neighbor to film her injury. She did this to retain custody of her child, the removal of whom Mirkarimi may have threatened in order to dissuade her from going or talking to the cops.
Later, Lopez gave her "I'm no victim, this is a politically trumped up charge" statements to the cops and still later to the press that are contradicted by what she had reported to the neighbor. She will be called to the stand by the prosecution, she'll probably say nothing happened, and then she'll be cross-examined by the prosecutor who called her to the stand with her statements to the neighbor and the film made by the neighbor. It's called impeaching your own witness. Such evidence is accepted by the court even though it is hearsay because a prior inconsistent statement is an exception to the rule that excludes hearsay testimony at trial.
Another possible twist would be that Lopez tries to invoke her right to remain silent because her testimony may tend to incriminate her (giving false statements to cops is a crime in California). If that were to happen, the prosecutor would probably respond by offering Lopez immunity from prosecution so long as she testifies truthfully. If that happened and Lopez refused to testify, the trial judge could find her in contempt of court and throw her in jail for the duration of the trial until she changed her mind and agreed to testify.
On the other hand, if she were to change her mind again, she'd probably disclose that Mirakimi threatened to use his power to remove the child from her custody, and then he'd wind up with a felony charge for dissuading a witness, which is a "strike" under California law.
In any event, the People would still have to persuade all 12 jurors that Mirakimi was guilty of the charged offenses beyond a reasonable doubt as in any other criminal case before a jury could return a verdict of guilt. There is no special exception from this general rule for all criminal cases for DV cases.
And Robert, follow this is if your puny intellect can keep up. Mirakimi was elected Sheriff on November 8, 2011. The DV case came to light until January 13, 2012. It follows that the San Francisco voters couldn't have considered the current charges before the election. It sounds like you think it odd that San Franciscans would elect a progressive politician like him because you think his progressive label is something should disqualify him from public service. Your less-than-penetrating observations are as ridiculous as you are.
Well Said!
Marowitz - Robert said it turns out they've elected an abuser. I take what he said was based on the Sheriff's political background, he meant not ever serving as a police officer. I think maybe you are assuming to much and maybe your taking offense to someone saying San Franciscans are morons affected your thinking. Because you are an attorney means you are of superior intellect? Think again.
Great dissertation on the defense of why this garbage case is going to cause SF a fortune. Just a few little elements you failed to disclose:
All cops have the right to exercise discretion.
All D.A. have the right to exercise discretion.
Most importantly, Judges have the right to exercise discretion.
This case is demonstrative of how the "discretionary power" of a judge and a D.A. could easily be misused for political purposes.
I fail to see evidence or allegation of evidence establishing a basis for the D.A. to object/move to denying the father in this case contact with his child. I don't have the benefit of the record but if this were my city I'd be wondering why the judge in this case would deny contact with his child. The facts even if true described in this very biased article do not support such a finding.
Garbage case.
Obviously, not the sharpest tool in the shed....
The guy is just doing a job no one else will do, and look what it gets him! To say he has no qualifications ignores the SFPD's policy of non-invasive backgroud checks or criminal background which I applaud. I'd rather an abusive latino than a white dude that cannot speak spanish. Let's assume his innocense.
Spanish is NOT the language of the USA. Real immigrants are required to be able to read, write, and understand english. Those who want the "culture" of the country they left should go back to that culture they love in the country they ran from because of the trashy "culture".
Still trying to pass your ignorance off as knowledge, Mike? Please tell us where the law requires immigrants to "be able to read, write and understand English." In the "World According to Mike?" Most immigrants don't "run" here to escape a "trashy culture," but instead risk crossing the border out of economic necessity. If there were enough jobs in Mexico, El Salvador, etc., they wouldn't be here. For Latinos, it's all about the jobs and the money they get from them that they use help them and their loved ones to survive, you racist pig.
Trashy culture? Take Mexico for example, our leading source of immigrants now. Do you consider "Pan's Labyrinth" by Benicio del Toro to be a product of a trashy culture, compared to "Jersey Shore"?
Michael L. Marowitz,
Sorry, but you just disqualified yourself as credible when you stooped to calling Mike a racist pig. You're starting to come across as a wee bit self-righteous. Oh, and try reigning in your superiority complex, it's unattractive.
You state;
I would be pleased to help you on that score by pointing out that yes, you must "Have the ability to read, write, speak, and understand simple words and phrases in English."
Please check it out for yourself, it's number 7 on the list.
http://www.visaus.com/citizen.html
kai - I guess Marowitz makes his own laws. I also have to laugh how this intellect resorts to name calling to get his point across. Not the defense lawyer I would want in my corner, he has no self control.
Me either, Gary. He reminds me of a school yard bully.
You can't assume his innocence. No one else gets that in a DV case. It would look like he was calling in a favor from the judge or he was getting favored because he was a politician.
Michael L. Marowitz, you are suspended for a week for violating rule # 1 of the Code of Honor.
You know the rules.
The old Lady denies everything as She's afraid of losing His big fat paycheck and pension as well as the other perks of the office. It's all about power & money. If She made the video, She was obviously afraid of violence and child custody, but $$$ wins every time.
This is a sickening attempt to slander someone who vowed to end abuses of inmates in jail. I hope a federal probe is launched to look into Cheif Gascon (definately dirty).
Clearly a case of prosectutoral retaliation.
Yep; she bruised herself just for the fun of it???
If you have any evidence Gascon is dirty, please share. If not, stop dragging his name through the mud.
@HShaver
Yep Gascon = Dirty Cover-up Cop
@Mike
Have you actually seen any pictures? Or are you blowing hot air?
"fiercely liberal", now that 's funny.
Ever heard of the Log Cabin Republicans?
Thanks pagan ..... I was getting ready to blog that myself.
Because Frisky .. YOU IMPLIED that there were NO GAY CONSERVATIVES OR THAT THEY DO NOT ENGAGE IN DV!!!!!!!!!. So yes it does NEGATE YOUR point.
Sheriff or not, if he is guilty, he better go to jail like the rest of us. That probably wont happen tho, you know how they play favorites. The wife on the other hand, better not let him get away with it. Look at what the other ladyfriend said. There are those he works with saying the same thing. Clearly, this guy has a problem and needs to deal with it.
I hate politics......................
That cop/court baliff or sheriff deputy tothe left is staring down one reporter like he wants to kill him. Probably muscle for the Sheriff to back up his wife. His wife doesn't know how much damage she is doing to other domestic violence victims. If this is a political attack, then why go do a video of this in the first place and cry about it. It's because she knows he's a powerful man and he probably said to her if you say anything about this I will take your son away from you. And now he's "convinced" her to change her tune and she's out there saying he didn't do nothing wrong.
She wanted more power and control over him so to bring him down a peg or two, to re-balance the balance of power because she needed more for herself, she pissed him off pushing him to lose self control, he got physical, she made herself an evidence video with a neighbor witness and voila. Now, she just realized that she sabotaged the life and material well being of the man(and herself of course) she "loves" so she turns her story again to the press. Soon she'll turn again and testify against him in court when requested because ultimately she's in it for the power she can get and will not take any chance of tarnishing her reputation. it's going to turn in to a clear case of him versus her, and from her perspective he is going down( but with love of course). I've seen that scenario before. it's almost common in relationships. funny to me how the Law criminalized it, what a racket. I guess risk of injury or death justifies it. All the things the Law does for our good......
It's probably about money. Maybw he's paying her off or maybe the wifey is afraid of losing pensions or insurance. Or maybe she's tired of having her skeletons in the closet dragged out in the open. It does a number to the psyche.
That cop/court baliff or sheriff deputy tothe left is staring down one reporter like he wants to kill him. Probably muscle for the Sheriff to back up his wife. His wife doesn't know how much damage she is doing to other domestic violence victims. If this is a political attack, then why go do a video of this in the first place and cry about it. It's because she knows he's a powerful man and he probably said to her if you say anything about this I will take your son away from you. And now he's "convinced" her to change her tune and she's out there saying he didn't do nothing wrong.
He grabbed her arm. Big deal. Its not like he punched her in the face. He should be required to do some anger counseling and thats about as far as it should go.
But that's not enough to meet the requirements of California law, Chopper. Do you have a problem with society being governed by the rule of law?
what if i grabbed you and left bruises? you would cry assult...but its ok 2 do that 2 a woman? get a life+education dummy!
I'd say that too but for a couple things. Their son was present and copies daddy. I know. I adopted a son and it took him a long time to get control of the bad attitude and violence. And this guy, if his girlfriend and the others who know him are not lying, and why should they lie, he has a "pitbull attitude" and did it before.
A bruise...On her arm?????
Throw the bastard away for life...
Men who marry women for sex who want green cards...well... there you go.
Yeah, never thought about the little wife wanting a green card. That might be a factor.
It brings back memories of Drew Peterson, you never know what a person is capable of until it's too late.
Surely he's guilty...
Can't you see that she's hot???
Attention all "foreign" brides: filing a domestic abuse charge is the best way to fast-track U.S. citizenship, the best way to ensure that you get sole-custody of children in a divorce case, and the best way to get numerous government-funded benefits.
It is past time for this V.P.-Biden inspired law to be repealed. Under DV-Laws, arguing with one's spouse is sufficient reason to arrest the spouse for Domestic Violence. Imagine having a disagreement over how to discipline a wayward teenage child. Because of DV-Laws, that verbal spar could cause one to be jailed, and a lifetime of pain.
In my state, Koatz, California, an argument without a physical act is not domestic violence. Domestic violence laws were not inspired by Biden, but rather have existed for at least 25 years, which predates
Biden's ascent to VP by over 20 years. They are enacted by state legislatures, not the federal government. And the punishment for DV's was elevated considerably in California after OJ's acquittal.
in illinios a physical act is dv.. stopping one w/out physical act is unlawful restiant still dv
Maybe Koatz & Marowitz the man should have made sure he found his soul mate to marry not a sex toy? She isn't worthy of treating with respect if she is just a sex toy, is that it? LMAO..What are you clowns smoking? Oh and is that legel in S.F. Mr. Defense Attorney?
@Koatz
You are so dead on. -----> Attention all "foreign" brides: filing a domestic abuse charge is the best way to fast-track U.S. citizenship, the best way to ensure that you get sole-custody of children in a divorce case, and the best way to get numerous government-funded benefits
DV law is probably the most abused area of law. The glory of these cases for the prosecutor is they exploit draconian presumptions established in the law post OJ. But look at the charges in this case... completely overcharged case. Happens everyday across the country just not on such a large platform that the D.A. will have to be questioned about his over charging of the crime.
This D.A. is a politician he should be voted out like one too. I am wondering why this D.A. has not stepped aside and conflicted him self out of this case.
Just remember one thing. A woman can bruise her OWN arms and claim domestic violence. I personally saw 2 woman do this and the poor guy ended up in jail for a year. BTW at the time of the aledged abuse he was overseas and had the passport stamps to prove it - but even that was ignored.
If that's true then the whole judicial system is worthless.
Maybe he should have been more selective on who he married, for better or worse. He got the worst.
If I were that guy I would get an attorney and scream bloody murder till my dieing days!!
That's crazy.
Hell hath no furry like a woman scorned...
How do you know she is furry, she might be shaved like most women seem to be these days. (or at least in porn videos)
LOL
Only in sin city, San Francisco, would you find them putting a man in charge of a department from the Board of Supervisors, dating a woman, getting another pregnant, and then being accused of battery/abuse. The minds of some of those in SF are so far gone, it's pathetic. No wonder that city is so wasted. I don't go there anymore. They have the gay mayor who wants all ........to be married to each other. The people of SF voted him in, unbelievable. The 9th District Court is there, telling the whole state how to live, who to marry, who should get water, etc. Disgusting. They need another 1906 burning.
Wow I am astonished that just because you don't like the city it needs to burn. Does it really justify thousands of death to make you feel better about yourself? What kind of sick sadist are you? Have you ever considered couseling?
Patricia,
I'm a San Francisco native and proud of it. One of the things I like about it is it's tolerance for different kinds of people, different ideas and attitudes, and people who think for themselves, unlike the intolerance and ignorance that you display in your sentences.
1. Mirakimi was elected (not put in charge) in November 2011; the DV charge didn't arise until January 2012; dating one woman and then having relations with another woman, which led to pregnancy, is neither a crime nor an immoral act. It wasn't an issue before the election, and probably wouldn't be if it had been. Your willingness to find fault in that is a manifestation of your closed value system, your intolerance.
2. San Francisco's mayor in 2004, when he encouraged gays to marry, was Gavin Newsom, who's now the Attorney General of California. He's married and now has a child. Before that, he was married to woman who is a New York broadcaster. In between, he had an affair with a woman who was married to one of his campaign managers. He's very handsome, Pat, but gay he's not.
3. There is no such thing as a 9th District Court. In the federal system, there are trial courts, called federal district courts, and there are appellate courts, called Federal Circuit Courts of Appeals. The Ninth Circuit Court of Appeals' main court is located in San Francisco. There is no 9th Circuit opinion of which I am aware that has told "the whole state how to live, who to marry, who should get water, etc." But you're the second conservative nincompoop I've seen today who referred to the Ninth Circuit as the 9th District, so it must be a hot topic of discussion by all those constitutional scholars on Faux News or that indescribably articulate constitutional scholar of renown, Rush Limbaugh. Can you cite us the cases that you believe told California "how to live, who to marry, who should get water, etc.?" I'm guessing not.
Let's face it, Pat, you're a cruel, ignorant, propagandized authoritarian with an attitude. That's about it.
Michael Marowitz
J.D., J.S.M. (Master's in Law with emphasis on constitutional law, Stanford Law School, 1981)
:) nice 1 counseler sorry if my spelling is wrong...oops
Marowitz, I too was born in S.F. and proud of it, but you sir are out of order. I am embarrassed about the Happy Meal law S.F. passed. LMAO..Typical liberal bs that government knows what is best for others and how businesses should be ran. (Balboa High School Dropout, 1972.) Love them Niners & Giants though!
Maybe next time SF burns we should put you in the middle of it, Patricia. That eould teach you the horror those people went through in 1906.
Fatal Attraction...
In SFO a wife can be beaten, but not a 'domestic partner'.
If that is true, what is your point? Are you endorsing gay marriage?
Actually the 9th district court is fuxing up most of the west side of the nation. To be honest, who cares about what happens in the "happy city." What happened to a "flower in your ear, opps I meant hair."
This is just another example of how far our society has sunk, SF is a very interesting place, I wish them to it. I just wish they would keep it at home instead of spreading it across the nation.
I think the 9th district court is in Moscow. They bankrupted California and now work on Oregon. Their backing of every nut that has delusions about humans disrupting the "ecology" Lead to many large manufacturers moving jobs offshore, while the EPA at court instruction spends years in studying the 'what ifs' they use to stop progress. (If they continue to demand the killing of infants in the womb there will not be anyone to work and pay for the overly generous retirements the politicians have spread out for votes. They deserve that.)
You're entitled to your right wing ignorance, Mike, but there are no infants in the womb except in your shallow religious beliefs, which you want to force on everyone else, like all intolerant people. The 9th Circuit Court of Appeals has its headquarters in San Francisco, which a moron like you probably thinks is the equivalent of Moscow.
I'd love to hear how you believe the Ninth Circuit (not the 9th district, moron) bankrupted California. So, please enlighten us with more of your shallowness.
Mike-
I value ethical progress more than progress at destroying the planet we live on, the air we breath, the food I eat, and the water I drink.
Ever seen any pictures from China of some of their rivers, that you can pretty much WALK across or the air quality in Beijing? If you love manufacturing so much, why don't you move to China. If the politicians running this country had any integrity, they'd impose tariffs on goods from countries that are in a race to the bottom in terms of labor and environmental standards.
The world has 7 billion people in it, I think we can afford some "killing of infants in the womb" as you put it. As far as retirement goes, that was a cute concept back once upon a time, but it looks like that is going the way of the dodo bird for future generations. And the religious fanatics who opposed abortion are the same religious fanatics who opposed birth control, even for married couples. Go read up on Griswold vs Connecticut to see where we once were.
So, if one doesn't agree with you they become ignorant, religiously shallow, intolerant, a moron, and more shallow yet.
Besides the 9th Circus being headquatered there, isn't it a funny coincidence that the NAMBLA from there, as well?
Sounds like a great place.
Enjoy!!!
Marowitz, The only guy with original ideas in S.F. is Michael savage, you son appear to be one of them Red Diaper Doper Babies he speaks of.
He's a lump of garbage. Just another liberal from San Francisco that thinks he can do anything he wants to, including breaking the law and he'll be covered by the left wing enablers.
When he's convicted and loses his job as a result, Cheryl, will you think better of liberals from San Francisco? Bill, I'm sure you can get beyond the drivel of what Russ or Faux News says and tell us exactly which 9th Circuit decision(s) you think "fux up most of the west side of the nation."
As a native San Franciscan, I'm proud to have been born and raised there. San Francisco is the most beautiful, welcoming, tolerant place in the United States, and the most admired American city by world travelers. If hicks like you don't like San Francisco, then don't come here. We'll survive nicely without your dollars and your attitude.
Marowitz, when he gets fired and loses his job it will be because a court of law decided he was guilty as charged. Nothing to do with any liberal cause..come on man!