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  • 10
    Oct
    2012
    6:46am, EDT

    San Francisco sheriff reinstated despite domestic-abuse conviction

    Noah Berger / AP

    Suspended San Francisco Sheriff Ross Mirkarimi and his wife Eliana Lopez arrive at a Board of Supervisors meeting on Tuesday in San Francisco. The Board planned to vote on removing Mirkarimi, who pleaded guilty to a misdemeanor charge in a domestic violence case, from office.

    By Reuters

    SAN FRANCISCO -- A divided San Francisco Board of Supervisors voted to reinstate Ross Mirkarimi to his elected post as sheriff late Tuesday after he was suspended by the mayor following a domestic-abuse conviction.

    The vote to return Mirkarimi's badge came after a nearly year-long political firestorm within San Francisco over a New Year's Eve quarrel with his wife, Venezuelan soap opera actress Eliana Lopez, that turned violent.


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    Mirkarimi, a co-founder of California's Green Party, watched during five hours of emotional public testimony from more than 100 of his supporters who called for him to stay, and about 15 domestic-violence advocates who called for his ouster.

    The board's 7-4 vote was two votes shy of what was needed to strip him of his elected position.

    "The system worked in this case," Mirkarimi, 51, said after the vote. "It took a long way to get here. The next step is mending fences and moving forward."

    'Jewel in the crown'
    Many of the speakers told supervisors how Mirkarimi had become a voice of the voiceless in the community, showing up at homicide scenes in the middle of the night.

    "Ross is the jewel in the crown of San Francisco," said Ursula McGuire, 76, who spoke from her wheelchair. "I want you to reinstate the jewel."

    San Francisco sheriff in domestic abuse case to face ethics charge

    Domestic-violence advocates urged the board to oust the sheriff.

    "If reinstated, Ross Mirkarimi would represent San Francisco's tolerance of domestic-violence crimes," said Katharine Berg, associate director of La Casa de las Madres, a Bay area women's shelter.

    Domestic abuse billboard aimed at sheriff's comments

    Mirkarimi had launched a legal case seeking reinstatement to his post and his salary. He said he could not be removed for official misconduct because his offense occurred more than a week before he took office as sheriff.

    In a cellphone video a neighbor recorded the day after the argument, a tearful Lopez, 36, pointed to a bruise on her arm and said her husband had grabbed it with such force that he left it black and blue.

    A day in jail, probation
    Lopez testified before a city ethics panel that the neighbor convinced her to document the bruise in case she and Mirkarimi separated.

    Lopez said she feared her status as an immigrant could cost her custody of her son if they separated.

    Lopez refused to testify against her husband and has stood by him, though a family court judge only recently allowed the couple to reunite after seven months apart.

    Biden to lead push for domestic violence law

    San Francisco's district attorney charged Mirkarimi on January 13, five days after his installation as sheriff, with misdemeanor counts of domestic violence battery, child endangerment and dissuading a witness.

    He struck a deal with prosecutors to plead guilty to a single, lesser charge, and was sentenced to a day in jail and three years of probation.

    But the mayor said Mirkarimi's conduct was a violation of the public trust and his role as a law enforcement officer.

    The city's ethics commission voted 4-1 in August that Mirkarimi committed official misconduct.

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    112 comments

    I wonder if the little woman will still have that stupid smile on her face the next time, or the time after that. Her loser of a husband would not have his job if common sense had prevailed. Tax-payers should refuse to stand for this. I wouldn't pay this guy to haul away my trash.

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    Explore related topics: sheriff, san-francisco, domestic-violence, featured, ross-mirkarimi, eliana-lopez
  • 20
    Mar
    2012
    4:48pm, EDT

    San Francisco sheriff in domestic abuse case to face ethics charge

    San Francisco Sheriff Ross Mirkarimi appears at the Superior Court for the start of his trial on domestic abuse charges in San Francisco, California in February.

    By msnbc.com staff and news services

    SAN FRANCISCO -- San Francisco Mayor Ed Lee announced Tuesday he would pursue an ethics probe of Sheriff Ross Mirkarimi that could remove him from office, turning a high-profile domestic abuse case into a political showdown. Mirkarimi — a long time progressive politician in the city — said he had no plans to resign despite pressure to do so, coming even from some of his ideological allies.


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    On Monday, Mirkarimi accepted a plea deal in a case involving a New Year's Eve dispute with his wife, Eliana Lopez, that left her arm bruised. Under the deal, he pleaded guilty to a misdemeanor "false imprisonment" charge, which allowed him to continue carrying a gun. Mirkarimi had signaled that he would remain in his post, to which he was elected in November.

    Mirkarimi, 50, was sentenced to three years' probation, 52 weeks of domestic violence intervention classes, 100 hours of community service and a small fine for one misdemeanor charge of false imprisonment.


    In a private meeting between Lee and Mirkarimi after the sentencing on Monday, the mayor told the sheriff to step down within 24 hours or face an official misconduct charge and possibly forced removal from office, the sheriff's attorney, Lidia Stiglich, told The Associated Press.

    "I'm not aware of any plans for the sheriff to resign," Stiglich said earlier Tuesday, apparently triggering the mayor's announcement. "I'm disappointed it's proceeding in this fashion. I think it should be left to the voters."

    Mirkarimi said his actions on New Year's Eve that left his wife's arm bruised did not constitute official misconduct, according to The Associated Press.

    Using administrative procedures to oust Mirkarimi is not a slam dunk, said Joe Eskenazi, political reporter for SF Weekly.

    Under the City Charter, he noted, official misconduct is defined as "any wrongful behavior by a public officer in relation to the duties of his or her office..."

    Sheriff keeps his gun, but will he keep his job?

    Domestic abuse billboard aimed at sheriff's comments

    Even though Mirkarimi has admitted guilt to wrongdoing, it's hard to see it as job-related, in his view, Eskenazi said.

    "But the legal and political lines are going to be blurred because he is politically radioactive right now and nobody will want to step up and support him," said Eskenazi.

    If city attorneys nonetheless find a way to charge him with official misconduct, a vote by the Board of Supervisors would make the final determination. Nine of the 11 supervisors would have to vote in favor of his ouster for it to go through.

    Though Mirkarimi had a reputation for being an effective member of the Board of Supervisors, where he served for seven years prior to his 2011 election as sheriff, the domestic abuse case has put the board under enormous pressure to turn against him, especially in an election year, said Eskenazi.

    "Even people who like him would prefer to see him out and out soon," he said. "Even people who are his ideological allies. There’s not a lot of support out there among the people you would want to have."

    If he manages to survive an ethics challenge, Mirkarimi could also face a recall by San Francisco voters this summer.

    As the city turns against the once promising political figure, Mirkarimi's wife is advocating for him.

    "Eliana Lopez is not afraid of Ross, Eliana Lopez supports Ross," said Paula Canny, attorney for Lopez, speaking to the San Francisco Chronicle. "She absolutely wants Ross to remain in office."

    The Associated Press and msnbc.com's Kari Huus contributed to this report.

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    45 comments

    Why should he step down for a violence charge? Being unnecessarily violent and facing no real repercussions is commonplace among cops. This is par for the course.

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    Explore related topics: san-francisco, domestic-abuse, kari-huus, ross-mirkarimi
  • 19
    Mar
    2012
    7:52pm, EDT

    San Francisco sheriff keeps gun, but will he keep his job?

    Beck Diefenbach / Reuters

    San Francisco Sheriff Ross Mirkarimi speaks to the media following a court appearance for his domestic abuse case at San Francisco County Courthouse on Monday.

    By msnbc.com staff and news services

    San Francisco Sheriff Ross Mirkarimi was sentenced Monday to serve one day in jail after pleading guilty to one count of "false imprisonment" for a New Year’s Eve spat with his wife, Eliana Lopez, during which he bruised her arms.

    Mirkarimi also received three months' probation and was ordered to take part in anger management counseling. A temporary stay-away order preventing him from contact with his wife and toddler son remains in place.

    A plea deal that averted a domestic violence conviction was a deft maneuver that allowed the Mirkarimi to retain his gun, and thus be able to carry out his duties as sheriff. But if he is to continue in the post, he will first have to survive a political challenge.


    "It would be a stretch for the San Francisco sheriff to oversee programs and impose sentences of domestic violence on inmates when he has been convicted under similar circumstances," said Kathy Black, executive director of Casa de Las Madres, a nonprofit that assists abuse victims. "I think it would be best for everybody if he would step down. If he’s not willing to do the right thing, then the mayor and board of supervisors must."

    A majority of San Francisco residents agree, according to a CBS 5 poll conducted last week. Sixty-one percent of 400 people surveyed want Mirkarimi to leave office, with only 21 percent saying he should remain. Fifty-eight percent said city leaders should remove Mirkarimi if he does not step down voluntarily, according to the poll.

    "There are no excuses and I accept full responsibility," said Mirkarimi, reading a statement to the media after the sentencing, The Associated Press reported. He "sincerely apologized" to his family, the Sheriff's Department and the people of San Francisco, it said.


    Kari Huus


    Follow Kari Huus on Twitter and Facebook.



    He gave no sign that he was considering stepping down, saying that he would "work so much harder to regain your trust ... to be a better public servant."

    Mirkarimi attempted to correct what he said was a misperception that he felt domestic violence was a "private matter," as he told the press early in the drama. He reiterated his advocacy against domestic violence while serving two-terms on the Board of Supervisors. 

    "I do not believe that domestic violence is a private matter," he said. "I have worked very hard for the anti-domestic violence community."

    Some of his critics saw that statement as too little too late.

    Casa de Las Madres, an advocacy group for victims of domestic abuse, raised money for a billboard campaign to reinforce their message that victims and witnesses of victims should not be afraid to come forward with evidence of domestic abuse — a message they felt was undermined by Mirkarimi’s earlier comments.  One of those billboards, reads "Domestic violence is never a private matter" was positioned right across the street from the courthouse where Mirkarimi was expected to stand trial.

    San Francisco Mayor Ed Lee has said he's considering whether to attempt removing the sheriff from office, according to the San Francisco Chronicle.

    "Basically it comes down to the question of whether someone convicted of unlawfully imprisoning his wife should be the sheriff of San Francisco," said one source close to the talks, cited by the Chronicle, which reported that Lee has been consulting with City Attorney Dennis Herrera.

    Lee was expected to suspend Mirkarimi if he was found guilty of domestic violence and thus been barred from carrying a gun. But the plea bargain that emerged on Friday muddied the mayor’s legal options, the Chronicle reported.

    An opinion column written by former San Francisco Mayor Willie Brown laid out the politically awkward task for Mayor Lee and the city attorney. Attempting to oust the sheriff will make the Board of Supervisors, Mirkarimi’s longtime colleagues, the jury for the sheriff.

    "On the other hand, if the mayor doesn’t pursue Mirkarimi’s removal, he and he alone will have to answer to critics as to why the sheriff was allowed to stay on after being convicted," Brown wrote.

    But, he said, even if the mayor decides to hold off, Mirkarimi could face a recall effort in July.

    "That's when recall petitions can begin circulating to recall the sheriff," he said. "And given the mood of the women in the anti-domestic violence network, I'd say a recall is inevitable."

    Msnbc.com reporter Kari Huus and The Associated Press contributed to this report.

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    75 comments

    Any other suspect would've been charged and convicted of domestic abuse but, because he is an officer of the law, he walks with something that doesn't violate the Lautenberg Amendment. The use of a "stay-away order" is interesting because a restraining order for domestic abuse would result in the fo …

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