Lee, who had asked Mirkarimi to step down Monday or face suspension, announced his decision to suspend the Sheriff following Mirkarimi’s announcement that he would not resign. Mirkarimi now faces an Ethics Commission probe into whether his conviction rises to the level of official misconduct as defined in the city Charter, a finding that will be presented to the Board of Supervisors for a vote. Nine of eleven supervisors must vote in the affirmative to remove an elected public official from office.
Lopez is expected to tell the untold story of what happened on December 3 that led to an altercation between Lopez and her husband, an argument that resulted in Ms. Lopez sustaining a bruise on her right arm. Court documents paint a picture of a couple experiencing marriage difficulties with concerns over a possible divorce and child custody battle.
Gascón said he recognized that there are those who wanted him to “go for the jugular” and keep the trial going; others felt that the prosecution of Mirkarimi was a political vendetta. Gascón concluded that since “ideologues on both sides” may be disappointed in the plea agreement, “This gives me comfort and reassurance that I have not politicized the case and that I have done my absolute best to treat it like any another domestic violence allegation.”
Missing from his prepared statement was a recount of the events that occurred on December 31 that led him to this point. When pressed, he stated, “I understand that some of this continues and that I should be guarded.” He also did not respond to the question of whether he had the moral authority to continue running the Sheriff’s Department.
Calling the Sheriff “a national embarrassment,” Cathy Black, the executive director of Case De Las Madres, a shelter dedicated to victims of domestic violence, told a bevy of reporters gathered on the steps of City Hall, “I think it would be best for everybody involved if he would step aside. If Sheriff Mirkarimi will not do the right thing, then the mayor and the Board of Supervisors must.”
In exchange for Mirkrarimi’s plea agreement, the District Attorney George Gascón has dropped three misdemeanor charges of alleged domestic violence, dissuading a witness and child endangerment.
Mirkarimi faces sentencing next Monday that is expected to include up to three years probation, 100 hours of community service, 52 weeks of domestic violence classes, as well as a fine of $590. A stay away order imposed in January remains in effect subject to a Family court order.
The opposition brief, filed by Mirkarimi defense attorney Lidia Stiglich, argues statements made to police by neighbors, Ivory Madison and Callie Williams, are inadmissible under rules of evidence because they are considered “hearsay” statements.
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