By Luke Thomas
February 4, 2012
A family court judge Friday denied a request by embattled Sheriff Ross Mirkarimi to be repatriated with his family, but honored his request for an expedited hearing.
Superior Court Judge Ron Albers set the “stay away” order hearing date for 9am, Wednesday.
Mirkarmi is facing three criminal misdemeanor charges stemming from an alleged domestic violence incident involving his wife, Eliana Lopez, on New Year’s Eve. He was ordered separated from his wife and the couple’s two-year old son, Theo, when charges of domestic violence, dissuading a witness and child endangerment were first filed, January 13. The “stay away” order remains in effect until there’s a resolution in his criminal trial, or is lifted by Judge Albers. Mirkarimi’s criminal trial is set to begin February 24.
“I terribly miss my family and my son,” a tearful Mirkarimi said following the ex-parte family court hearing. “The process is what we expected, and that is that they certainly grant us the expedited hearing we were looking for.”
Both Mirkarimi and Lopez have repeatedly denied any wrongdoing and believe there is a political element to the prosecution.
“It’s worthy of note that he’s innocent until proven guilty,” said Mirkarimi’s defense attorney, Lidia Stiglich. “There’s a process. There’s a trial date and he’s going to be vindicated at trial.”
Accompanied by family law attorney Deborah Wald and criminal defense attorney Paula Canny, a defiant Lopez told reporters in Spanish, “We will keep fighting.”