Judge Denies Mirkarimi Request to Lift Stay Away Order, Expedites Hearing

Written by Luke Thomas. Posted in News, Politics

Tagged: , ,

Published on February 04, 2012 with 3 Comments

Defense attorney Lidia Stiglich reminds reporters that under US law, those accused of a crime are innocent until proven guilty in a court of law. Photos by Luke Thomas.

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.”

Eliana Lopez.

Luke Thomas

Luke Thomas

Luke Thomas is a former software developer and computer consultant who proudly hails from London, England. In 2001, Thomas took a yearlong sabbatical to travel and develop a photographic portfolio. Upon his return to the US, Thomas studied photojournalism to pursue a career in journalism. In 2004, Thomas worked for several neighborhood newspapers in San Francisco before accepting a partnership agreement with the SanFranciscoSentinel.com, a news website formerly covering local, state and national politics. In September 2006, Thomas launched FogCityJournal.com. The BBC, CNN, ABC, NBC, CBS, Fox News, New York Times, Der Spiegel, San Francisco Chronicle, San Francisco Magazine, 7x7, San Francisco Examiner, San Francisco Bay Guardian and the San Francisco Weekly, among other publications and news outlets, have published his work. Thomas is a member of the Freelance Unit of the Pacific Media Workers Guild, TNG-CWA Local 39521 and is a member of the Society of Professional Journalists.

More Posts - Website

Follow Me:
TwitterFacebookGoogle Plus

  • GenaD

    I wish someone would ask Eliana why she sent the incriminating text.

  • http://criticalcloud.blogspot.com el Greco

    I’m sure the prosecution will ask that.

  • http://www.linkedin.com/myprofile?trk=hb_tab_pro Ann Garrison

    I wish someone besides myself would ask what happened to the investigations of the Ed Lee for Mayor campaign and the independent expenditure committee to elect Ed Lee that DA Gascón said he had undertaken.

    And, why Gascón referred the new domestic violence case against his recently booked Assistant DA, one of those who had been prosecuting Ross Mirkarimi, to Kamala Harris because, he said, he could not be impartial, but did not also refer the Mirkarimi case, given his history of clashes with Mirkarimi.

    I could also ask why Gascón didn’t refer the investigations of the Ed Lee for Mayor campaign, and the independent expenditure committee to elect Ed Lee to Kamala Harris as well, given that Gascón is dependent on Ed Lee’s budget and would therefore seem to have a difficult time being impartial in those investigations as well.

    But I don’t imagine that a referral to Kamala Harris would go down well in the mayor’s office either, or amongst the local plutocrats who chose Ed Lee, and George Gascón, and kept Gavin Newsom in the mayor’s office just long enough to endow both with appointed incumbency.