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.
The court order, issued by Superior Court Judge Ronald Albers, provides Mirkarimi and Theo with up to two-hours per day and up to six-hours on weekend days to spend unsupervised visits together. Exact times, locations and transportation for the visits are to be arranged by Ms. Patricia Forsyth and her son, Jeremy Forsyth, the order stipulates. The Forsyths are friends of Mirkarimi and his wife, Eliana Lopez.
Mirkarimi named Chief Deputy Ellen Brin to the position of Undersheriff; Captain Paul Miyamoto to the position of Assistant Sheriff; and Assistant Legal Counsel Freya Horne to the position Chief Legal Counsel.
Judge Breall refused to modify the order, stating that she found no change in circumstances in the week since the order was first imposed; that she saw no reason to depart from the usual domestic violence court procedures of separating alleged abusers from their alleged victims.
Prosecutors allege Mirkarimi hurt his wife during an argument in the presence of their two-year old son and told her not to discuss it with anybody.
Judge Katherine Feinstein, daughter of US Senator Dianne Feinstein, was originally slated to administer the oath of office to Mirkarimi, Sunday, but declined last week citing a potential conflict of interest resulting from an ongoing investigation into an alleged domestic violence incident on New Year’s eve involving Mirkarimi and his wife, Eliana Lopez.