Get SF Weekly Newsletters

Friday, February 24, 2012

Sheriff Ross Mirkarimi Gets New, "Impartial" Judge for Trial

Posted By on Fri, Feb 24, 2012 at 12:30 PM

The couple in happier times - PHOTO BY LUKE THOMAS
  • Photo by Luke Thomas
  • The couple in happier times

Ross Mirkarimi's attorney successfully got her client's domestic violence case reassigned to a judge who she says will be fair and partial toward the embattled sheriff.

According to new outlets, Mirkarimi appeared in court this morning with his attorney, Lidia Stiglich, who claimed that Judge Susan Breall, who has barred Mirkarimi from seeing his wife and son, would be biased against her client.

Breall had issued a stay-away order for Mirkarimi, preventing him from seeing his wife, Eliana Lopez, and their 2-year-old son, Theo, until after the trial, which starts today. Mirkarimi went back to court last month to fight the order; however, Breall denied his request to see his family, citing the child endangerment charges he was facing. Mirkarimi went to family court and later won limited, supervised visits with his son, but is still unable to see his wife.

Mirkarimi's case has now been assigned to Judge Garrett L. Wong. The sherriff will appear in court later this afternoon for the start of his trial, though the actual proceedings will not begin until next week.

Wong is expected to consider a motion Stiglich filed earlier this week, in which

she argued that statements Lopez made to neighbors Ivory Madison and

Callie Williams in the days after the New Year's Eve incident should

not be admissible in court.

The video on which Lopez allegedly made these statements is key to the prosecution's case; without it, the District Attorney's Office would have a hard time moving forward with their case, Assistant District Attorney Omid Talai told reporters this morning. According to prosecutors, Lopez had her neighbor video tape her detailing the alleged domestic abuse that took place during a New Year's Eve argument with her husband.

A few days after being sworn in as San Francisco's new sheriff, he was arrested and charged with three misdemeanors, including battery, child endangerment, and dissuading a witness.

Follow us on Twitter at @SFWeekly and @TheSnitchSF 

  • Pin It

About The Author

Erin Sherbert

Erin Sherbert

Erin Sherbert was the Online News Editor for SF Weekly from 2010 to 2015. She's a Texas native and has a closet full of cowboy boots to prove it.


Subscribe to this thread:

Add a comment

Popular Stories

  1. Most Popular Stories
  2. Stories You Missed

Like us on Facebook


  • clipping at Brava Theater Sept. 11
    Sub Pop recording artists 'clipping.' brought their brand of noise-driven experimental hip hop to the closing night of 2016's San Francisco Electronic Music Fest this past Sunday. The packed Brava Theater hosted an initially seated crowd that ended the night jumping and dancing against the front of the stage. The trio performed a set focused on their recently released Sci-Fi Horror concept album, 'Splendor & Misery', then delved into their dancier and more aggressive back catalogue, and recent single 'Wriggle'. Opening performances included local experimental electronic duo 'Tujurikkuja' and computer music artist 'Madalyn Merkey.'"