If you were trying to orchestrate a cover-up of your domestic violence, would you be texting your cronies about it?
The ruling comes less than a week after Mirkarimi's attorney's publicized the official's phone records, which showed that he did not have any phone contact with Haynes between Dec. 31, 2011 -- the night of the dispute -- and Jan. 4, the day Madison reported the incident to the police. Madison claims that Haynes tried to persuade her to call off the police soon after. The mayor argues that Haynes was following Mirkarimi's orders.
Lee also alleges that Mirkarimi got Haynes to convince Lopez not to press charges or go to the police. After a 40-minute phone conversation between Lopez and Haynes on Jan. 4, Lopez sent Madison a text saying that she would not go to the police.
But the city attorney has yet to show evidence that Mirkarimi directed or knew about Haynes' alleged actions.
So far, the defense team has depicted a man unwilling to exploit his political power to escape police investigation. In text messages released by Mirkarimi's lawyers, Lopez asks her husband to "use your power" to to stop the investigation, to which Mirkarimi responds, "I cannot."