Ross Mirkarimi's New Domestic Violence Complaint Could Loom Large in Pending Trial

By Joe Eskenazi Mon., Jan. 23 2012 at 4:00 PM

While Ross Mirkarimi blinked, another accuser filed domestic violence charges

It's most certainly bad news for Sheriff Ross Mirkarimi that the question "Which one?" now applies to domestic violence complaints filed against him.

And though the police report filed over the weekend by a woman accusing Mirkarimi of shaking her and pinning her against the wall comes years too late to initiate a potential prosecution -- it comes right in time for those already prosecuting the embattled sheriff.

In California, a statute of limitations of up to three years applies to domestic violence cases. Mirkarimi's most recent accuser claims he abused her sometime between June of 2007 and May of 2008. "Gone! Past the statute!" replied Burbank criminal defense attorney Michael Kraut without a moment's hesitation.

That may not have been the point, however. "I have nothing to gain from reporting this other than to notify the authorities of the history of violence Mirkarimi has toward women," the accuser told police. Authorities are not only notified -- they're fortified. Accusations of this sort can be used to bolster the current case proceeding against the sheriff.

Kraut, a 15-year prosecutor in the Los Angeles District Attorney's office, points out that, under Evidence Section 1101(b), even past uncharged acts can be used in court. While allegations pertaining to Mirkarimi's "character" are out-of-bounds, "evidence" of "specific prior acts when offered to prove a fact other than his or her disposition to commit the contested act" are admissible.

"In order to be admissible to prove intent, the uncharged misconduct must be sufficiently similar to support the inference that the defendant 'probably harbored the same intent in each instance,'" wrote Jeremy Price, a staff attorney for the First District Appellate Project.

In this case, Mirkarimi -- who will face trial over allegations he bruised his wife's upper right arm in an argument -- is now accused by an alleged former girlfriend of bruising her upper right arm in an argument.

In addition to Section 1101(b), a second section -- 1109 -- specifically deals with "evidence of the defendant's commission of other domestic violence." Edward N. Ajlouny, a San Jose criminal defense attorney with a bevy of domestic violence experience, says that the code "doesn't put a lot of limitations" on what prosecutors may present in a domestic violence case. An allegation like the one filed yesterday against Mirkarimi, in Ajlouny's opinion, falls well within the bounds of what's normally fair game.

"Will they use prior evidence of domestic violence? Probably," he says. "It doesn't have to be proven conduct."

San Francisco District Attorneys could use this report to "show he did it before and has a 'woman problem,'" Ajlouny continued.

What the DA will do, with this and potential future reports, remains to be seen.

"At this point, because this is under investigation, we can't really go into the details," says Stephanie Ong Stillman, a spokeswoman for the District Attorney.

Read the alleged victim's comments in an interview with SF Weekly here.

Read our report on the alleged victim's complaints to police here.

Follow us on Twitter at @SFWeekly and @TheSnitchSF

Tags:

1101(b), Edward N. Ajlouny, Michael Kraut, Ross Mirkarimi, Ross Mirkarimi domestic violence allegation

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Sparafucile

Explain to me how this tyrranical windbag gets to have his mugshot taken in anything other than jailhouse orange, and seemed to miss his own strip-search booking procedure?

Truth Hurts

His bail was per-arranged. The same thing was done when they brought all the SFPD upper brass in during the Fajita Gate scandal.

David Elliott Lewis

So this witness waits almost four years before stepping forward? That alone is suspicious.

The enemies of Ross, some offended by his progressive politics, some in the SFPD offended by his severe criticisms of them when crime rose in his district and others upset who backed another candidate for Sheriff must be all searching high and low for additional "witnesses".

I believe that Ross needs help and encouragement, not criticism and condemnation. To step aside now is the same as admitting guilt. That would be a bad move for him and our city.

I continue to back Ross and hope he can overcome these charges and move forward. He still remains the first progressive elected to a city wide office in the last three decades - a fact that the more conservative political forces in our city are very unhappy with. They can and will do everything they can to slam, slander and undermine him.

I will attend his trial to show support and continue to write in his defense.

Vintagw

Why hide the replies to your affirmation for a man that is arrogant beyond belief. I am sorry your progressive views have blinded you to the facts of the criminal acts.

Vintagw

Why hide the replies to your affirmation for a man that is arrogant beyond belief. I am sorry your progressive views have blinded you to the facts of the criminal acts.

Joe Eskenazi

David --

Apart from your main point, it's a bit jarring to call Mirkarimi "the first progressive elected to a citywide office in the last three decades." Mike Hennessey, Terence Hallinan, Jeff Adachi, Art Agnos, and possibly others would be a bit surprised.

Best,

coppersmom

except Jeff Adachi is still blushing at Christina Marie Flores t.v. interview of him..where she gushed too freely about what a superhero he was! google it.

TallConnect.Com

TALL PEOPLE, PLZ GET CONNECTED HERE. MANY SPORTSMEN LIKE OUR SERVICE. YOU MIGHT LIKE IT, TOO.

Opinionizmiown

No way, too convenient.Ross is a bag of air and I would not and did not vote for him. However, "In this case, Mirkarimi -- who will face trial over allegations he bruised his wife's upper right arm in an argument -- is now accused by an alleged former girlfriend of bruising her upper right arm in an argument."Really!?

He definitely cheated on her and I believe he got into a scuffle with the soap star Venezuelan but this allegation is BS. She's pissed and rightfully so, but to say this now?