Ross Mirkarimi Trial: Wife's Video Displaying Bruises Admissable in Court

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Another bad day for Ross
A Judge ruled this morning that the video Sheriff  Ross Mirkarimi's wife made with a neighbor detailing the sheriff's alleged physical abuse will be allowed as evidence. This, of course, is a huge victory for the prosecution, which has stated that without this scathing video -- which reveals a nasty bruise on his wife's arm -- the trial could not go forward.

The prosecution argued today that the testimony from Ivory Madison, Eliana Lopez's neighbor, is not hearsay and that California's evidence code is clear: A spontaneous statement made under emotional stress is admissible in court. In short, Lopez's description of the alleged domestic violence was the "equivalent of a 911 call."

However, Mirkarimi's attorney argued that, since Lopez's statement to Madison was made on Jan. 1 -- the day after the alleged incident -- she had plenty of time to reflect, thus her testimony on video could have been "scripted" or "staged."They also claimed Lopez's real concerns while making the video were about winning custody of the couple's 2-year-old son, Theo. This only proves her statements of domestic violence were calculated, according to the defense. Ultimately, Judge Garrett L. Wong ruled that the video in question is "sufficiently spontaneous" and will be allowed for trial.

Wong, -- who will be presiding over Mirkarimi's trial -- said the issue here is about the mental state of Lopez in the video, which he thinks displays "a woman who is still crying and visibly upset." Mirkarimi was arrested in January, a few days after he was sworn in as sheriff, and charged with three misdemeanors, including battery, child endangerment, and dissuading a witness.

Wong went even further, ruling that all of Lopez's statements made to Madison on Jan. 1 will be admitted as evidence. However, any comments she made after Jan. 1, 2012 to Madison and other neighbors about her husband physically abusing her won't be admissible.

Another key issue that has yet to be resolved is whether Christina Flores, Mirkarimi's ex-girlfriend who claims the sheriff physically abused her nearly four years ago -- will be allowed to testify in this trial. Wong decided that Flores, who went to police a few weeks after Mirkarimi was arrested on domestic violence charges -- should appear in court and provide some initial testimony to the judge before he makes a decision.

Flores has accused Mirkarimi, whom she dated in 2008, of pushing her, and compared him to a raging pit bull. But because she did not report the alleged abuse until four years later, it might not be admissible in court, considering California's statue of limitations for domestic violence cases is three years.

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3 comments
Maite_huang
Maite_huang

Ross Mirkarimi should resign and he should attend counseling sessions and work on his anger and control issues.  He is 50 years old, too little too late to be working as any kind of leader for the City.  Leave the Sheriff's job to someone that has a good reputation and self control.  If he can't keep his cool with his wife then he is a ticking time bomb and can go off on anyone. Glad he cannot have a gun. If Eliana now enables him she will pay for it like Nicole Simpson did!!!     

Am
Am

 Be careful what you ask for because you just may get it.They took a gamble and LOST by asking for another judge.

Dirk Hofbrau
Dirk Hofbrau

To think I voted for this guy! I guess this is what happens to a person after he leaves the Green Party and joins (or re-joins) the Democrats. Ross's heart is in the wrong place now. He is noiw capable of doing these kinds of violent actions.

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