Attorney Evelyn Pentikis believes that regardless of whether the Sheriff’s wife is willing to testify against him, Mirkarimi’s case should be heard in court.
San Francisco Sheriff Ross Mirkarimi is living every man’s worst nightmare.
According to The Washington Post, the Progressive, Green Party-member Sheriff allegedly got in a fight with his wife, Eliana Lopez, a really bad one where they both were really mad. Words were exchanged and maybe an arm was grabbed. Some time passed, they made up. But, what she may have forgotten to mention was that she told a neighbor a whole lot of bad things about him when she was really mad, things that maybe she wishes she hadn’t said… and she asked the neighbor to videotape her bruised arm. Oh, how she wishes she could make it all go away. Because she now says that really loves him and she knows that he really loves her. We’ll give her the benefit of the doubt that they really are in love.
Mirkarimi’s nightmare is even more dramatic that the charges of Domestic Violence were brought against him two weeks after he was sworn in as Sheriff of San Francisco. Proponents of Mirkarimi are citing conspiracy theories and making lists of everyone that has some vendetta against him, maybe even the neighbor. He is, after all, a tough guy, a graduate of the San Francisco Police Academy (and Class President) and a former D.A. Investigator. Because we aren’t privy to the details of the investigation we don’t know the evidence that the prosecution has, but we do know that there was enough there to actually charge him with the crime.
And we do know, which I’m sure, Mirkarimi knew, there is no such thing as a liberal California law when it comes to domestic violence. The simplest definition of which is found under the CA Penal Code (273.5 PC) which punishes the crime of inflicting bodily injury on your spouse; anyone you’ve lived with or live with; or the mother or father of your child.
At some point in the mid 90s, California went Terminator and adopted a mandatory no-drop prosecution policy on all domestic violence cases. What this means is the prosecution will not drop a domestic violence case due to a victim’s nonparticipation. To understand this you have to get that the prosecution is not working for the victim but for the State (technically the people of the state) and the no-drop policy is as much a protection of the victim as well as an issue of public safety. You see, advocates of the policy say (among other things) that the victim can’t see things clearly and needs the prosecution’s help to protect them. Critics say it’s not the government’s business—it’s private—and if the victim retracts, then the government should go away. Now remember, the law doesn’t distinguish gender so the same law applies to men and women.
I appreciate both positions, but at the end of the day, I lean towards the prosecution’s right to prosecute the case. Why? Because, I used to work for a Criminal Judge and I know first hand that frivolous cases usually are promptly dismissed, especially by an expense-conscious D.A’s office. There must be something evidential to move forward with a case.
Could Sheriff Mirkarimi have been influenced by his career accolades resulting in a little power tripping on his wife? It’s possible, right? Does this mean he should be prosecuted even if his wife has forgiven him? Yes. Because clearly at the time, she felt compelled to seek confidence in her neighbor- and we all know that when you start talking about your fights with other people, you’re most likely looking for some kind of help because it’s that bad. Could it all have been a big mistake, could she have embellished, or over-dramatized? Maybe, but why not flesh it out and let a Judge or Jury decide?
Of course, the damage is already done to Sheriff Mirkarimi’s reputation. If he is found innocent of the charges of domestic violence, and this does happen to be a case of a take-down by powerful San Franciscans who don’t want a Progressive Sheriff (who is for the legalization of marijuana), then a man’s livelihood is at stake because of an alleged altercation his wife didn’t even want to make public.
If he is found guilty and his wife is, in fact, fearful to speak out, then his reputation should be damaged and his position as Sheriff (someone who will uphold the law and abide by it) should be questioned. And that is why this case should be before a judge or jury, so the facts can be excavated and the truth revealed.
What do you think of California’s ‘no drop’ policy in the prosecution of domestic violence cases? Does it protect male victims of domestic violence. Or does it interfere with the right to privacy in deciding themselves whether or not to press charges over what they later may see as a mere bad argument gone ugly?
Photos of Mirkarimi’s wife’s bruises can be seen on The San Francisco Chronicle website.
AP Photo/Jeff Chiu
Why should this even have been prosecuted? It’s a FREAKING GRABBED ARM for Christ’s sake. Is that worth breaking up a family over, destroying a career, and doing BOTH of these things against the wishes of the alleged victim? Do you people ever stop to think? Given that 1000 women and 500 men will die of actual domestic incidents, given the tremendous strain that most state budgets are under, why does the most minor of “domestic abuse” (and yes, those are quotes because I don’t really count pushes and grabs or raised voices slammed doors as things the state needs… Read more »
I can see good reasons for a prosecutor proceeding with a case even when the alleged victim can’t or won’t cooperate. The victim could be terrified of the accused, for all sorts of reasons. Victims and witnesses feel intimidated all the time. Some alleged victims may be in a coma in a hospital and so they can’t testify. I do think it’s extreme to make it mandatory for one particular kind of criminal charge. In my opinion there’s already too much straightjacketing of the legal system, not allowing prosecutors and judges enough discretion, for example dictating mandatory minimums for drug… Read more »
This guy can’t be a bad guy. He’s a progressive. Or is he? And where did his political opponents come in to this. The lady with the video is another progressive. Is this progressives destroying progressives now? For shame.
This domestic violence case is like house of cards. The domestic abuse complaint was not even lodged by his wife Eliana Lopez but his nosy neighbor Ivory Madison, with whom Eliana was sharing her private family details. Eliana had refuted charges against her husband. If DA goes on with the prosecution, it would set a really bad precedence, where the complaint lodged by a third party in DV cases can proceed without any supporting claim by alleged victim. It is just a useless political drama.
My wife finds bruises on her body that she has no idea how she got. Some people bruise easily. I would have to get hit full force with a baseball bat in order for a bruise to show, and even then I’m not sure. She could at any time claim that I hit her and have “evidence.” If I did just grab her arm, she would easily bruise. When she hits me with a baseball there would is no evidence, unless I knot upside my head or a concussion, which can’t be seen. Who knows what happened here, but it… Read more »
So do you think the no-drop policy is damaging?
I sort of think it could discourage false accusations…. But I’m really torn.
I too bruise easily. Back when I wore miniskirts, one of the guys in the stockroom of our store asked if I was being abused and then told me to stop wearing miniskirts! he was right, it looked terrible and I never knew what it was from.
I sort of think it could discourage false accusations…. But I’m really torn.
At the same time it could encourage them because now the false accuser doesn’t have to put in as much effort to make an accusation for the sake of damaging the reputation of the accused.
I agree with you and Eric both that its a double edge sword and that one can easily be torn over it.
I don’t know if it’s damaging or not. It’s probably a double edged sword.
I do know that abused women often go back to their abuser, refusing to testify. So, it may help them. But, there’s not much hope for male victims as they seldom report because when they do they are likely to be the one who gets arrested.
A bruise certainly doesn’t prove that someone is injured. She could have easily made the story up and gotten that bruise anywhere, including self infliction.
“she felt compelled to seek confidence in her neighbor”
Presumption here is that she was in fear. Maybe she was mad as hell and wanted to stick it to her husband.
However, in cases like this, it’s not the evidence, it’s the seriousness of the charges.
For some reason today, I was thinking of the old John Tower for SecDef procedings. Two horrid charges. He could prove easily he was elsewhere at the time.
Didn’t count. It was the seriousness of the charges.
OTOH, no-drop has some good points.
The best we can do is hope for unbiased, fair judges to be impartial and help end domestic violence in all its forms.
Domestic violence is a recurring cycle…a few weeks ago, a close friend and her kids sought refuge at my house because her husband went berserk over a bad report card from the son (I think it had more to do with work-related and financial pressures)….the husband ripped his son’s flannel shirt pocket….I kept the shirt for evidence…..this is not the first time….and I am worried that this won’t be the last time….My friend begged me not to report it but I made an anonymous statement to her son’s guidance counselor at school about the violence at home…. I am in… Read more »