Lopez steals the show as the city's case against Mirkarimi falters

|
(117)
Mirkarimi's wife, Venezuelan actress Eliana Lopez, continues last night's testimony this afternoon.
Mike Koozmin

This afternoon's must-watch television is on the city's SFGTV starting at 5pm when Venezuelan actress Eliana Lopez returns to the witness stand as the Ethics Commission considers Mayor Ed Lee's effort to remove her husband, Sheriff Ross Mirkarimi, from office on official misconduct charges. Because after last night's hearings, the city's case has been severely weakened, making the standoff between a charming Lopez and flailing Deputy City Attorney Peter Keith even more pivotal.

For those with the patience and stomach to sit through these sordid and often tedious hearings – including a press gallery that has packed each hearing – there is a growing sense that the city is in trouble and getting desperate, largely because Keith and Deputy City Attorney Sherri Kaiser have been unable to support their speculative central charges, nonetheless grinding away at them, thus highlighting that lack of support.

That seemed especially true last night during Kaiser's disastrous cross-examination of Mirkarimi campaign manager Linnette Peralta Haynes, a figure who was central to the city's allegation that Mirkarimi dissuaded witnesses and sought to thwart a police investigation into a Dec. 31 incident in which he grabbed Lopez's arm and left a bruise.

Haynes had communicated with Lopez and Mirkarimi via phone and text message throughout the day on Jan. 4, when neighbor and Lopez confidante Ivory Madison reported the incident to police, even briefly speaking to Madison that day when Lopez suddenly handed the phone to her. The city's apparent theory was that Haynes acted as Mirkarimi's agent in trying to cover up the incident and do damage control, including coaching Lopez on what to say to Madison and another neighbor, Callie Williams, as Lopez desperately tried to prevent the situation from spinning out of control.

But the city has never had any evidence to support its theory, and this was its first chance to question Haynes, who had been at the end of a high-risk pregnancy and resisted cooperating with the investigation, which seemed to only feed the city's conviction that she had incriminating information that Kaiser would be able to pry loose on the witness stand.

Yet that didn't happen, despite Kaiser and commissioners grilling Haynes for more than three hours, twice as long as she had told the commission that she would need. Whereas Haynes seemed calm and consistent as she described giving Lopez emotional support and probing to ensure that she wasn't in danger, Kaiser fumbled through technical difficulties and maintained an accusatory and belittling tone even as the answers she was receiving seemed to destroy her line of questioning.

“I think the house of cards that mayor has been trying to establish about witness dissuasion was demolished by Linnette Peralta Haynes, who was absolutely credible,” Mirkarimi attorney Shepherd Kopp told reporters after the hearing.

But the star of last night's show was Lopez, who had just returned from Venezuela, where she and her son have been staying with family since March because Lee stripped Mirkarimi of his salary and because the couple is barred from seeing one another by a restraining order they didn't seek, but which has been extended by these proceedings.

Keith's first line of questioning tried to use that separation against them, implying that Lopez was supporting Mirkarimi – which she has done since the beginning, claiming that he's not abusive and that they are working on their problems – only so that he would continue to sign off in family court on his son remaining in Venezuela.

“Ms. Lopez has a thriving life in Venezuela and she wouldn't want to do anything to upset the sheriff,” Keith proffered to a skeptical commission to justify his line of questioning about Lopez, who begins a 20-day film shoot on Monday.

But he seemed to score few points in that realm as Lopez – who was alternately resolute and playfully charming, sparking some of the only moments of levity and laughter during hearings that have dragged on for months – laid the blame for her family plight on Madison (“my nutty neighbor,” she Lopez once described her) and the investigators and prosecutors that she believes have misinterpreted her words and intentions and blown the incident out of proportion.

Keith also tried to find support for another key allegation against Mirkarimi – that he claimed to be a “powerful man” who could use his office to keep custody of their son in the event of a divorce – but he also seemed to hit a brick wall there. Based on statements by Madison – most of whose hyperbolic and unsupported written testimony has been disallowed by the commission – Keith tried to tie Lopez's custody concerns to his status as sheriff, driving at that point with many questions.

But Lopez said her concern was that California family courts would favor Mirkarimi simply because he's an American and she's from a country that has bad relations with the US. “In this country, I think he's in a better position than me,” she said. After he again tried to make it about his official position, she said, “As a sheriff, no; as an American, yes.”

It was that concern over custody that prompted Lopez to consult with Madison and make a tearful video of the bruise on her arm, something Lopez said Madison coached her through and promised would remain confidential, something Lopez believed because Madison had attended law school and presented herself as a lawyer.

When Keith confronted Lopez with a prior written statement that she was worried about Mirkarimi's power as “an American and politician,” Lopez said that it was Madison who planted that idea in her head, not Mirkarimi. “After our conversation, she made me feel even more scared. She said it was an all boys network and they would protect themselves so you need evidence,” Lopez said.

But she denied the claim by the city and Madison that it was Mirkarimi who sought to improperly use his position, a key element of removing him for official misconduct. Lopez said her conclusions about Mirkarimi's advantages in a potential custody battle were the result of conversation that happened much earlier.

“That conversation happened in March 2011. He wasn't even thinking about running for sheriff at that point,” she said, denying that Mirkarimi ever raised his official position in their custody conversations and claiming the concerns about his power were her own. “He never said that, that was my conclusion of our conversations. He never said, 'I am a powerful man.'”

Because the interrogation of Haynes dragged on so long, it was nearly 9pm when Lopez took the stand, and she only got through about 40 minutes of testimony before the hearing adjourned. Keith estimated that she would be on the stand for about two and a half hours – and so far, the city's attorneys have underestimated how long they would question each witness – so there's probably much more to come this afternoon.

Comments

The smearing of Ivory Madison was also a nice touch by the writer as well in this piece. Madison, of course, was once a financial supporter of Mirkarimi. (something conveniently not mentioned here). But once she decided to take a potential case of marital abuse seriously and contacted the authorities about it (something the left supposedly wants people to do), and turned on a progressive politician, she became the enemy. Usually this writer doesn't stoop as low as did in this article...but desperate times call..., etc....

Posted by Guest on Jul. 19, 2012 @ 9:14 pm
Posted by Greg on Jul. 19, 2012 @ 9:34 pm
Posted by Sam on Jul. 19, 2012 @ 2:54 pm

months now. First on SFGate and now here... where else? Who knows. It isn't good. It isn't funny. The only way it will appeal to *anybody* is if they are an Mirkarimi hater. "This one's pretty good" -- you lie.

Posted by Guest on Jul. 19, 2012 @ 3:17 pm

At Mr Peter Keith, San Francisco city attorney.

You need real evidence to prosecute any cases.

At the onset of this case, you were asked by commissioner Hur whether the city's filed charges against Mr Mirkarimi were what is known in the legal business as "notice pleading" (in essence, allegations made in good faith but not necessarily with any evidentiary basis) or were actually based on evidence already in the city's possession.

Your answer on the record was that the evidence was already in the city's possession.

Where is the evidence that you claimed that you had? or did you simply lie to the commissioner? Thanks.

Posted by jccourt on Jul. 19, 2012 @ 2:59 pm

as fair and balanced as Fox News.

Posted by D.native on Jul. 19, 2012 @ 3:21 pm

Surprisingly I agree with columnist Debra Saunders who wrote a few weeks ago that this has been a silly and overblown exercise. Who hates Mirkarimi so much to do this? Someone has been encouraging all the Chronicle coverage, so many words! Or has it become simply a real fish wrap?

Posted by Guest on Jul. 19, 2012 @ 4:26 pm

RIght now as we speak the city attorney, Peter Keith is asking Lopez if she thinks Williams or Madison had a "vendetta" against Mirkarimi.

I think the answer is definitely yes.

The evidence is Madison's and William's circle of friends and supporters all seem to be prominent political enemies of her husband.

It is unbelievably odd that Madison contributed the max to Mirkarimi's campaign and sponsor a fund raiser, and yet their close friends all seem to be supporters of the other candidate, or else his most prominent political enemies.

Posted by Guest on Jul. 19, 2012 @ 5:28 pm

who support candidates and causes other than we support. I realize your sheeple mentality has blinded you to that reality but it's a fact.

Posted by Troll II on Jul. 19, 2012 @ 6:49 pm

"The evidence is Madison's and William's circle of friends and supporters all seem to be prominent political enemies of her husband."

Like who?

Posted by Guest on Jul. 20, 2012 @ 11:30 am

I personally think it is beyond odd that Ivory Madison was contributing to Mirkarimi's campaign and sponsoring fund raisers, yet at the same time was socializing through groups like "Band of Wives" with Mirkarimi's historical political enemies...Bronstein, Newsom, Harris....the whole Willie Brown crew....

Posted by Guest on Jul. 19, 2012 @ 5:31 pm

People can't be squeezed into "progressive" and "machine" holes all the time, you know, especially when it comes to their social lives. I think I read somewhere that Madison actively supported Sharmin Bock for D.A., too. So?

Posted by Guest on Jul. 20, 2012 @ 11:37 am

Why did Madison count so many of Mirkarimi's political enemies, and so many of the Willie Brown machine, as her personal circle of friends?

Posted by Guest on Jul. 19, 2012 @ 5:32 pm

Besides Phil Bronstein, whose status as a political enemy of Ross Mirkarimi could use some proof, who do you mean exactly?

Posted by Guest on Jul. 20, 2012 @ 11:42 am
Posted by Guest on Jul. 20, 2012 @ 12:05 pm

Ivory Madison and Kamala Harris are friends? How do you know?

Posted by Guest on Jul. 20, 2012 @ 12:37 pm

Lopez is coming across as the same naive person that she was when she was making videos with a friend of Mirkarimi's political enemies.

Not just Mirkarimi's enemies, by the way.

Enemies of progressives. Enemies of everyone who isn't "rich."

"I have a lot of rich friends. They have empty houses. You can move in."- Ivory Madison

Posted by Guest on Jul. 19, 2012 @ 5:36 pm

You're quoting Eliana Lopez, not Ivory Madison. Lopez is known for speaking different versions of the truth depending on what she thinks the situation calls for, so big grain of salt there.

Posted by Guest on Jul. 20, 2012 @ 11:40 am

Ivory Madison has a lot of rich friends. She is selling stock in her start up.

I don't think that Mirkarimi has a lot of rich supporters.

It is strange that someone like Madison who is attracted to rich people would be supportive of Mirkarimi, who has fought against the best interests of rich people his whole time on the board of supervisors.

Posted by Guest on Jul. 19, 2012 @ 5:43 pm

What "best interests of rich people" did Mirkarimi fight against as a supervisor? I imagine a lot of people voted for him for Sheriff because he pledged to continue Mike Hennessey's excellent policies at the Department. Lots of rich people supported those policies, didn't they?

Posted by Guest on Jul. 20, 2012 @ 11:46 am

Ed Lee's declaration that his power to remove elected officials from office is "discretionary" is really just more evidence that this is political.

Posted by Guest on Jul. 19, 2012 @ 5:50 pm

The evidence that Madison had a vendetta against Mirkarimi is that she waited days and had consultations with Mirkarimi's most prominent political enemies before she called the police.

If it were you, or I, or any disinterested friend or supporter, and we were that fearful for Lopez, we would have called the police immediately.

Posted by Guest on Jul. 19, 2012 @ 5:58 pm

Why didn't Ivory Madison call the police immediately?

Why did she consult with Mirkarimi's political enemies before she called the police days later?

Posted by Guest on Jul. 19, 2012 @ 6:02 pm

Bronstein told her everything was ready to place her call to the police at a precise time. She dutifully obeyed, thinking this would put her in even better position with Mr. Bronstein's very wealthy wife, the Borders books heiress. Did I mention that Poison IVory runs a book "literary" clearing house?

Posted by Guest on Jul. 20, 2012 @ 8:55 am

None of what you say is based on any facts we've seen so far.

Posted by Guest on Jul. 20, 2012 @ 12:39 pm
Posted by Guest on Jul. 22, 2012 @ 11:53 am

If the video was real, if Lopez was really that upset, why didn't Ivory Madison call the police immediately?

Posted by Guest on Jul. 19, 2012 @ 6:09 pm

Because she was waiting for Lopez to make up her mind about what to do. The texts and emails reveal that.

Posted by Guest on Jul. 20, 2012 @ 11:41 am

We're going on 8 months of this. Gawd damn make it stop! Occasional reader, first time poster, and I am compelled to say something. With this ordeal, EVERYONE FAILS. Like, including any shmuck on here defending anybody involved.

Grades:

Mirk - F
You get the biggest F. Hands down, without a doubt, the worst PR disaster response ever. I'm not hoping you step down because you bruised up your wife, I'm hoping you step down because you revealed yourself to be dumber than a box of 2 day old cat shit. You SUCK at crisis management, and now your life sucks.

Eliana - F
Hey, you know what woulda been helpful? If somebody explained a little strategy we have here in the ol' Red, White & Blue called SHUT THE FUCK UP. Your stories are all over the place honey, and in all honesty, I don't even think the folks here at the SFBG believe your inconsistent, sell involved bullshit. You are out of your league, and would've been out of your league as a cast member of Jersey Shore - that's how dumb you are.

Ed Lee - F
Your political enemy grants you the biggest gift of all time by self destructing in front of the entire City and all you have to do is sit back and watch him burn. And for some bizarre ass reason, you chose to get involved in the fiery trainwreck and set yourself on fire! What the fuck are you thinking? Stick to city management, dude, because you have the political savvy of Starchild.

Me - F
For wasting my time posting this boring bullshit.

Progressives - F
Complete and total inability to properly pick their battles. They consistently find the most nauseating character to rally around and then go balls out supporting him/her/it. Meanwhile all the good work goes entirely unnoticed.

SFBG - B+
Your coverage of this whole saga has absolutely sucked. And Steven sucks at his job extra, extra bad. But props on the penises on the cover this week, that rules.

Posted by Leonard Ballsauce on Jul. 19, 2012 @ 7:52 pm

that he names himself so sweetly. He's also a huge protector of women, especially when they "shut the f up". charming. He's also incredibly annoyed tht Ross Mirkarimi had the fortitude to fight back.

Posted by Guest on Jul. 20, 2012 @ 8:57 am

"Leonard" made it pretty clear he:

- hates pretty much everyone involved including Lee
- likes the penises

Yet he's received responses that say he *is* Lee, and that he is offended by penises. Are people reading a different post or something?

PS - Leonard, I liked the post.

Posted by Guest on Jul. 20, 2012 @ 10:15 am

as a mendacious and back-handed compliment.

"Ed Lee - F
Your political enemy grants you the biggest gift of all time by self destructing in front of the entire City and all you have to do is sit back and watch him burn. And for some bizarre ass reason, you chose to get involved in the fiery trainwreck and set yourself on fire! What the fuck are you thinking? Stick to city management, dude, because you have the political savvy of Starchild."

In fact, Ed Lee political savvy is far more cunning and crafty than "Starchild" while nonetheless proving to be incompetent. Why did he get involved? Well... does being a complete tool of the establisment machine seem plausible? Lot's of folks might think so.

Of course, my accusing "ballsauce" of being Ed Lee was simply a humorful echo of the rubbish accusations which were made repeatedly on SFGate in the early days of this inflated "scandal" whenever anybody not toeing the machine line would voice a contrary opinion.

You are transparent.

Posted by lillipublicans on Jul. 20, 2012 @ 12:32 pm
Posted by lillipublicans on Jul. 19, 2012 @ 8:10 pm

an "F"?

You know who else gets an F here? YOU. You know why? Because you have been on this tired ass message board 7 days a week,from 5AM to 11PM, including weekends, posting like your opinion matters.

IT DOESN'T. You fail for burying yourself in this bullshit drama and taking sides in the idiot parade. And you know I'm right, and that sucks for you.

F.

Posted by Leonard Ballsauce on Jul. 19, 2012 @ 11:38 pm

Older than you think - maybe 40's or 50's.

Unemployed, of course. More importantly, laid off and blames everyone for himself for that.

No family, hence all the time in the world.

Actually, thinking about it, that describes most "progressives" except for the lesbians.

Posted by Guest on Jul. 20, 2012 @ 4:22 am

an ad hominem match up; because in arguments based on facts, you are just a callow punk unwilling even to take ownership of your words.

Posted by lillipublicans on Jul. 20, 2012 @ 6:45 am

And as soon as you offer any facts, rather than opinion masquerading as inadequacy dressed up as emptiness, I'll be happy to refute them.

Posted by Guest on Jul. 20, 2012 @ 7:29 am

I don't really care to speculate on whether that indicates a wider and more pervasive lack of intellectual acumen on your part, but you seem to have missed plenty of other facts which I've already mentioned regarding this matter.

Posted by lillipublicans on Jul. 20, 2012 @ 10:37 am

Being less clever than you think you are must be a curse.

Posted by Guest on Jul. 20, 2012 @ 11:18 am

themselves to be are often unable to take instruction which might otherwise benefit them.

Putative means "supposed"; while it is synonymous with "perceived" it has a negative connotation with regard to its factual basis.

http://
etymonline.com/index.php?term=putative

Posted by lillipublicans on Jul. 20, 2012 @ 11:36 am

you'd been carefully counting every post. Has that anal retention caused you any bloating? any self-loathing?

Posted by Guest on Jul. 20, 2012 @ 8:59 am

I think that you are all missing the point. What Mr. Mirkarimi did is called DV. He is a chief law enforcement official. The two don't mix. Period.

Posted by Guest on Jul. 19, 2012 @ 8:55 pm

For me the issue is the definition of high moral standards and official misconduct.

For all five members of ethics to rule that mayoral perjury is not relevant to their determination is amazing.

Posted by Guest on Jul. 19, 2012 @ 9:33 pm

Why would something the Mayor did or did not say months after the behavior for which the Sheriff is charged be relevant to whether that behavior makes the Sheriff guilty of official misconduct?

Posted by Guest on Jul. 20, 2012 @ 11:44 am

to charge or not charge. In the charges filed by the mayor, he states he is using the discretion to remove Ross because the misdemeanor plea while not sheriff rises to the level of unacceptable conduct . If he chose to launch a lynching against a political opponent who got more votes than he did and who won't kiss his royal mayoral ass, as opposed to being all shocked and disheartened about one arm grab..then his alleged under oath lying about the political dealings involved..show that the motivation was not the outrage that the mayor feigns. You should read the charging docs and amendments.

Posted by Guest on Jul. 20, 2012 @ 12:11 pm

"If he chose to launch a lynching against a political opponent who got more votes than he did and who won't kiss his royal mayoral ass, as opposed to being all shocked and disheartened about one arm grab."

That's a pretty big "if." I've read all the docs, and if the facts of Mirkarimi's behavior are as stated, then he deserves to be removed from office.

Posted by Guest on Jul. 20, 2012 @ 2:08 pm

from Poison Ivory who never witnessed any abuse of Eliana Lopez by anyone(other than herself) Most of the "poisoning of the well" crap in her declaration was rejected by the Commission. If you'd read the record..you'd know that.

Ms. Madison never saw any beating, hitting, smacking, bloodying, breaking, or hurting. She conned Ms. Lopez into making a little movie for future legal purposes.. Have you ever wondered about POison Ivory's "anger" issues that have her going to a therapist? If you've read all the docs, as you say you have, you'd have that question along with lots of others. If you saw Dan Noyes I-Team piece on abc7 about all the people contacted by Poison Ivory before she called the police, you'd have questions as well...if you have half a brain, that is.

Posted by Guest on Jul. 22, 2012 @ 11:58 am

doesn't matter whether Ivory witnessed it or merely photographed the bruised results of it.

Posted by Guest on Jul. 22, 2012 @ 12:07 pm

It will be interesting to see if the mayor's briefing will include perjury in his definition of official misconduct and high moral standards.

Posted by Guest on Jul. 19, 2012 @ 9:15 pm

I'm hoping the 8 Washington ballot is the beginning of the end for that perjuring election thief.

Posted by Guest on Jul. 19, 2012 @ 9:37 pm

Post new comment

The content of this field is kept private and will not be shown publicly.