Ethics Commission rejects Mirkarimi delay request

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The Mirkarimi case has generated intense media and political scrutiny.
Luke Thomas/Fog City Journal

The Ethics Commission – in a decision made by Chair Benedict Hur, to whom the commission had given the authority to make procedural decisions – today rejected a request by attorneys for suspended Sheriff Ross Mirkarimi to delay transfer of his official misconduct case to the Board of Supervisors until after the Nov. 6 election.

Mirkarimi's attorneys argued that the decision has been overly politicized during the election season, with supervisorial challengers turning the decision into a litmus test and interest groups polling voters on whether they would be more likely to reject supervisors who voted for reinstating Mirkarimi. The City Charter requires the board to act within 30 days of receiving the official record from Ethics, which will probably happen early next week.

“The fate of the sheriff has been made a key political issue in the election by the media, candidates, consultants, mayoral appointees to commissions, and others. Sending the record to the Board immediately prior to an election deprives the Sheriff of a neutral decision-maker, as guaranteed by the Due Process clauses of the 5th and 14th Amendments,” attorney David Waggoner wrote to the commission on Sept. 10, attaching eight articles and campaign pieces linking the Mirkarimi decision to the supervisorial races.

But Hur disagreed. “There is no evidence suggesting that any member of the Board of Supervisors will disregard the facts and the law and instead vote to sustain the charges based upon perceived political pressure,” he wrote. Actually, he argued that “granting the Sheriff's request would cause the Commission to engage in the type of political maneuvering that it seeks to avoid. The commission will not manipulate the timing of the Board's decision in a misguided attempt to predict the nadir of public pressure on the Supervisors.”

Mirkarimi told the Guardian that he was disappointed by the decision, noting that it was Mayor Ed Lee's piling on of excessive charges that the commission found no evidence to support that have delayed the board's deliberations until the height of the election season. “This is so vividly and transparently political.”

Comments

... or ... Reactionary Mendacity, The Series, Season Four, Episode 25.

http://www.shouselaw.com/false_imprisonment.html

How any normal person could read your lame attempts at propaganda and not see right through them -- and come to realize that this whole scheme to overturn an election is corrupt -- would be beyond me... if I believed such were the case.

Posted by lillipublicans on Sep. 17, 2012 @ 1:55 pm

false imprisonment is not a violent act. It's the deliberate and malicious restriction of someone's else's right to free movement.

The courts rightly take a very dim view of that, and so do voters.

The fact that the perp in this case was in charge of the prison susyem just makes it much worse, and makes Ross unsuitable for that power and that office.

Posted by Guest on Sep. 17, 2012 @ 3:22 pm

provided; nobody whose paycheck (to paraphrase Upton Sinclair) *depends* on not being convinced.

Posted by lillipublicans on Sep. 17, 2012 @ 3:33 pm

for every biased link you can conjure up, I can do the same.

And what paycheck? You're hallucinating.

I'm still waiting for the independent evidence that is sufficient for a DA to act. I've seen nothing so far.

Posted by Guest on Sep. 17, 2012 @ 3:46 pm

who's failed to deliver a matching URL as promised.

I win.

Posted by lillipublicans on Sep. 17, 2012 @ 4:06 pm
Posted by Guest on Sep. 17, 2012 @ 4:30 pm

The FACT is that Ross is in DV counseling for a year as a result of this conviction. To most educated and rational, logical thinking people, that makes it a DV case

Posted by D. Native on Sep. 17, 2012 @ 7:20 pm
Posted by lillipublicans on Sep. 17, 2012 @ 8:10 pm

He has no logical or rational counter point so he insults. A class act all around.

Posted by D. Native on Sep. 17, 2012 @ 9:40 pm

Most "educated and rational" people are perfectly capable of understanding that a sentencing judge has wide latitute in such cases. That Ross grabbed his wife's arm momentariliy.

You seek to emphasize a charge that was dropped and justify that by citing a component of the sentence he received.

Okay. The Mayer kid in the news also got sentenced to a year of DV counseling. But the Mayer kid straddled his GF punched her repeatedly, tore an earring through her lobe, tore out an eyelash, told her he was going to see her dead, threatened her further... now *that* is domestic violence.

Most educated and rational people (who are intelligent, which disincludes you) *know* it is rather odd that the SF DA dealt the same with Mayer for his crimes than he did with Ross Mirkarimi, his political enemy.

Most educated and rational people know that turning the van around isn't domestic violence.

Posted by lillipublicans on Sep. 18, 2012 @ 2:03 am

Is a complex crime that runs a pretty broad spectrum. It includes everything from simple threats of violence to actual physical beatings like happened in the Mayer case. False imprisonment is certainly on that spectrum. If you get ordered into DV counseling it is logical that the case is dv.

Posted by D. Native on Sep. 18, 2012 @ 4:40 am

Isnt the voter fraud done for Mayor Lee's campaign raise the issue of "Higher Standard" or Prerjury for Ed or jury tampering for Ed or influence peddling "no bid contract for Recology" or ballot fraud by Ed's San Francisco Neighborhood Alliance" on film comitting election fraud or the money laundering in the the Go Lorrie Case AND the Andrew Hawkins Archway Mgmt affiliated with Veritas Inv. one of the largest owners of apt. housing. THATS only what we know about Ylou want to know what you look like when you talkk about the black and blue on Elaian'a arm in COMPARISON to Election fraud cheating overturning an election usinng fraud to get elected AND tampering with our deocratic elections AND you have the nerve to talk about a "Higher Standard" ....what does that say about your motives standards values and how should any reasonable fair person evaluate your statement.

Posted by thatsthewayitis on Sep. 17, 2012 @ 6:33 pm

The City Charter did allow the Mayor to suspend Ross. What part of that have you missed?

Posted by D.native on Sep. 17, 2012 @ 11:06 am

The city charter does not allow these charges to be brought for political motive the charter amendment (posted above) denotes only "official" misconduct and that MUST by definnition be applied for when the individual is "OFFICIAL" the incident occurred before RM was "official" (what about the word "official "have you missed the word is what it says " OFFICIAL" what about that is difficult to comprehend for you) More important this is a misdemeanor offense NOT done while in office and not part of RM's offical duties that he either did or failed to do. More important this law when appleid against an "elected" official has a higher bar especially when RM's accuser has multiple acts of election fraud money laundering ballot fraud connected with his election and a corrupt syndicate behind the action against RM. Lets talk about this

Posted by thatsthewayitis on Sep. 17, 2012 @ 9:16 pm

Apparently 4 out of 5 ethics commissioners disagree with you and your rambling illogical analysis.

Posted by D. Native on Sep. 18, 2012 @ 4:34 am

But WHO are the people who voted that RM committed “official”misconduct courtesy of CitiR
The newest commissioner is Paul Renne, a seasoned attorney married to former City Attorney Louise Renne. As a result, Paul Renne reports that he receives $100,000 or more in income from her practice at Renne, Sloan Holtzman Sakai LLP, which provided legal advice to the Ed Lee for Mayor campaign regarding the Go Lorrie’s money laundering case. The case against the Go Lorries contributors was referred by Ethics to the District Attorney where several misdemeanors are pending. The FPPC has fined the Go Lorrie’s company nearly $50,000.
Beverly Hayon joined the commission early in 2011, a midnight appointment by outgoing mayor Gavin Newsom
Those voting against Ross are connected in some way to the Willie Brown syndicate Did you know that G Gascon the DA appointed by Gavin did not investigate the voter fraud of Ed Lee and appointed Paul Renne to the Commission and these facts gathered from Citiport. Herrera representing Ed Lee appointed Studely. Dept of Justice should convene a Grand Jury investigation of the voter fraud not investigated by G Gascon and the workings of the Syndicate of Willie Brown to overturn a democratic election.
Dorothy Liu
Dorothy Liu’s background includes community work on behalf of the Chinatown Community Development Corporation whose head was a co-chair of the Run Ed Run committee.“Our backgrounds give us unparalleled access to key decision-makers. We have critical government contacts, as well as the know-how and experience to convert access into success,” states their web site.
4 out of 5 people who had to twist the law and imagine how it "could" apply thi was accomplished by "wondering" what the voters who passed the charter wanted ...this is illegal the wording of the charter must be followed . And on 12/31/2011 RM was not "official" Sheriff as in official misconduct AND the conduct in question was not in the performance of the duties of the office SO this law and these prejudiced commission members have demonstrated their inability to follow the 4 corners of the charter and have applied the ordinance in a political not fair or just manner.

Posted by thatsthewayitis on Sep. 19, 2012 @ 3:51 pm

*you'd* be claiming that I was *against* fixing computers -- or that I was saying that nobody should own one anyway.

No, in fact, I don't have to argue that DV laws are too strict. My point is that they should not be applied to achieve political goals.

Posted by lillipublicans on Sep. 15, 2012 @ 11:09 am

I think Ross knows that few (or none) of the Supervisors are going to risk their political capital to help him. Even when this began NOT ONE Supervisor said something in support of him or his character. Before his removal as Sheriff someone could have said "I've known and worked with Ross for X years and know him to be a good man. I hope that everyone gives him a chance to have all the facts in this case come out before making a judgement about his guilt."

Posted by Guest on Sep. 15, 2012 @ 4:41 pm

The amount of political capital which will be lost to any supervisor who ignores their constituents in order to kowtow to downtown interests will be significant.

We *know* that you can't win elections by bowing and curtsying to your opponent's base. Nobody better try it that doesn't have some plum appointment lined up first.

Posted by lillipublicans on Sep. 15, 2012 @ 4:54 pm

@lilli blithered:

"The amount of political capital which will be lost to any supervisor who ignores their constituents in order to kowtow to downtown interests will be significant."

Now @lilli, even Ross knows that isn't true. You do know that Ross tried to move the BOS vote until AFTER the election, right? If you were right then wouldn't he want the BOS vote held BEFORE the election so that those who "kowtow to downtown interests" will face punishment from by their constituents in the manner that you describe?

Could it be, @lilli, that you were just making something up and spouting it out like it was the truth?? Again?

@lilli, several people here have pointed out that you blither like an absolute idiot and you just don't (or can't) accept it. This is yet another example. How many do you need before you agree to get the help that is out there and available to you, if you would only ask.

Posted by Another Guest on Sep. 15, 2012 @ 6:28 pm

city governement, more developers getting rich at the expense of San Francisco's unique character and social fabric; and getting rid of the highest elected progressive in government is just part of that ugly tapestry.

In scheduling the vote before the election, these forces create a powerful litmus test for which supervisors merit pre-payment for future services in the form of unlimited campaign dollars today.

As was pointed out previously, scheduling the vote for just prior to the election was Lee's plan; it was Lee politicizing the process in that way as well as from its inception.

Posted by lillipublicans on Sep. 15, 2012 @ 7:15 pm

As sheriff Mirkarimi's days of making policy are over.

Why you think Lee and the conspiracy would spend so much time and energy on this is a mystery.

Mirkarimi's ravings about how people are out to get him because of his "truth to power" ravings are so strange.

Posted by matlock on Sep. 15, 2012 @ 7:37 pm

You didnt ask me though your question is "why do you think lee and the conspiracty would spend so much time and energy on thi is a mystery"
Well its the City of SF time and energy that is being spent on this ....althoug a PR firm like Weber Shandwick might cost a few bucks....WHY lets look at election fraud have you heard of the "Go Lorrie" case money laundering payments made to 'guess who" yes Ed Lee campaign have you heard of the Archway mgmt. case IDENTICAL in every way money laundering and payments to Guess who? Ed Lee campaign Im pretty sure you heard or saw the Chinatown election fraud where the tables were set up and the crew (from Ed Lee campaign conspiracy can I use that word at this point with your permission) Guess what George Gascon the Newsom /Brown apptd police chief appointed DA by newsom/brown couldnt find enough evidence for the Chinatown and the Archway/Veritas inv. case and did investigate the Lorrie case BECAUSE he had to the FPPC had already uncovered the money laundering OKAY OKAY enough of the conspiracy already .......WHY would the conspiracy (if thats okay with your sensibilities) want RM our well one reason could be GIVEN the "election fraud" ballot fraud WHO controls the ballots on Election day ...the Sheriff
But thats not the only reason the Syndicate (is that better than conspiracy) controls contracts city business and sells pay for play and political campaign contributions to control elected offices THEY also want the vacancy>incumbent advantage> their appt wins election> their power increases and investigations and challenes CEASE so their is no mystery there is the true story

Posted by thatsthewayitis on Sep. 16, 2012 @ 11:00 am

How are they ignoring their constituents? The latest poll said that a vote to reinstate Mirkarimi would negatively affect the person's view of their supervisor. By an OVER 2-1 ratio. Please explain how if 2 of 3 voters in my district would be unhappy with me for doing something is "ignoring my constituents".

Posted by Guest on Sep. 15, 2012 @ 6:36 pm

Oh and don't go off about "push-polls". Why hasn't someone from Mirkarimi's side commissioned a "push-poll" of their own?

If you're so in tuned with what the voters of this city think, why don't YOU run for an elected office?

Posted by Guest on Sep. 15, 2012 @ 6:50 pm

of this case is how hard you anti-Mirkarimi haters are flogging the questionable polls.

Posted by lillipublicans on Sep. 15, 2012 @ 9:10 pm

Except when they back up my side and then they're golden.

Posted by Troll II on Sep. 16, 2012 @ 2:58 pm

1. Does the poll agree with my position?

1.1. If yes, it's valid
1.2. If not, declare it bogus

If any of these polls had shown majority support for Ross, he'd be shrieking it from the rooftops.

The hypocrisy of the left is transparent.

Posted by Guest on Sep. 16, 2012 @ 3:12 pm

Just Wait the true story of the RM matter is just beginning....those polls even if true will change....whoever thought that overturning the will of the voters is done by polls or PR companies like Weber Shadwick think again

Posted by thatsthewayitis on Sep. 16, 2012 @ 10:00 am

Use them much less often.

Posted by Troll II on Sep. 16, 2012 @ 3:00 pm

thats the first time anyone has given me apparently to all outward appearances "constructive" criiticism .....and from a Troll who would have thougth....

Posted by thatsthewayitis on Sep. 16, 2012 @ 5:44 pm

The problem RM has is NOT that he does or doesnt have support ....the question is support WHAT....the incident that occurred on 12/31/2011 has NOT been presented what really happened is not what we see. What we see is the Willie Brown machine a family a 3rd significant other person Ivory Madison who so distorted the reality that Eliana the action of Ross is but a secondary story. For whatever reason the part that Ivory Madison played was not as an extra she was the principle the director and the hero she invoved that family in her unresolved drama as SHE laids it out HER own words...
"“I found that it was much easier for me to lobby legislators about domestic violence than to leave my abuser. Even after I finally escaped, I didn’t want to think about my victimization. I wanted to be a hero. I still do.”
...a desire to avenge her past inaction and become the hero....along came Elaina doesnt even know what she is being drawn into but has some trust and ...the story is spun ...you cant have a hero without a damsel in BIG distress....Ross and Eliana have problems each suspects the othe in regards to custody Eliana fallls for the solution Ivory gives her ....but not in a vacuum ...in Willie Brown territory who seizes on this weakness to use for his own purposes. For all these reasons we dont know what happened ...it comes down to if you dont like Ross do the recall election dont let the machine using these elements for its OWN purpose.OVERTURN an elected official

Posted by thatsthewayitis on Sep. 15, 2012 @ 5:00 pm

only the beginning

www.citireport.com Ivory Madison, in her own words.....scary, delusional, freakish.
not just the concerned neighbor who did her duty

Posted by Guest on Sep. 18, 2012 @ 8:00 am

citireport:
http://www.citireport.com/2012/07/ivory-madison-in-her-own-words/

Is that for real? I *was* giving the poor dear too much credit.

I suppose this is another example of how being a bit good looking can allow you to achieve positions far in excess of your capacities.

Ivory darling, "superlative editor" you are not.

Damn, that reads just like D. Native trying to sound erudite.

Posted by lillipublicans on Sep. 18, 2012 @ 10:05 am

"Here's the direct link to Madison's Stanford Law application"

In another shocking development, Madison's third grade disciplinary records were just leaked, revealing that she had frequent problems interacting with other children at recess, along with a suspiciously spotty attendance record.

Given this evidence, how can anyone believe what she says about anything?

Remember: "Progressives: look for positive aspects in their opponents which can be turned towards good.".

Unless, of course, our opponents are a threat to Ross, in which case we will crush them like bugs!

It's evil "regressives" who want to *DESTROY* their "enemies."

Posted by Demented, Yet Terribly, Terribly Persistent on Sep. 19, 2012 @ 7:04 am

How cute! I do believe you are "stalking" me now. Hmmm... trying to remember that twit on SFGate who did the same... aha! "Freudian Click": with the avatar of an old bearded Freud-looking guy's face with a pipe... which strangely always appeared to me to be a comely german lass dressed in a dirndl and holding a stein of beer.)

Well, sorry for Ivory -- I do believe she's had a tough life, as have many -- but you can't describe the rambling effusive screed as being written by a three-year-old Ivory Madison -- unless she's only eight now.

http://www.citireport.com/2012/07/ivory-madison-in-her-own-words/

Posted by lillipublicans on Sep. 19, 2012 @ 8:07 am

"I do believe you are "stalking" me now."

"Stalking?" I believe that the term you are searching for is "mockery".

Actually, lilli, for your sake, I hope that you soon reveal that your hundreds of postings are in fact performance art - I'd hate to think that you were taking this seriously.

Posted by Demented, Yet Terribly, Terribly Persistent on Sep. 19, 2012 @ 8:15 am

To keep attacking the witnesses like Ivory. Ross admitted that he committed a crime and was wrong. Ross also stated on the record that he knows Ivory was just trying to help and do the right thing. that part of the case is over- why keep going after her? She has held zero press conferences, do no interviews and seems to be trying to avoid the spotlight as much as possible. Why drag up what is supposedly her Law School application essay from 10 years ago? You are simply trying to distract attention from Ross and focus on the wrong person.

Posted by D.native on Sep. 18, 2012 @ 10:22 am

narcissistic audodidact female vengeance fame-seeking superheroine for a wife. Be careful what you wish for. Ross Mirkarimi was forced by the DA to play nicey-nice with Poison Ivory. Do you know why? Do you read the Wall Street Journal about the multi-thousand dollar investor in Poison's company who is also a prosecutor( 2 of them) who prepared the charges against Ross Mirkarimi, or is the WSJ not your speed? Gee, I wonder why Poison is never straying from her ivory literary tower, except to go to her shrink. Just trying to help, indeed.

Posted by Guest on Sep. 18, 2012 @ 10:49 am

I've seen the three or four Mirky supporters say over and over again he didn't beat his wife, he didn't abuse her, blah blah blah...

Can someone help me figure out where my logic fails?

I watched the video at http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=871....

In the video Ross admits to committing an act of violence against his wife. Clearly admits it.

A) Isn't committing an act of violence against your wife "Domestic Violence"

B) Isn't DV abusive?

C) Doesn't being abusive = being an Abuser

Doesn't the above clearly make Ross Mirkarimi a Domestic Abuser?

Posted by RamblerTry on Sep. 18, 2012 @ 10:00 am

From the Disney News video:

[...
Ross Mirkarimi: I grabbed my wife's arm and bruised it. That is an act of violence, yes; something I regret terribly.

Deputy City Attorney Peter Keaton: Did you restrain your wife's liberty?

Ross Mirkarimi: Yes.]

He briefly and abortively grabbed his wife's arm. He turned the family van around rather than have a verbal argument about Eliana's desire to take Theo out of the country carry on into a public arena.

You PG&E lovers want to make that out as though he was a "wife abuser" but it doesn't work.

Ross is a stand-up kind of guy, and the fact that he properly identified grabbing his wife's arm as violence demonstrates that fact. It doesn't make him a "wife beater" as the mayor lied.

Posted by lillipublicans on Sep. 18, 2012 @ 10:42 am

But he has committed act so f abuse for which he has apologized. No point in denying that.

Labels aren't helpful but documented recorded facts are.

Posted by Guest on Sep. 18, 2012 @ 11:36 am

Ross Mirkarimi readily admits as does his wife...that he grabbed her arm in a fight over his wife wanting to take their young son out of the country, having just returned from another long such trip. His wife is a movie star in another country and she makes movies there. Did you not know that? Neither Ross nor his wife have ever said he didn't grab her arm, except in your mind.

Posted by Guest on Sep. 18, 2012 @ 10:44 am

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