Mirkarimi attorneys request and file sworn declarations at San Francisco Board
KPFA Weekend News Anchor Cameron Jones: The San Francisco Board of Supervisors will review the findings of the San Francisco Ethics Commission in the case of suspended Sheriff Ross Mirkarimi on October 9th. This week Mirkarimi’s attorneys filed a legal brief in which they asked that each of the 11 Supervisors either sign a sworn statement that they have not discussed the case with Mayor Ed Lee, or recuse themselves from voting to reinstate or remove him. KPFA’s Ann Garrison has the story.
KPFA/Ann Garrison: San Francisco Mayor Ed Lee suspended Mirkarimi, then brought charges of official misconduct against him after Mirkarimi pled guilty to a misdemeanor stemming from a New Year’s Eve argument with his wife Eliana Lopez, who has stood by his side, adamantly insisting that he did not abuse her and that he has been the target of a political witch hunt, as the first progressive to win executive office in many years in San Francisco,
Neither of Sheriff Ross Mirkarimi’s attorneys, Shepard Kopp and David Waggoner, were available to explain why they have asked that each of the 11 Supervisors sign a sworn statement that they have not spoken to Ed Lee about this case, but Mirkarimi himself explained the basic rules of both criminal and civil court which they have asked this administrative court, in which the Supervisors are both judge and jury, to abide by as well.
Sheriff Ross Mirkarimi: The prosecuting attorney is not supposed to speak with the judge or the jury panel about any case that they are prosecuting, and in this case, that potential violation has been percolating for quite some time. And the action that we're taking is a very reasonable action to make sure that there is not any undue or unfair bias in the proceeding by the Board of Supervisors in rendering a decision on our case.
KPFA/Ann Garrison: Mayor Lee is not only a lawyer but also the official Prosecuting Attorney on the case. He, not City Attorney Dennis Herrera, signed the charges of official misconduct.
Should the Board of Supervisors fail to abide by fundamental rules that are widely accepted throughout the American judicial system, and should they at the same time vote to remove Mirkarimi, that could strengthen any legal action that Mirkarimi might then take to San Francisco Superior Court should the Board vote to remove him on October 9th.
Yesterday the San Francisco Examiner’s editorial board published their opinion that the Board should indeed sign sworn statements that they have not spoken to Mayor Lee or recuse themselves.
Mirkarimi attorneys Shepard Kopp and David Waggoner have also filed declarations signed by San Francisco Building Commissioner Debra Walker and former President of the Board of Supervisors Aaron Peskin, in which they give evidence that Mayor Lee perjured himself while testifying in the case before the Ethics Commission.