Aguilar-Tarchi read yet another text which Lopez allegedly wrote to her neighbor, Ivory Madison, on
Jan. 2: "I agree with everything. I realize how serious it is and
must be smart to protect Theo and myself ... I just want to run away."
said the District Attorney's Office had already requested that Child Protective
Services visit Theo based on the Dec. 31 argument as well as a previous message Lopez had allegedly written Madison on Oct. 19 describing a possible child-neglect
incident, when Theo was "not being fed, vomiting, being
left in a car," Aguilar-Tarchi said.
feared leaving Theo alone with Mirkarimi, because the previous week she
found Theo "all wet, shoes, socks, pants, diaper" after leaving him
alone with Mirkarimi for two hours.
investigator visited the child on Jan. 21, and observed that Theo's needs were being met, according to Stiglich. She argued that the
CPS report -- a confidential five-page document reviewed by the judge -- found that any allegations of emotional abuse were "unfounded," and the
only trauma Theo is suffering is from being separated from his father.
charged with dissuading a witness -- his wife. Aguilar-Tarchi referenced quotes
from Lopez that were in the police affidavit, which stated Mikarimi became scared when
Lopez threatened to tell people about the New Year's Eve argument. She also
mentioned the existence of evidence that Lopez believed Mirkarimi had taken her and Theo on a trip to the Monterey Bay Aquarium to
isolate Lopez from people, and hinder her from telling anyone about the argument.
courtroom, crying, with an entourage of supporters and sheriff's deputies
shepherding her down the hall away from the pack of media cameras. Mikarimi left the courtroom next, stopping outside to give a short statement to the
haven't been able to see my family, be with my wife, or be with my son,"
the sheriff said. "This is disproportionately cruel, and I'll continue to
fight this. But like I've said since moment one, the only way I can is
to let this process unfold, and to do so, I think it's important."