Ross Mirkarimi Hearing: Judge Grants Eliana Lopez More Time to Fight City Over Video

Update 2:32 pm: Judge Garrett Wong granted Eliana Lopez's attorney's motion for continuance today. This means she will have more time to prepare her argument that the court should not release to the city the video of Lopez describing an alleged domestic assault by her husband, suspended-Sheriff Ross Mirkarimi. Her opposition brief is due Thursday and the city's reply is due Monday.

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By this point in the Ross Mirkarimi saga, it almost feels as if we've already seen the infamous New Year's day video: Mirkarimi's wife Eliana Lopez showing the camera a bruise on her arm; tearfully explaining that the injury was the result of an argument with Mirkarimi about Lopez taking their son, Theo, to Venezuela; and then saying that “This is the second time this is happening … we need help and I'm going to use this just in case he wants to take Theo away from me because he … said he is very powerful and can do it.”

Of course, the tape has not been released, but has been in police custody and was admitted as evidence for Mirkarimi's criminal trial. The City Attorney's Office has requested that the court give them access to the video so that it can be used as evidence in the suspended-sheriff's hearing before the Ethics Commission, in which Mayor Ed Lee is arguing that Mirkarimi committed official misconduct and should be removed from office.
Lopez's attorney, Paula Canny, requested yesterday that the ruling on the video's release be delayed because she needed more time to show the judge that releasing the video would violate the Victims' Bill of Rights, as well as Lopez's First Amendment right to privacy. Judge Garrett Wong will decide at today's hearing whether or not to grant the delay.

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