Under oath - Page 2

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Mayor Ed Lee testifies in front of the Ethics Commission shortly before being whisked away by his security detail.

Kopp specifically asked whether that job offer had been extended on Lee's behalf by permit expediter Walter Wong or by San Francisco Democratic Party Chair Aaron Peskin, to which Lee replied, "Absolutely not."

Mirkarimi supporters have told the Guardian that Peskin had made that offer, which Mirkarimi refused, shortly before the party chair publicly called for Mirkarimi's resignation. The outgoing message on Peskin's cell phone said he was unavailable and wouldn't be checking his messages until July 5. Mirkarimi's attorneys said they're still figuring out how to respond to the developments and had no comment, but Walker said she's willing to testify under oath.

But the dramas underscore the treacherous grounds opened up by these unprecedented proceedings, the first involving the Ethics Commission and the broadened definition of official misconduct placed into the City Charter in 1996. As baseball great Barry Bonds and former President Bill Clinton learned, being forced to testify under oath about sensitive topics can be a tough trap to negotiate.

 

MIRKARIMI TESTIMONY

Deputy City Attorney Peter Keith also seemed to be trying to spring that perjury trap on Mirkarimi as he took the stand on the morning of June 29 following an hour on the stand at the previous night's hearing. Keith reminded Mirkarimi that he was advised not to discuss his testimony with anyone and asked, "Who have you spoken to since last night?"

"My attorneys," Mirkarimi answered.

"What did you say to them?" Keith asked, drawing objections about attorney-client privilege that Commission Chair Benedict Hur sustained.

"Did you stop for coffee?" Keith then asked, seemingly concerned that Mirkarimi may have discussed his testimony with someone at the coffee shop that morning, which Mirkarimi denied. Keith let the allegation go but maintained an accusatory, hectoring tone throughout the next three hours that he had Mirkarimi on the stand, two more hours than he had told the commission he would need.

Much of the time was spent trying to establish support for the allegation that Mirkarimi had dissuaded witnesses and sought to thwart the police investigation, which was triggered by a call from Ivory Madison, a neighbor to whom Mirkarimi's wife, Eliana Lopez, had confided. But the testimony yielded little more than the city's unsupported inference that Mirkarimi must have directed Lopez and his campaign manager, Linnette Peralta Haynes, to contact Madison after she had called the police and urged her to stop cooperating with them.

Mirkarimi has maintained that he did nothing to dissuade Madison or anyone from talking to police, and that he wasn't aware of the investigation or that Madison had made a videotape of Lopez showing a bruise on her arm until hours after the police were involved. He even sent a text to Lopez saying there was nothing he could do, as he noted.

"It was after 4pm on January 4 when I first learned of any of this," Mirkarimi testified, later adding, "I was very clear to her in saying you can't unring the bell, we have to follow through with this."

Yet Lee and the deputy city attorneys who are representing him also maintain that they needn't prove witness dissuasion or other allegations they have made, and that the Dec. 31 incident and Mirkarimi's guilty plea to a single misdemeanor count of false imprisonment are enough to constitute official misconduct and warrant his removal, an interpretation that Mirkarimi's attorneys dispute.

Keith sought to hammer home how Mirkarimi should have admitted to and publicly atoned for his crime right away rather than telling reporters it was a "private family matters" (which Mirkarimi admitted was a mistake) or fighting the charges by trying to discredit Madison publicly, an allegation he denies.

Comments

Jason Grant Garza here ... whether perjury, bad faith, abuse of power, abuse of office or MORAL HAZARD ... these are common tactics used by the city to WIN.

The city does NOT care about HUMANITY, the LAW, Right Conduct, it's LEFT for DEAD INNOCENT VINDICATED VICTIMS just winning at ALL COSTS ...

Don't believe me ... type my name into a google search engine or better yet ... go to http://www.myownprivateguantanamo.com to see the city's paperwork regarding case C02-3485PJH where the city denied me EMERGENCY MEDICAL SERVICES. At the website you will see the city "TESTILYIED" to have my case dismissed 2003 only to sign a "Confession/Settlement" Agreement in 2007 with the Office of Inspector General ADMITTING FAULT and GUILT for BREAKING FEDERAL LAW against me. Then they LEFT me for DEAD. Any more questions as to whether the city will lie or misrepresent or better yet MIS-SPEAK? Ha,ha,ha.

So when I went to start an investigation and accountability (how can you correct if not) I was ... you know the GAME. Now I went seeking MEDICAL services again 2011 (see case # 11081) at the MINISTRY of SUNSHINE and again the city gave the INCORRECT harmful and injurious city attorney advise and I was denied PUBLIC RECORDS. When I challenged them ... I still await not only the records but the MINISTRY holding them accountable and sending foward to ETHICS as requested. I guess I should just DIE now since HOPE, Good Conduct, Righ Action will never happen at the MINISTRY. Call and ask the MINISTRY (Andrea 554-7724) where the HIPAA expert is in case # 11081 and if they are not screwed since I will not let it pass or WHITEWASH. When I tried to escalate teh matter to Mr. Herrera ... you know the drill ... yet, I have kept all the paperwork to post to the web.

My in case # 11099 the city can not provide the CORRECT information as to who "ACCREDITS" them for patient/medical care" however, the MINISTRY has said it can not make DPH produce something it does not have, See case # 11099 ... Again faulty process, garbage in, garbage out is what the city provides and when BUSTED as in the "confession/settlement" agreement where the city admits breaking federal law against me ... I'm still Left for DEAD ... tactics, unaccountability, and inhumanity (Moral Hazard) is how this operates, runs and devolves.

Go KOPP Go KOPP GO KOPP Go KOPP .....

Shall we NOW see the cover-up over the records (PUBLIC RECORDS) for the Bomb Scare, the PUBLIC being left as FODDER, or others spoken to? Wait it's coming ...

Yes, go to http://www.myownprivateguantanao.com to see HOW the city attorney PLAYS the GAME of JUSTICE, HUMANITY, COMPASSION, ETHICAL BEHAVIOR, Investigation and accountability in order to correct (ha,ha,ha) ... any more questions?

Posted by Jason Grant Garza on Jul. 04, 2012 @ 6:51 am

Was Mayor Lie wearing a wire when he lee'ed about Wong and Olague?

Posted by marcos on Jul. 09, 2012 @ 9:52 am

Many wires, like a puppet dancing on a string.

Posted by Patrick Monk RN on Jul. 12, 2012 @ 8:41 am

No, was Ed Lie being fed answers via ear piece while testifying under oath given that every question was punctuated by a longish gap prior to Lie's leeing answer.

How do we know that the Mayor was not listening in his ears for hints from someone like Willie Brown who knows how to evade traps and that the same person did not fake the bomb threat to give Ed Lie cover?

Posted by Guest on Jul. 12, 2012 @ 10:15 am

beings from a distant galaxy?

How do we know that the earth isn't flat?

How do we know if there is any limit to how ridiculous allegations about right-wing conspiracies will get?

Posted by Guest on Jul. 12, 2012 @ 10:59 am

So how do you explain the long gaps? It should be very simple to test if a witness is wired, and since these torturous delays happened with every question and it is difficult to comprehend that Ed Lie's brain works THAT slowly, what's the harm in testing for a radio reception device in the Mayor's ear when he is recalled to testify?

If there is nothing to hide, there is nothing to hide, right? The most transparent administration in history.

Posted by Guest on Jul. 12, 2012 @ 11:24 am

radio is almost certainly a right wing troll sowing this conspiracy theory as bait; ultimately for the purpose of attempting to discredit the far more credible idea that the bomb threat was engineered to get the mayor off the hot seat.

Even the bomb threat "conspiracy" isn't necessary to see Ed Lee for what he is: an opportunistic tool of big business, real estate, and other entrenched SF power interests.

Posted by lillipublicans on Jul. 12, 2012 @ 12:00 pm

So there's a right-wing conspiracy to spread right-wing conspiracies to discredit those who spread right-wing conspiracies?

Please tell me you weren't serious. Please.

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

substantial.

Once again: there have been no claims of "conspiracies"... until this one which is plainly a ruse.

A conspiracy -- such as a mike and earphone setup such as GW Bush likely used in debate against John Kerry -- requires at least *two* people.

The question of whether a bomb threat was phoned in to shelter Lee from hard questioning regarding his behavior leading up to the Mirkarimi suggestion only requires the belief that *one* person who saw Lee getting flustered acted.

Much more interesting is Wong's reticence and contrived unavailability for questioning in this matter anyhow.

Posted by lillipublicans on Jul. 12, 2012 @ 12:45 pm

was attending unless there was a prior agreement to do so (conspiracy) or because the bomb threat was real, which is what the sheriff's department also says.

You're reaching. And inviting the presumption of a conspiracy for which not a shred of evidence exists.

Posted by Guest on Jul. 12, 2012 @ 1:01 pm

It is possible that both are true, that Ed Lie was fed answers and alerted that the fake bomb scare was to occur and that the bomb scare was fake.

It is much simpler to test witnesses for honesty as pertains to wearing a 'wireless' than it is to suss out how the fake bomb scare went down.

Those long gaps between question and answer for a trained lawyer who got himself elected as Mayor of San Francisco and who has risen through the City bureaucracy over the decades are very suspicious.

Posted by Guest on Jul. 12, 2012 @ 12:40 pm

they should always delay before answering a question just in case your lawyer wishes to object to the question or demand it be rephrased.

Thinking before you speak is prudent in any event.

The rest of your post is total speculation for which you don't have a shred of evidence.

Posted by Guest on Jul. 12, 2012 @ 1:03 pm

Ed Lie was not prepped for this depo, otherwise he would not have perjured himself twice.

Perhaps a few seconds of delay would be appropriate, enough to catch a glance from your attorney but no more. But the tens of seconds of delay per question is in line with being fed answers, and is more suspicious of a felony crime of obstructing justice than a bruised arm is of a misdemeanor.

Posted by Guest on Jul. 12, 2012 @ 1:11 pm

the defendant took 2.7 seconds longer than the average deposee.

There is zero evidence that Lee was fed answers, zero evidence that he lied, and zero evidence that the proceedings were interrupted as part of vast right-wing conspiracy.

If you're in law school, don't quit your day job.

Posted by Guest on Jul. 12, 2012 @ 1:27 pm
Posted by lillipublicans on Jul. 12, 2012 @ 8:55 am

campaign manager to try and "persuade" Madison to keep her mouth shut about his violent crimes.

Posted by Guest on Jul. 12, 2012 @ 9:14 am
Posted by Patrick Monk RN on Jul. 12, 2012 @ 9:03 am
Posted by Guest on Jul. 12, 2012 @ 10:13 am

Mayor: Oh, we can bully and intimidate by (litigation privilege) ... Ross you tried to dissuade a witness, joked about domestic violence, committed "Official Misconduct while in office as SHERIFF; however any of my statements under perjury can not and will not be questioned. I am lord god over the process. We can even "CHUM" the water, "poison the well" ... I mean what are you going to do about it ... expect due process, ha,ha,ha. Ross you'll say anything just to pick on poor little me ... I was just doing my job as MAYOR.

What squeaky clean above reproach is needed? What I say can not and will not be questioned! Yes, we should expect more from Ross; but don't question me over what I said or what it means.

Maybe the Mayor was taking NOTES from Madison on how to SPIN a tale of FICTION.

Posted by Guest on Jul. 14, 2012 @ 4:26 am

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