Under oath - Page 3

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

After unsuccessfully trying to get Mirkarimi to admit to directing efforts to question Madison's credibility in local media accounts, Keith asked, "Did you ever direct anyone not to attack Ivory Madison?"

"I never directed anyone to attack or not attack," Mirkarimi replied.

Keith also clarified that Mirkarimi denies the allegation Madison made that the physical abuse on Dec. 31 went beyond grabbing Lopez's arm once in the car, as the couple has maintained. "It's your testimony there was no punching, pulling, or grabbing in the house?" Keith asked, which Mirkarimi confirmed.

Yet Keith said that given the totality of what happened, Mirkarimi should have known he couldn't continue on as sheriff. "Under those circumstances, wouldn't resigning be the honorable thing to do?" Keith said, to which Mirkarimi replied that it's a hard question and that he's doing what he thinks is right.

Faced with friendlier questions from his own attorney, David Waggoner, Mirkarimi apologized for his actions, saying "I feel horrible and ashamed," but that he was "sad and scared" to have his family torn apart against their will. He also said that he believes he can still be effective as sheriff because "what makes San Francisco special is our forward-thinking approach to criminal justice."

Longtime Sheriff Michael Hennessey — who endorsed Mirkarimi and continues to support him — established a variety of programs emphasizing redemption and rehabilitation, hiring former convicts into top jobs in the department to emphasize a belief in restorative justice that Mirkarimi ran a campaign promising to continue.

"Never in my wildest dreams did I think I would be an example of what this redemption process looks like," Mirkarimi said, choking back tears.

But Keith had the last word before Mirkarimi left the stand, belittling the idea that Mirkarimi offers an example to follow by noting how much probation time and court-ordered counseling he still has to undergo and asking, "The process of redemption doesn't happen overnight, right?"



Under questioning by Kopp, Mayor Lee admitted that he doesn't have a written policy on what constitutes official misconduct, that his decisions are made on "a case by case basis," and that he's not sure whether conviction of a crime would always constitute official misconduct "because I've never confronted this before."

"Were you aware that many members of the Sheriff Department have criminal convictions?" Kopp asked. Lee said he was not aware. Asked whether he was aware that Sheriff Hennessey had hired a convicted murderer into a top command staff position (see "The unlikely sheriff," 12/21/11), Lee said he wasn't.

Lee's insistence that Mirkarimi's crime makes him unable to deal effectively with other officials was also attacked by Kopp, who asked, "Isn't it true that people get elected who have disagreements with other city officials?" He pointed out that City Attorney Dennis Herrera had nasty conflicts with Lee when they ran against each other for mayor last year, but that they're working well together now.

Kopp also drilled into Lee about his decision to bring official misconduct charges before conducting an investigation or speaking with any witnesses besides Madison — an answer Lee blurted out just as city attorneys objected to the question. Much of Madison's written testimony has been rejected by the commission as prejudicial hearsay evidence (see "Mayor vs. Mirkarimi," July 27).

But the public's perception of this case, if not it's outcome, could turn on whether Lee is holding Mirkarimi to standards that he himself — as someone appointed mayor on a later-broken promise not to run for a full term — couldn't meet. It was what Kopp seemed to be driving at before the bomb scare.


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.


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


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

Related articles

  • Perspective and proportion

    As the Ethics Commission finishes taking testimony in Mirkarimi inquiry, the evidence on most charges seems increasingly thin

  • Mayor vs. Mirkarimi

    Rival politicians to take the witness stand in official misconduct hearings this week

  • Mirkarimi case -- the aftermath

  • Also from this author