i am happy to read the paragraph so we know the date we are talking about. >> that is not how you impeach a witness. i do not feel like i should teach this gentleman how to properly impeach a witness. ask her if the -- ask her if she made that statement. you do not read it out loud like this. >> this is the right way to in peach a witness. -- impeach a witness. >> can i have the last question and answer? >> what about as an elected official? the answer is no.

>> i think you should establish more foundation, mr. keith. >> you had a conversation about what might happen regarding the custody of your son. on january 1. >> yes, that was the beginning of our conversation. >> your conclusion and your own experience was that as an american and a politician, your husband is a powerful man and if he wanted he could win custody of theo.

>> when i went to talk to library, i was ascared about losing my situation if we get a divorce. what is my decision and in a family court. and after our conversation, she made me feel even more scared because she also said, it she used the word all boys' network and they will cover for each other so you have to make evidence and you need something to protect yourself and fight in case you get in a custody dispute. so she told me that of course my concern was right and she used

that word old boys' network. >> i move to strike everything after yes as not responsive. >> overruled. please, we need to keep it down in here. >> your husband has told you he is a powerful man more than once. >> i think that has been asked and answered. >> overruled. >> are you asking me if he said that more than once?

no. actually, he never said that. that was my conclusion. he never said i am a powerful man. that was the conclusion of the 40 minute conversation. he said he is a part -- he is more powerful than me. that was my conclusion. he never said i am a powerful man like a sentence. >> did he ever say he is very powerful? you said in the video that he said he is very powerful. >> yes. >> you do not want your husband to take theo away from you? >> i do not want him taking my son away from the in the same way i will never take theo away from him. >> to you have concerns for theo's safety with your husband

being the primary caregiver? >> objection. >> sustained. >> have you made an agreement with your husband about what would happen regarding the custody of theo in the event of a divorce? >> never. >> on december 31, your husband offered to take you out to lunch for pizza. >> that was the plan.

i said i am not going to cook. we will have to go out for lunch. [laughter] >> you are saying it was your decision? >> yes. >> everybody got into the van. while in the van, you try to have a civil discussion about going to venezuela. >> yes. >> the discussion you wanted to have was about visiting with theo. >> yes. >> you try to be polite in bringing up that subject? >> i am not sure if i was trying to be polite. i was just saying what i wanted. >> at the time that you raised

this issue, he knew that was a sensitive subject for your husband. >> yes. >> when you raised that issue, it your husband was not respectful in response. >> he was nervous, yes. >> he started yelling at you. >> yes, a little bit. for ross to yell, his voice is so strong he does not have to do too much. he is too loud all the time. >> you have had the experience of someone yelling at you in an angry way. >> i do not think he was yelling. he was not happy with that. >> your husband was not yelling. >> he was talking with his voice.

but he was not happy at all. >> he told ivory madison that your husband started yelling profanities at you. isn't that what happened? >> yes. >> so, he was yelling profanities at you. >> how i recall is that he said profanities' but just one thing was the only thing he said. i said do not talk to me that way. he apologized but he was not happy. >> ok. this was happening with your son in a car? >> yes. >> ok. how did your husband's yelling in the car affect your son?

>> objection. relevance. >> overruled. >> i have to answer? yes, theo was -- it was his nap time. so, he was sleeping in the car seat. and i don't not recall he was crying in the car until the very end. because we were having a discussion, not that he was yelling. we were having a discussion. not a friendly one, but he was watching.

he was fine. >> your son did cry during that discussion, but not until the end of it. >> during the discussion he did not cry. >> so when you told ivory madison he cried in the car -- >> he cried after he grabbed my arm. >> after your husband grabbed her arm. >> i got angry and i said stop. it was my reaction that scared my son. >> answer the question. >> at this point in the car, he is not crying. >> did you ever say to your husband during the course of this discussion, argument, stop, look what you are doing to our son. do you know wwhat this is going to do to him?

>> we are now in the car, right? at this moment he is not crying and i did not say that. >> so in the course of the fight to never said those words. >> when he grabbed my arm i said stop in a very hard way and when we came inside i said, stop, right now. i am going to cook lunch for theo. he was crying because he reacted when i yelled at him. i said stop. he apologized. >> your testimony is that -- >> i went inside. >> if you let me ask my questions and answer them. this will be over a lot sooner. so, you testified you told your

husband to stop. did you tell your husband look at what you're doing to our son in the course of this argument? >> yes, but the context is -- it is different if you put it in another context. >> your lawyers will have a chance to ask questions as well. there will be an opportunity for other questions from the other side. >> it is a fine with us to start tomorrow again. >> let's take a break. miss lopez, let me remind you are still under oath. i would advise you to not to talk to anybody between now and when you appear again tomorrow. >> good. thank you. thank you for being patient.

>> let's excuse the witness. is there anything else we need to talk about tonight? mr. keith? commissioners? ok, here is my plan for tomorrow. i would like to finish with miss lopez, we need to talk about the london declaration, we need to talk about the mayor's rebuttal exhibit, and we have to talk about the sheriff's request for rabat witnesses to -- rebuttal witnesses. the flores testimony, my understanding is that you want to make oral objections? >> i am not going to go through it line by line.

and all encompassing objection. >> we can deal with that tomorrow as well. are there any other issues we need to address? >> in regard to the testimony and the objections, it would be helpful if -- i would like some notice as to what they're going to be. >> was antti -- was there anything you wanted to point out? crowd say very much. -- thank you very much. do we need to do the interim boat? -- vote? with that, the meeting is adjourned until tomorrow evening.

captioned by the national captioning institute --www.ncicap.org chairperson hur: good afternoon, welcome to the continued meeting of the san francisco ethics commission relating to the official misconduct proceedings against ross mirkarimi. we'll begin by taking the roll. commissioner studley? studley here. commissioner liu? commissioner liu: here. commissioner hayon? commissioner hayon: here. chairperson hur: commissioner renne? commissioner renne: here. chairperson hur: when we last left off, we were hearing the testimony of eliana lopez.

can the staff bring ms. lopez and her attorney into the hearing room? while that's happening, just a reminder, any disruptions, we're going to have to ask the sheriff to remove anybody who makes noises that are inappropriate, any disruption, i'm asking him now to please remove somebody even without direction from me. we're trying to pay attention to the testimony. you're free to do whatever you deem necessary in light of what we're trying to accomplish here and we thank the public for your cooperation in that. obviously, the testimony is sensitive and we're really trying to pay close attention so thanks in advance for your cooperation.

i will ask the attorneys the same question i asked yesterday evening, whether there are additional seats that you had reserved that you're not longer using. if that's the case, please let the sheriff know and we can allow a few more people in. if you're still waiting for others, we understand you need to reserve your seats. >> i think we only need a total of five. so if there's still 10 reserved, we can release five. chairperson hur: ok. so i guess you can release five

seats. ms. lopez, let me remind you that you are still under oath. do you understand that? >> i understand. chairperson hur: and same for the interpreter, you understand you are still under oath? >> yes, i understand. chairperson hur: mr. keith, you may proceed. >> good evening, ms. lopez. have you communicated with your husband's attorneys, mr. kopp or mr. wagner at any time before tonight? >> i just give him a little back and say hello and i bring a

present for him from venezuela because i think they are doing a great job, both of you. i have one for you, too. >> have you had any conversations with them about the events of december 31 or anything that happened after that with regard to the police investigation of that incident? >> no. >> did you share a draft of your declaration with your husband's attorneys? >> no. >> and you recall being directed by the chair of the commission not to discuss your testimony with anyone after leaving the witness chair last night? >> yes. >> have you discussed your testimony with anyone since leaving the witness chair last night? >> no.

>> ms. lopez, last night when we left off, i asked you about whether you made a statement to your husband on december 31 along the lines of, please stop, look at what you're doing to our son, do you know what this going to do to him, please stop for our son? and then you mentioned that the first time you told your husband to stop was in the mini-van. do you recall that testimony? >> si -- yes, i'm sorry. >> that's ok. what was your husband doing to you in the family mini-van that led you to tell him to stop? >> he grabbed my arm. >> how long did he hold on to your arm?

>> he grabbed my arm and i said stop, it was one second. how much you can take the time. "stop." >> i think the record should reflect that the witness moved her right arm suddenly across her torso. chairperson hur: record should so reflect. >> were you a danger to your son at the time that your husband grabbed your arm? >> whether i was a danger? >> yes. >> no. >> do you think that your husband needed to defend your son from you? >> i don't think so. >> you got an injury from your husband on december 31st? >> i got a bruise.

>> is that an injury? >> i'm not a doctor. i can say i got a bruised. >> you don't know whether that's an injury. >> objection, relevance. chairperson hur: answer's in. >> there was a second time on the 31st that you told your husband to stop that you mentioned last night. do you recall that testimony? >> yes. >> where were you the second timing -- time you told your husband to stop on december 31st? >> in the kitchen of my house. >> and at that point did you say to your husband, something along the lines of "please stop, look at what you're doing to our son, do you know what this is going to do to him, please stop for our son?" >> in the kitchen he was

apologizing i didn't want to talk with him so i said, stop, do not talk to me. and at that point was around 1:00 p.m., he was hungry. he was sleepy. i was hungry. i was angry because i have to cook and make the lunch late at 1:00 when it's already nap time and he was trying to apologize so i just say, stop, let me cook, make things i have to do and deal with you. >> on december 31, did you tell your husband, look at what you're doing to our son? >> no. >> did you tell your husband, do you know what this is going to do to him?

>> no. >> did you tell your husband, please stop for our son? >> no. >> now, why were you concerned concerned -- let me step back for a minute. were you at all concerned about the effect of your husband's behavior on december 31st on your son? >> i do not like to fight in front of my son, so i was trying to avoid anything and i of course i was so angry he grabbed my arm in front of my son. >> why did that concern you? >> not only that, the profanity, i think, was worse for me. >> why did the profanity concern you with regard to your son? >> because it's not right to say that kind of things in front of my son. >> are you concerned. >> i don't say any bad word in front of him. >> are you concerned about the effects of that kind of behavior

on your son? >> yes. >> and were you concerned about a negative effect on your son of your husband using force on you in the presence of your son? >> absolutely, very strong. >> were you concerned about your son growing up in an abusive environment? >> objection, relevance. chairperson hur: counsel, what is it going to? >> this is going to the witness' state of mind and what her state of mind was on the 31st with regard to the situation with her husband. it's part of our claim that the witness had an awareness that she was being abused and after the communications we have been going over over the past couple of nights that changed. chairperson hur: we'll allow this question.

overruled. >> can you repeat the question? >> you were concerned about your son growing up in an abusive environment? >> i think an abusive environment is when that kind of thing happen every day or every week. i would never be -- i would never let my son have that kind of experience. but, of course, if it happened one time --. >> a warning signal. >> that you have to pay attention and that is why i was mad of him. >> did you tell cali williams you were concerned about your son growing up in an abusive environment? >> i think to cali williams, you said? >> yes. >> can you repeat the question?

>> did you tell cali williams you were concerned about your son growing up in an abusive environment? >> yes. >> and when you that said to cali williams, were you referring to your own home? >> she was telling me about her father who was an abuser of her mother and hurt her mother, and he was, she described like a horrible domestic violence, and that affect her. she was telling me her own experience,ids, and i said, of course i do not want my son growing up in that kind of environment, but she was talking about her own experience because she, i think she grew up in a domestic violence house and her father, she described that her father. chairperson hur: ms. lopez, i'm going to stop you right there.

>> i'm sorry. chairperson hur: you're starting to be nonresponsive to the question and i don't think we need to go into the details of that. i think you have your answer. move on. >> ok. >> and when you told your husband to stop in the kitchen, what happened after that? >> he moved to another room. >> how soon after he came into the house did you tell him to stop? how soon after your husband came into the house did you tell him "stop"? >> immediately he came inside and i say, you don't talk to me and stop. >> did you continue to argue with your husband inside your home? >> no, i just said that. >> didn't you tell cali williams that the argument with your husband continued inside your home? >> no.

>> didn't you tell ivory madison that the fight with your husband continued inside your home? >> no. i told them exactly what i already told you right now. >> so did your husband push and pull and grab you inside your home? >> never. >> ok. didn't you tell ms. had son and ms. williams that your husband continued to physically abuse you in your home? >> no. >> ms. lopez, your testimony is that you never ran out of the house screaming on december 31st? >> yes. >> ok. now, after the fight with your husband on december 31, did you send a text message to abe mertens. >> december 31st? >> yes. >> and that message said, hello, where are you guys? >>