i believe. i am sorry. is in volume one -- it is in volume one. >> thank you. >> sheriff, having found exhibit 36 in matt binder? -- have you found exhibit 36 in that binder?

>> almost. yes. >> commissioners, i would like to read the statement the share of made as a party admission. then i will proceed in asking questions about it. this is exhibit 36, page four, line 18 through page 5, line one. it begins with the defendant as the speaker. the words are, thank you, your honor. i want to be back with my family. i want this to end. i would like to offer my sincere apologies to miss madison, her family, my neighbors, my department, the sheriff's department, and the people of san francisco. i realize that what was reported to the police was out of desire to help my family. i truly regret that these proceedings may have caused the madison family or anyone any suffering, greece,

embarrassment, or harassment, or damage to their reputations -- grief. i want to think the district attorney and my counsel for their professionalism. sheriff, when you made that apology to ivory madison and her family, did you mean it? >> objection, irrelevant. >> overruled. >> yes. >> then you realize that what occurred during the criminal proceedings included a lot of stories in the newspapers regarding ivory madison? >> objection, relevance. >> overruled. >> the question again.

>> of the time you did this apology, you knew there would be many stories in the newspaper about i very madison that painted her in not a very pleasant way? >> i believe so. >> she was blind to it -- painted as a fake lawyer. >> objection, speculation. >> you may answer. >> i believe so. >> ok. she was portrayed as a crazy feminist radical. >> i do not know. >> ok. >> she was portrayed as a tool of your political enemies. >> no. >> you do not think she was portrayed that way in the media? >> i do not. >> objection. [inaudible] >> we have allowed some testimony with respect to how

she was portrayed in the media. mr. keith committed to the point. >> part of your criminal strategy was a double- >> objection. >> share of, during the time to urges are pending against you, you spoke with political consultants outside the presence of attorneys, didn't you? >> maybe. >> in those conversations with the political consulting, you discussed media strategy? >> sure, yes. >> and the the media strategy was part of your defense strategy? >> i do not know if i can say it was or not. >> that question was asked and the objection was sustained.

>> now, ms. madison reported an incident that occurred between you and your wife on the december 31. >> yes. >> and that is an incident in which you committed a violent act against your wife. >> objection. >> sustained. you have gone well over your time estimate. if you're going to ask the same questions, it is problematic. >> sheriff, but -- before march 12, did he make any public statement to disavow any of these portrayals of ms. madison that were in the media? >> objection, relevance.

>> overruled. >> i do not believe i made any public statement at all. >> did you ever direct anyone not to make attacks on ivory madison? >> i never direct anybody to attack or not attack. >> share of, is it your testimony that on december 31, after you and your wife returned home from that trip to the restaurant, there was no

argument at all in the house? >> my wife and i did not go to the restaurant together. my wife went to the restaurant on her own. >> i am talking about this lunchtime trip to the restaurant in the van on december 31, were you turned around in the event. >> there was no argument in the house. >> none whatsoever? >> none whatsoever. >> and it was your testimony there was no physical contact in the house. >> no, not on welcome to -- not unwelcomed. >> your testimony, there was no pushing, pulling, or grabbing in the house. >> none, no. >> just a single grab by end the ban. that is your testimony. >> objection. >> sustained.

>> sheriff, after you were convinced -- convicted and sentenced, the mayor met with you? >> yes, he met with me twice. >> there is a meeting you had with the mayor where he gave you a choice. he said you could resign or you would be suspended and he would initiate misconduct charges against you. >> that is right. i am sorry, i misspoke. when i said it twice, i met before and after. >> sounds like when the mayor gave you the choice, that was after it was the second of those two meetings. >> that is correct. >> and that meeting was act -- after you are actually

sentenced them on march 19, your sentence. >> yes. >> and that second meeting with the mayor when he gave you the choice between resigning or suspension was after you were sentenced. >> that is correct. >> after that time, you had been convicted. >> sentenced, yes. >> convicted and sentenced. you are on probation. >> yes. -- you were on probation. >> yes. >> and it was the very beginning of your three years probation. >> yes. >> you had let down the sheriff's department. >> yes.

>> under those circumstances, wasn't the honorable thing to do to resign? >> objection, irrelevant. >> a chief law enforcement officer can certainly testify to what is considered to be honorable under the circumstances. >> i will allow the question. >> that is a hard question, and the answer is a hard one, too. i believe that, given the choices that had been presented to me by the mayor, i did exactly as i should. >> nothing further. >> thank you, counsel. >> redirect. >> may i request a five-minute recess. >> actually, that is probably a good idea so we can

>> are the microphones on? ok, please proceed. >> good morning, commissioners. i will try to keep my questions brief. sheriff, i would like to take you back to the morning of december 31, 2011. you testified earlier that you had an argument with your wife. can you tell us, what was that argument about? >> it was about an impending

trip that my wife, eliana, had informed me of that she was going to take to venezuela, potentially a rather long trip. and this is not an unfamiliar discussion that we have had in the past because of previous trips that had taken place. >> and why did you become upset? >> i became upset because of the trip that took place about five to six months earlier where my wife had taken our son, which i was very supportive of, was under the impression that that trip would be for several weeks, and it turned out to be over two months. and that is not the first time that that had happened, and i was sad and scared to be without

my family and be without both my wife and son. >> why is that? >> well, i think for any -- at least for myself, any parent, i mean, i love my family and i did not want to be without my son for that long period of time. >> wide is talking about your son of said you? -- why it does talking about your son upset you? >> objection, lack of foundation. >> i am not sure actually got upset. i will abstain the objection. you mentioned you testified that that morning you became upset.

you had an argument about a possible trip to venezuela. >> well, my wife had declared -- i am sorry, i should let you finish. >> what was it about that particular argument, what was said that made you so upset? >> of experiencing the loss and separation again for an undetermined period of time of how long we would be a part. this springs from a previous quarrel that we had and longstanding conversations about long trips abroad where she would take our son theo and it would be a lot longer than had been initially agreed upon. >> and prior to the morning of december 31, 2011, had you discussed with your wife another trip?

to venezuela? >> in a general way, yes. in a general way, but it was only in that morning on our way to lunch had informed that there was an impending trip. >> what was it about that particular trip at that time that made you upset? >> well, we had discussed and argued -- and wanted to make sure that there was a plan. this was something that i spoke with in correspondence e-mails with my wife last time that they were in venezuela, that we would have a plan as to how long, you know, there would be this separation for, and i had been concerned as a parent not knowing the previous trip, all the immigration issues and custody issues that had been

involved win another parent takes a child for a long period of time, and i was really insisting, hoping that we had a plan about what the duration of time would be. that was the body of the argument. >> how do you feel about what happened on december 31, 2011 and now? how do you feel about what you said and did? >> i wish i could turn back the clock, of course. i fear -- i feel horrible, ashamed. just all that. >> let me move forward now, sheriff. we have heard testimony about conversations you had with ms. linnette peralta haynes, your wife, and others. let me ask you very directly. at any time did you dissuade anyone from any law enforcement investigation? >> never. >> at any time, did you ever ask

anyone to destroy any evidence? >> never. >> thank you. we have also heard testimony about your weapons that were turned over to law enforcement. let me ask you first, how did you store those weapons? >> the two semiautomatic, at the six and the beretta, they are -- their slide chambers were completely setback. they were neutralized by a lot of tape. there was never ammunition in the weapons themselves at all. and it were completely immobilized from being of any use, and they were stored in a cabin vent -- cabinet in a storage room that would take both the padlock and a bald

what, two keys, in order to gain entry. on at the smith, it was an open a cylinder, no ammunition, a taped so that the cylinder would not be -- so that the cylinder cannot be engaged, so that, again, they would be rendered neutralized. >> thank you. at any time after your address in january -- arrest in january, at any time, did you have control over those weapons? >> objection. >> do you understand the question? >> yes, i believe i do. >> overruled. >> i had no control and no contact at all with those weapons. >> thank you. going to move on now to -- i believe that your inaugural, you testified earlier that you used the phrase at some point during

the media interview or conference, you used the phrase "private family matter" in its reference to what was happening to you at that time. what are your feelings about that now. >> objection, relevance. >> overruled. >> naturally, i completely regret that i said that, and i made a mistake. i made a terrible mistake in saying that. it was not in the context of what i had meant, and went the statement that was given to me, i should have rejected the statement. >> thank you, sheriff. i am going to move on. only a few more questions. sheriff, between the time that

you were inaugurated, for those couple of months that you were acting sheriff, what did you accomplish as sheriff? >> objection, relevance and beyond the scope. >> what did you accomplish as sheriff? >> i will hear argument. >> part of the mayor's allegations is that the sheriff cannot possibly be sheriff because he is not capable of performing the duties of the office. however, given what the sheriff was able to accomplish while sheriff, that is certainly relevant to that argument into those allegations. >> the argument regarding performance of sheriff does not go to whether he can perform the basic duties or make any certain accomplishments. the argument regarding the duties of share of it goes to the relationship of the duties of sheriff. the basis for our charges is not that he is ineffective or that

the sky will fall if he is reinstituted. the basis of the charges is that he fell below the standard of conduct, and his conduct was also in relation to the duties of the office. >> if i sustain this objection, you're going to maintain the position of whether or not he can perform the duties -- and his effectiveness on the job going forward is not relevant to this investigation. that is what it sounded like you just said. >> commissioners, i do not want to engage in line-drawing on this issue. i know what our position is going to be, but i will give them an opportunity to put in the evidence that they feel they are making it. >> so you are withdrawing your objection? >> yes. >> do you have the question in mind, sir? >> again, please.

>> at the time that you served the city and county of san francisco as sheriff this year, what did you accomplish? >> a great deal. it is, i think, a long answer, but i will do my best to synthesize. i was inheriting a department that had been well-led by my predecessor, sheriff mike hennessey, who had been the longest-serving elected in the history and county of san francisco, 32 years. there had not been an open election for a share of, so there was a great period of transition. part of that transition was my making staff changes and promotions of both deputy sheriffs and civilian staff. making constant rounds to all of our properties, both within san francisco and in san mateo county.

being able to change policies so that i would have a more inclusive administration of lower ranks that had been previously included in budgetary decisions and policy-making decisions. preparing the sheriff's department for what was now becoming the first full year of state prisoners realignment, as propelled by assembly bill 109, and had begun a number of projects that would really elevate our ability of having in custody and post-custody rehabilitation programs, building on the success of the mike hennessey administration in ways that had never been experienced before in san francisco. for example, i had two very incisive and in-depth meetings with mimi silver of delayed see

street. we had prepared for the beginnings of starting the first ever reentry potter in the san francisco county jail, where there would be a lateral or reentry program so that we would speak effectively against the highest incidence of residences -- recidivism that usually occurs in the six months after being released from jail, so our relationship would be piloted in showing what a pod will look like for people would be supervised by delancy st. administration. i was very much looking forward to that pilot project taking off. the second would be with sage, an organization which i did authorize where there would be monies allocated to sage and starting a caseworker program on a part-time, so that women who are then exiting the county jail system would then be welcomed

by a sage case worker so that they would not necessarily go back into the sex worker prostitute industry, and therefore they were being exploited or harmed in any particular way that the sheriff's department within involve itself in assisting them so that it would not return to that lifestyle. the third was i was in longstanding conversations with adult probation chief and the city and state about involving a dedicated reentry pod. we were negotiating the reentry pod and what population of offender it would be four and a negotiating whether it would be women only or men. and that is where i had left the discussion. we were preparing the beginnings of the budget, which the previous-year budget before i took office was approximately

$171 million, but this is the first year where the city is beginning to see some light at the end of the tunnel of previous five-year budget deficits, where i was going to advocate vociferously for better realignment programs that would be more effective in reentry. i also sent several letters, both to the police chief and to the mayor and to the city comptroller, about the deputy sheriffs elevating their role in the larger construct of public safety. i believe that we could have saved the city and county money by seeing the division transfer of what is known as the station transfer unit that is now under the governance of the police department to the sheriff's department, because the deputy sheriffs are paid approximately 23% less than the sfpuc officers, and it is a routine action -- sfpd officers, and it

is a routine action, and they know they can be alleviated from that by freeing up a police officers so that the sheriff's department would pick that up as well. i also -- >> sorry to interrupt the witness, but i think we have quite a narrative here, and i would rather proceed with question and answer. >> please. again, i am directing the sheriff so they can -- and that they can tell who is making noises, we have to remove you from the proceedings. thank you. i agree that it is better by question and answer, so the objection is late though, so i will overrule it. but for our benefit, it would be helpful if we can proceed a little more by question and answer on this. >> thank you, commissioner. >> as i prefaced, i will do my best to synthesize, but it is a long -- i believe i was saying about presenting the idea to the

mayor, police department, and to the controller in ways of saving money, but also talking about the role of the deputy sheriffs and their credentials of being peace officers and the city's limits of having a deficit of sfpd officers. there was an opportunity to augment where staff was short period that can be from the routine duties of monitoring inmates at san francisco general, for example, or the courts, where the police would be alleviated from having to do that. because overtime is something the city is quite challenged by. and the math would be well-saved by the sheriff's department. and i went as far as to talk about what is unpopular, ways that we can help with community policing, where i think it is

poorly practiced in san francisco, something that, as a supervisor, i spoke about quite vociferously that i think that our department could have held assisted with, and so on. there's quite a bit more that occurred in his first two and a half months. >> thank you. you mentioned that you sent letters to the police chief and others. you mentioned that you had conversations with the probation in chief. were you able to work effectively with those individuals? what's the objection, calls for speculation. >> overruled. >> yes, and i would say, in terms of the messages they sent me, that only supported and affirmed, i think, the fluid relationship that we had, even while i was engaged in the process th