mr. mirkarimi's lawyers is submitted several exhibits, and the second one shows that mr. mirkarimi is being treated and held to a different standard than other city officials, but its ties historically to mayor ed lee. the city attorney, for his part, he took no action on several occasions of official misconduct, that may include the 25 that you have dismissed without any public hearings whatsoever. there is no difference in this case with mr. mirkarimi, because it seems as if the mayor is played by his own rules, and you are facilitating him playing by -- [bell] [applause] >> my name is barbara. i was struck by an unknown source that took a survey showing 62% support mayor edwin lee. i question the integrity of the ongoing source and question the integrity of the survey. for example, who were members of the sampling, and who conducted the survey? we want to know the name and who took part in it -- part in the survey. for example, was it a small group, or was it spread out over a mixture of san franciscans? no one is perfect, and that includes mayor lee. how many of you ha

mr. mirkarimi. i think it would benefit the public if this were to be a speedy process, and i think the schedule that you have outlined would be good for that. i would say that it is up to the commission to decide how it is going to make a decision, whether it be majority vote, unanimous vote, or a consensus, and the majority of my comments will be directed towards official misconduct. it is said to be any wrongful behavior in relation to the duties of the office. as a top law enforcement official, knowing right from wrong, to know and enforce the law, and also to exercise discretion in areas where the law may be unclear, an unfortunate example of that maybe at uc-davis, where some protestors were sprayed with pepper spray. i would say that anyone who knowingly and willfully violate a federal, state, county, or city statute does not have level of impeccable moral character that is necessary to exercise that kind of judgment as a top law-enforcement official. so i recognize that mr. mirkarimi has man

mr. ross mirkarimi. i have sat here and listened to everything that everyone had to say on behalf of him, and we as the people when we elective him, we knew exactly the type of person that we were putting in office, which is mr. mirkarimi. my children or all born in the western addition. i have eight children. in all of the years of living in the western addition, i've never seen a mayor or a supervisor or elected official get out on the streets and do what he has done. i think he is the best thing that could have happened to the western addition. i feel that he has gone through enough pain and suffering. he should be allowed to return back to work with pay. to suspend him is one thing, but to suspend him about the date is a total different thing. he has a family. he has a child to support, and one thing i am asking the commission to please do is to have his wife returned and the year to be able to give her testimony, because she is the only person that can actually tell you guys what you want to know wh

mr. mirkarimi? >> i think given the burden of preparing a declaration, i feel is more appropriate to place them on someone who was working so we would use the key heresy -- hennessey. >> if we could keep the silence. it is a long night. the views on vicki hennessey. is there an objection? do we need your testimony? >> did you say it would or would not overlap with michael hennessey's testimony? >> my concern is could we get a declaration from a retired sheriff. >> is your objective to choose one or the other? i am not sure what question is on the table. >> my question is whether we need the acting sheriff vicki hennessy. it sounds like michael hennessey was listed as an expert witness by the sheriff and we can address that later. if he is testifying, do we need what sounds like overlapping testimony from vicki hennessy. whether or not you can get a declaration. >> we did not list the retired sheriff as a witness who will testify to every responsibility. we witnessed him -- listed him as transitionin

mr. ross mirkarimi for a long, long time. i have heard nothing about ethics in all of the deliberations and all of the questioning. the attorneys here, as is -- as if this is a perry mason-type operation. i cast my vote. so did many constituents, and what i am here to state categorically is that san franciscans want the highest standards. from one side, i have heard comments that are despicable, as if someone is the gestapo. san francisco? you, ethics commission, have had many reports written about you, as have been stated today by those who monitor you. we monitor the deliberations very, very carefully. i know something about it and having worked for

mr. mirkarimi i think we can skip. ms. [unintelligible] >> would only call her potentially as a rebuttal witness to miss florez or ms. lemon. >> i see your point with florez. lemon is an expert. why does nyevez rebut lemon? >> my understanding is that ms. lemon would testify that there must have been some other conduct at issue, or some other instances that would qualify as official misconduct regarding how the sheriff has interacted or interact with other people in his life. she lived with the sheriff for many years and could provide evidence to the contrary. >> ms. lemmon is not going to be providing testimony about other acts of misconduct. she is going to be providing testimony about the nature of domestic violence, and specifically the facts elicited in this case, and how they do or do not relate to what is known about the most violent. we do think ms. neves should not be a rebuttal to the expert. we would have no objection to her putting in a declaration. that should be part of what ms. lemon of pines about. why woul

mr. mirkarimi's testimony, is there other discovery, other reasons that could affect the timing we have discussed that would elongate the procedure in your mind? >> if share of mirkarimi were to provide us with the documents and we requested -- >> aside from cooperation, what else do you feel you need in order to have this herd and a timely basis from a >> we need to get a videotape from bohol of justice. -- from the hall of justice. >> the sheriff has no involvement in that. >> we serve them with a motion. >> everybody will have a chance to give public comment, but for now, we would really like to hear from the attorneys. good >> the other item that is pending is a motion for an order to compel him to testify. that is set for hearing on may 1. we have outstanding subpoena of its four telephone records set for may 4 year ago -- set for may 4. hopefully the testimony will be soon after. >> any other questions? >> what are the documents you are seeking to get from the sheriff's? >> the documents he obtained from the police department and the district attorney, which would include the same telephone

mr. mirkarimi has suffered for at arms grabbing. that has nothing to do with official misconduct.e only one ethical choice, vote to reinstate the share sheriff. do your job mel, please. thank you. [applause] >> good evening. i want to thank you for giving me the opportunity to speak tonight. i am here because i believe the ethics commission has a duty to the voters of this city to uphold the will of the people who democratically elected ross mirkarimi to the office of sheriff. the country is watching what you do. undoing an election is an extremely serious matter. the suspension of our sheriff did not happen because he engaged in official misconduct. he was suspended due to political pressure. the same pressure that has victimized his wife. it has had a dramatic impact on his young son. i ask the commission to recommend that the charge be dropped and give us back our share of. -- sheriff. i also want to submit a resolution that was passed in support of ross mercury. -- ross mirkarimi. we oppose the removal of ross mirkarimi. we request the mayor reinstate mirkarimi in the interest

mr. mirkarimi did not run for a job that was devoid of these extra responsibilities. he is both elected and a chief law-enforcement officer and a chief jailer and a department head who will have to deal with many other department heads. not every elected public official has that constellation of duties. we do have experts coming prepared to explain what it is that is inherent in a sheriff's job that sets forth the standards of conduct for that particular position. chairperson hur: thank you. questions from the commissioners? >> i am going to try my question again. what is the offer of proof you are making about what stands in the wake of his ability to carry out the duties of the office going forward? is it time and? or is it something else? i am trying to focus this on what you are saying, what is the limitation that to -- under which you believe he would suffer that would impinge on carrying out the duties of office? it relates to several different witnesses entering number of expert witnesses. >> i am not prepared to give you a complete list today. for example, the

mr. mirkarimi committed crimes to which he has not applied. we are tasked with making factual findings about whether certain actions were committed and whether those actions constitute official misconduct. i agree with you that if we were trying to determine whether he committed crimes that the reasonable doubt standard with the -- would apply. in light of our task, i find no legal basis to use a higher standard than preponderant. any of their views from the commissioners? >> i am in agreement. we're not called upon to determine whether certain crimes were committed. we're called upon to determine that facts of what happened and determine whether or not it constitutes misconduct and in the civil proceeding, the preponderant of the evidence standard is most appropriate given that is the standard we normally use. at the commission. vice-chairperson studley: i agree with that. we're not making findings, we are making recommendations to the supervisors. that is an appropriate standard. moreover, we have the option when we get to the point of devel

mr. mirkarimi go to abc7news.com and look under "i-team." coming up next why the state of california is refusing to hand over its supply of the drug used in lethal injections. and bridging generations. the family of local iron workers with the legendary tie to the golden gate bridge. >> closed captioning brought to you by mancini sleepworld. >> new this morning state prison officials are refusing a federal court order to return a drug imported for use in executions. the drug, sodium thoepental, had to be returned when they stopped making it. they received a new supply from the plaintiff before a british government before the british government banned its export, but the judge ordered the import return because it was never inspected by the fda. today san francisco chronicle reports state corrections officials are going to hang on to that drug while the food and drug administration challenges that judge's ruling. there aren't many people in the bay area who can look at the golden gate bridge and said their grandfather worked on it, and far few

mr. agnos? would you like to -- >> my understanding is that he told me early -- mayor lee not to suspend sheriff mirkarimi, and the

mr. agnos? would you like to -- >> my understanding is that he told me early -- mayor lee not to suspend sheriff mirkarimi, and the mayor decided otherwise. i do not see how that is relevant. one of the arguments that has been raised is that this is essentially epochal prosecution. one of the reasons we have identified some any expert witnesses to talk about practice issues and professional standards issues is to defeat that kind of claim, to show that on the merits the conduct can meet that standard. what i am gathering from the relevance is that that is a line the sheriff is going to pursue. we do not think that has ever been an appropriate set of arguments. the mayor is not on trial for his decision to suspend the sheriff. >> comments or questions from either party? >> mr. wagner, is that correct, how mr. keith characterized what the former mayor would testify to? >> i believe i have already stated the testimony would impeach the credibility, vis-a- vis the conversations he had with nearly -- with mayor lee. >> what would he say? what is this other reason? >> excuse me. mayor agnos told mayor lee to ta

mr. sinclair's testify in any fashion. he made public statements that were very harshly critical of sheriff mirkarimi cyrus to -- as to the underlying issues. on that basis, we will expect that he not be included as an expert or otherwise. >> do you agree that your have to be offering affirmative expert testimony on the subjects listed? >> we are concerned about his own self description as fully rehabilitated, accepting accountability, coming to you from the perspective of restorative justice, having already traversed that process. we do not agree with those statements. we have heard them again in the media. we do enough will confront than they -- confront them. i am not comfortable saying the issue will not come up. it may not come up with an affirmative expert on their side. we might need extra test run to rebut some of the testimony based on what he says his media. >> may i make one point. normally experts come to cases with backgrounds. bijan a promise to be neutral observers. some people knew i am in no -- it is not usually, in civil practice, the normal practice is to determineif th if they have additional. that is

mr. merton testified to getting a message from buzz lopez to dissuade him -- ms. lopez to dissuade him from testifying and he heard sheriff mirkarimi in the background. that the sheriff was aware of these dissuasion efforts and participated in them. chairperson hur: in -- is there any more in respect to ms. williams' testimony? thank you. we will invite mr. wagner or mr. kopp to address this issue and deal with a declaration issued. >> we would concur with what chairperson hur state. th- -- stated. that -- i don't thnk that -- think that live testimony would serve any other purpose. i want to respond to something that mr. keith just said. this red herring of witness dissuasion has consumed an incredible amount of time and effort and energy and it does not -- should have no place here. what mr. keith just told you is not true. mr. mertons was interviewed by the police and was asked, did it sound like the sheriff was feeding his wife lines to tell you, to try to dissuade you? the response was no. it sounded like he was on another phone call together. this has been a complete waste of time and an effort to publicly tar the sheriff wit

mr. mazzucco. we have tiger mendoza, who sits on the school board. and we have the consul general of the philippines and the consul general of vietnam. we also have share of -- sheriff mirkarimi here, and treasurer cisneros. it is an honor on behalf of the city and county to celebrate such a cultural event as the lunar new year. this concludes tonight's ceremonies. please enjoy the reception that follows in the north light court. thank you to moon star for providing delicious food. thank you to the youth at cyc for the amazing dragon dance. speaking [a foreign-language] thank you all. good night. >> i am a vice chancellor at city college. on behalf of our chancellor, i want to welcome all of you here. friday eauals successful college opportunity. city college wants to you. we want you to come here. we know he will succeed here. we will do everything we can to support you. we believe in you. you are going to hear from some leaders today that are going to be examples of what lies ahead of you, and the faith we have in you. i would like to introduce a dean from city college who has been the person in charge of putting this whole event together. i want you to listen to this story

mr. mazzucco. we have tiger mendoza, who sits on the school board. and we have the consul general of the philippines and the consul general of vietnam. we also have share of -- sheriff mirkarimi here, and treasurer cisneros. it is an honor on behalf of the city and county to celebrate such a cultural event as the lunar new year. this concludes tonight's ceremonies. please enjoy the reception that follows in the north light court. thank you to moon star for providing delicious food. thank you to the youth at cyc for the amazing dragon dance. speaking [a foreign-language] thank you all. good night. there is a few of uic from the mayor's office. but get that right there. --we want to thank the advanced english academy. thank you, thank you so much. [applause] they helped with the set up and take down. we were doing it all day yesterday. we want to thank them. they're not here but we will give them around of applause. we have people who provided coffee for the volunteers. and the ambassadors have done so much to transport participants from the bayview to hear and they helped do a lot of outrage for us. thank you to the community ambassadors. you are still outside, i think. we als

mr. mazzucco. we have tiger mendoza, who sits on the school board. and we have the consul general of the philippines and the consul general of vietnam. we also have share of -- sheriff mirkarimi here, and treasurer cisneros. it is an honor on behalf of the city and county to celebrate such a cultural event as the lunar new year. this concludes tonight's ceremonies. please enjoy the reception that follows in the north light court. thank you to moon star for providing delicious food. thank you to the youth at cyc for the amazing dragon dance. speaking [a foreign-language] thank you all. good night.