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Attorney-Client Privilege Adds New Twist In SF Sheriff Mirkarimi Case

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Ross Mirkarimi and Eliana Lopez

Ross Mirkarimi and Eliana Lopez speak to reporters in January. (CBS)

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SAN FRANCISCO (KCBS)— San Francisco Sheriff Ross Mirkarimi will be back in criminal court this week to face charges including domestic violence. But a new twist in the case has been brought forward regarding testimony by a key witness in the case.

When Mirkarimi’s wife, Eliana Lopez, allegedly went to a neighbor with a complaint about an argument involving her husband, the neighbor, Ivory Madison, happened to be trained in the law.

Madison videotaped a bruise on Lopez’ arm, which according to Lopez’ attorney Paula Canny, enacted an attorney-client relationship.

KCBS’ Bob Melrose Reports:

Canny said any evidence in Madison’s possession is protected by attorney-client privilege.

“Trials are like a chess game and their burden of proof is to prove their case. I don’t think no matter how they try to put a case together, they’re ever going to meet that burden because Ross isn’t guilty of the things that he’s charged of that she’s accused him of,” Canny stated.

Pre-trial motions are scheduled before the case actually goes to trial on Friday.

A spokesman for the District Attorney’s office said they’ll do their arguing in court.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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