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.

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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.

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“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.

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