Jeff Adachi on Gascon and Mirkarimi

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Jeff Adachi, the public defender, who has been trying criminal cases for a quarter century, had some interesting comments on District Attorney George Gascon's latest move:

Ross has already pled guilty and so he's already accepted the plea bargain.  In order to enter a plea, you have to waive your constitutional rights and the judge has to be satisfied you are voluntarily and intelligently entering a plea of guilty. In the 25 years I've been practicing law, I've never seen a DA ask a person who already pled guilty to a plea bargain, "Are you really, really sure you are guilty?" so it would be highly unusual for a prosecutor to do so, and even more unusual for the elected DA to do so in a misdemeanor case.

Which is pretty much my point: This is very odd behavior for the DA. I don't get it.

Comments

How often does the defendent plead guilty then go around acting like he's the victim?I think the DA and like alot of SF residence are offended by his responce to the initial charges and now to his guilty plea.

There was even an item in the SF Guardian explaining why he plead guilty even though he may not be, and reporting that people close to him saying he pleaded guilty just because he was running out of money. As opposed to the fact that he is guilty.

Posted by Chris Pratt on Mar. 16, 2012 @ 10:36 am

You wrote in your editorial this week that "Mirkarimi maintains his innocence, and says he has no intention of stepping down." If RM is pleading to a court that he's guilty, while calling you up and saying he's actually innnocent, that probably pisses Gascon off. What don't you get?

Posted by The Commish on Mar. 16, 2012 @ 10:58 am

while going around telling the world that their admission was actually a lie because they are innocent. Oh, and that their apology was really fake and insincere. and that it's a ll a political conpsiracy.

Even when convicted, Ross's lies and coverup continues.

Posted by Guest on Mar. 16, 2012 @ 11:21 am

Adachi and Gonzalez and Dunbar crawled from the progressive excrement and shat on their old friends but why are they still covering for the great Pharoah? Buy h. brownose another fifth of cheap whisky and he'll have your backs.

Posted by Dunzibar on Mar. 16, 2012 @ 11:34 am

There is an interesting piece of video in which Ms. Flores gushes and giggles as she interviews Mr. Adachi for cable television.
"Ohhhh.Mr..public defender! that sounds like you are a Superhero"..giggle giggle, gush gush. It's embarrassing, but not to Mr. Adachi.

There is an interesting article, now online from San Francisco Magazine. It has a picture of Ms. Flores in her Starwars gown, testifying at the Supes.

She is accompanied by Darth Vader who has his hands on her neck..I"m not making this up.

Posted by GuestChristine Craft on Mar. 16, 2012 @ 12:27 pm

I don't understand the point of your post.

Posted by The Commish on Mar. 16, 2012 @ 1:58 pm

The article was an interesting read, penned by Lauren Smiley. It seems we've read variations of this sentence before by a number of people who post here:

"The truth was, Mirkarimi had been bullying people behind the scenes for years before he quarreled with his wife this past New Year’s Eve. The difference this time was that he left a bruise. . ."

The article has a few take away lessons too:

"IF YOU WERE TO DESIGN MIRKARIMI'S POLITICAL tombstone, it might [read]: “Domestic Violence is NEVER a private matter.”

The article has a few photos. Ross dates very attractive women. Princess Leila looks especially fun.

http://www.modernluxury.com/san-francisco/story/good-ross-bad-ross

Posted by Guest on Mar. 16, 2012 @ 2:32 pm

...are public figures?

How many are darlings of an apologist media?

Quite a few of Adachi's clients are of course delusional, paranoids, none of them are public figures and none of them have such an army of fawning apologists to rationalize and make excuses.

Where the average convict has a few friends and family members to feed self delusion, Ross has an army of progressive ass kissers.

Posted by matlock on Mar. 16, 2012 @ 12:49 pm

If you truly believe as I do that this trial is overwhelmingly political then you should have no trouble at all getting it, TIm.

Posted by Guest on Mar. 16, 2012 @ 2:19 pm

Here we have the Sheriff making no bones about the fact that he pleaded guilty only to get the DA off his back. And his job is to imprison other people that get prosecuted by the DA. And he doesn't have the integrity and self respect to resign.

And I feel sorry for Tim Redmond already. From day one he has seen this as a vast conspiracy against one of his heroes. I remember how it started with the police leaking evidence. Then a vindictive Chronicle. A biased judge. A 'fatal attraction' ex girlfriend. An overzealous prosecutor. And all the while his hero was desperately trying to suppress evidence and being as uncooperative as possible.

I don't think that the other Trolls should make fun of Redmond on this. Have some compassion already for someone who can't even spot reality in the rear view mirror at this point.

Posted by Troll on Mar. 16, 2012 @ 2:27 pm

Who, I believe, is not a bad guy.

But it's still sad to see him twist himself into more and more complicated rhetorical knots in order to keep defending Mirkarimi. He did the same thing with Chris Daly.

One thing you can say about the moderates on the board - they rarely fuck over their "allies" (like Mirkarimi and Daly have done with the "progressive" movement) or force them to take politically untenable positions over their vulgar personal problems. When was the last time Sean Elsbernd or Carmen Chu was involved in a scandal over beating their partner or moving out of their district?

For some reason politicians on either end of the political spectrum seem to consider themselves and their needs and desires above those of their constituents and allies.

Posted by Guest on Mar. 16, 2012 @ 6:56 pm

Newsom did get caught sleeping with his friend's wife. But he stood up in front of the cameras and admitted what he had done. So, you're right, his friends didn't have to take the heat for him.

Also, you left out Peskin's drunk dialing from the list of embarrassing Progressive personal issues.

Posted by Troll on Mar. 16, 2012 @ 8:54 pm

But as you noted - Newsom admitted what he did, took responsibility, went to treatment and then was reelected. Mirkarimi stonewalled, denied, authorized a sleazy campaign to paint Ivory Madison as a crazed, wannabe lawyer and his ex-girlfriend as a crazed, obsessed slut and then finally plead guilty to a criminal offense - while strangely still insisting he was innocent.

One thing you can say for sure about Mirkarimi - his saga will not end in reelection.

Posted by Guest on Mar. 16, 2012 @ 9:59 pm

he's a smart guy and actually qualified to do his job, and gets things done. no wonder the progressives tore him a new one and put their support behind that bumblefuck Avalos. success = evil in progressiveland!

Posted by Adachi for Mayor on Mar. 16, 2012 @ 6:02 pm

Don't you people get it? Gascon is also out to close all the Medical Cannabis Dispensaries. he is out to get anything progressive we have done in San Francisco. He was a Republican until Newsom wanted to appoint him. He has no San Francisco values. he is an outlander and should return to Arizona from whence he came by way of LA!!!!!
http://www.counterpunch.org/2012/03/16/the-la-ization-of-the-san-francis...

Posted by Terrrie Frye on Mar. 16, 2012 @ 6:05 pm

The entire leadership of the "progressive" movement is "outlander."

San Francisco values, = "I want it because I want it"

Posted by matlock on Mar. 16, 2012 @ 9:48 pm

Don't you people get it? Gascon is also out to close all the Medical Cannabis Dispensaries. he is out to get anything progressive we have done in San Francisco. He was a Republican until Newsom wanted to appoint him. He has no San Francisco values. he is an outlander and should return to Arizona from whence he came by way of LA!!!!!
http://www.counterpunch.org/2012/03/16/the-la-ization-of-the-san-francis...

Posted by Terrrie Frye on Mar. 16, 2012 @ 6:06 pm

Better to not use that around here.

Posted by Guest on Mar. 17, 2012 @ 7:47 am

Sorry to keep harping on the same thing over and over, But I still don't get it. I'm not a Progressive, and I don't feel sorry for Mirkarimi. Nor do I think there is a conspiracy against him. But Doesn't the DA have discretion over which plea deals his office chooses to accept or deny? The Prosecution won all of the major evidentiary rulings. So their case was pretty strong and, had it gone before a jury, it would have most likely ended in a conviction. So why did Gascon accept the plea deal?

Posted by RamRod on Mar. 17, 2012 @ 1:13 am

Gascon caved because he was starting to feel the heat, from the NY Times for instance, about his own conflicts of interest in the case. He has no morality. All he is for is GG, GG, GG.

Posted by barry eisenberg on Mar. 21, 2012 @ 7:39 pm

"He has no San Francisco values."

Meaning he is not one of the yous.

Posted by Troll the 14th on Mar. 17, 2012 @ 10:25 am

Im a progressive who worked to help get ross elected twice and have done work with him on a number of issues. With that said, its time for dude to step down. Grabbing your girlfriends arm doesn't seem like the most beastial thing to do (my opinion pls don't try to turn this into a prog v mod thing) but what is more concerning is that he used physical force with threat of doing things to her based on his position of power. Knowing ross (not well but better than most) it does not seem like a stretch that he did that. He was a dick to his staff. He has a big ego And can't have a conversation that lasts more than 30 seconds without making it about him.

As a very longtime guardian reader it's a bummer to see them continue to rely on the lazy "my oppinion or the way I wish that things will be printed instead of useful information" while I usually agree with you guys I fel like I leave reading articles knowing little more than your predictable oppinion instead of taking home a cohesive argument.

It's totally fucking obvious that ross bruised his girl and while it's unfortunate for his family and the movement that this has blown up, it's time for dude to go.

Posted by C'mon dude on Mar. 17, 2012 @ 10:26 am

Things happen between spouses, as the saying goes "familiarity breeds contempt," I personally think the whole media thing was a bit much, and I hate the guy.

When things started going bad he started to lawyer up and blame everyone but himself.

Watching him on cable access I have always considered him a condescending blowhard, your description sound like a blowhard on amphetamines.

Posted by Matlock on Mar. 17, 2012 @ 5:54 pm

Jeff:
Please just shut up.

Posted by Guest on Mar. 17, 2012 @ 11:02 am

It's interestin the BG now regards Jeff as a sage while when he was trying to get some effective pension reform going he was the village idiot. The BG hypocrisy is palpable.

Posted by Guest on Mar. 17, 2012 @ 1:21 pm

I am a D5 resident, without money or power, but when Ross was my Supervisor, I had an advocate. He fought hard for the disenfranchised he represented. He does not even live in the upscale part of the district. He lives in the midst of a community that has been marginalized and disrespected.
There are falsehoods being promulgated as facts, hearsay tends to foster this, which is why ethical and accountable courts don't entertain them! Even Judge Judy regularly dismisses hearsay. Yet, many posting here are disseminating the falsehoods as facts.
He took a plea. Under the circumstances, it was the pragmatic thing to do.
I suggest you all Google the Innocence Project- because hold onto your hats- INNOCENT PEOPLE ARE CONVICTED OF CRIMES THAT THEY HAD NOTHING TO DO WITH. Need smelling salts? Ross did not need to take the chance of being convicted of a crime he did not commit. I do not believe a "crime" occurred that day, but he took responsibility for his actions, deemed a crime in the world according to Gascon, will "pay his debt" to society, reunite with the wife who clearly loves him, and is there by her own free will and choice, and why he can even set the example for couples every where.
The bottom line: Sheriff Mirkarimi believes that a City that is 4% Black, with a 50% Black prison population, has some work to do, and the white, racist establishment, which Gascon identifies with, does not like that! I am tired of being Gascon's ATM for what whim he fancies! In this time of limited resources, his expenditures are grotesque. Go solve the murders of the Black and Latino youth by putting some effort into that instead!
I have nothing but productive, and respectful experiences with Ross! And there is a vast majority of the people who feel as I do!‹

Posted by Tami on Mar. 17, 2012 @ 3:53 pm

So where he lives in D5 or what he did when he was D5 Supervisor no longer matters.

He plead guilty to a crime. Except he has not "accepted responsibility for his actions." The matter would be closed except Ross won't allow it to be closed - he keeps yapping and yapping, which is keeping this alive in the public consciousness.

There may be a majority of people in D5 who feel Ross is an innocent man hounded by a vast political conspiracy, but I can guarantee you there is a vast majority in the city as a whole which feels Ross is an arrogant douchebag who should shut his mouth or resign.

Posted by Guest on Mar. 17, 2012 @ 5:23 pm

from SF examiner friday.

"Mirkarimi did not respond to the comments, but his attorney, Lidia Stiglich, said the notion that he is maintaining his innocence is a “drumbeat that needs to stop.”

“He pleaded guilty because he is guilty, and is accepting responsibility for what has occurred,” Stiglich said. “What more do you want the guy to do?”"

Posted by matlock on Mar. 17, 2012 @ 5:29 pm

I knew this was all White People's fault! Evil honky Gascon is oppressing another proud man of color (just like he did with Edwin Ramos). Where's Tiny, the super-revolutionary Garveyite stripper, when we need her?

Huh? Gascon is a Cuban? Oh... never mind.

Posted by RamRod on Mar. 20, 2012 @ 4:58 am

Jeff Adachi is right. Incidentally, I was not among the commenters who brought up a political conspiracy to "get Ross". I didn't feel that I had enough info about that to judge. But when Gascon released the photos of Eliana's bruised arm in court documents that he knew would be leaked to the press, I really started to wonder. And his latest move in questioning a plea bargain that's already in the works is enough to convince me that Gascon is out for blood. If this case wasn't politicized before, it certainly is now.

As Christine Craft said, what we need now is healing, not hatred. Peter Gabel has written a profound piece at AIOTB in which he theorizes (I'm paraphrasing) that the form of "justice" practiced by our criminal justice system is based on a sense that we must live in fear and separation from each other, and be ever on our guard. But there is an alternative form of justice with an "emphasis on the importance of taking responsibility, performing restitution to those harmed, and aspiring to apology and forgiveness as means of reintegrating broken relationships and sometimes knitting together and repairing whole communities". This is the kind of compassion that is wholly lacking in the current system. Gabel's piece is well worth reading in its entirety.

http://asitoughttobe.com/2012/03/14/peter-gabel-2/

Posted by Lisa on Mar. 17, 2012 @ 4:01 pm

And all these laws are the product of your fellow air headed leftist being adverse to the world around them and claiming victim status at every turn, when these laws are used against your own kind it is all so unfair.

Sorry excuses for Ross.

Posted by Lisa on Mar. 17, 2012 @ 5:45 pm

Can you please learn to write a coherent sentence "Lisa"? (that is, the troll who commented at 5:45 pm on the 17th, not the other Lisa.)

Posted by Chris on Mar. 18, 2012 @ 5:06 pm

Apparently there are more of Ross's ex's lined up with dirt.

Should be another interesting week . .

Posted by Greg on Mar. 19, 2012 @ 6:33 am

You're just another troll playing your juvenile little games. Why don't you grow up and get a real job instead of fucking with people? Really. What a way to waste your life.

Posted by Guest on Mar. 19, 2012 @ 1:42 pm
Posted by The Donald on Mar. 19, 2012 @ 3:21 pm

injuries that Ross inflicted.

While Gascon's latest comments were prompted only by Ross's apparent contempt for the court, as evidenced by his dismissal of his admission as "forced" and his categorisation of his apology as involuntary even though the plea clearly states that the apology must be fully voluntary.

If Ross had simply pled to this, apologised sincerely and otherwise kept his mouth shut, this would already be resolved. But Ross still believes that this is a giant conspiracy against him rather than the much simpler truth - that Ross is an abuser who got caught - the CJ system is working normally.

Posted by Guest on Mar. 17, 2012 @ 4:31 pm

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