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Carly Schwartz

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Ross Mirkarimi Is Having A Very Bad Year

Posted: 01/30/2012 6:49 pm

It's safe to say 2012 has not been kind to Ross Mirkarimi.

In the past four weeks, San Francisco's newly-elected sheriff has gone from a celebrated local politician with an army of loyal constituents to a national disgrace. He's been publicly shamed, ripped to shreds by pundits and barred -- twice -- from seeing his wife and young child. And the man takes a perplexingly terrible mug shot.

As a longtime resident of the Haight, I've been a fan of Mirkarimi, my progressive former District 5 Supervisor, for ages. The gregarious politico champions causes like marijuana legalization and equal rights for homeless people; issues near and dear to my heart. I met him one Sunday morning as he shook hands with residents along the panhandle, and I felt more than a little starstruck by my supe's booming presence. Sure, he wasn't the best listener I'd ever encountered (I had to repeat my job title at least three times even after we'd discussed a recent HuffPost profile of his sheriff's campaign), but his enthusiasm, charisma and Crest White Strips grin made up for it. I mean, the man never once averted his bespectacled eyes from my admiring gaze. The sign of a true politician.

And now, sadly, I count myself among the ranks of San Franciscans who believe the time has come for our sheriff to step aside. At least until this whole mess resolves itself.

A brief recap, for those of you who haven't been hanging onto every juicy detail as it unfolds:

Earlier this year, the sheriff's lovely wife, former Venezuelan telenovela star Eliana Lopez (of "Amor a Palos" fame), visited neighbor and family friend Ivory Madison, who helped coordinate campaign events for Mirkarimi last fall. During their conversation, Lopez confided in Madison that her husband forcefully grabbed her arm during a violent argument, creating a big bruise ("Daddy made a boo-boo on Mommy's arm," their two-year-old son, Theo, allegedly said at the time). Though Lopez swore her friend to secrecy, Madison videotaped the entire encounter to use as evidence should a custody battle ever ensue between the couple.

Then Madison made one phone call to the local police department, the media latched onto the story, and Mirkarimi's reputation went down the self-composting toilet.

First came a police investigation. Next an awkward swearing-in ceremony during which the officiator, Judge Katherine Feinstein (yes, that Feinstein), refused to parktake. Then the District Attorney's office formally charged the sheriff with three misdemeanor counts, including domestic violence, child endangerment and dissuading a witness. Then another former lover came forward alleging abuse, with rumors of a third on the way. Then Mirkarimi's lawyer went on record calling the sheriff a "tyrant" and the pair parted ways. Finally, during his arraignment, the court barred him from making contact with his wife and his son until the trial resolved, despite tearful pleas from Lopez herself to reverse the order.

Local and national commentators weren't shy with their opinions, and the chorus of cries for Mirkarimi's resignation grew louder and louder until it completely drowned out his steadfast claims of innocence.

Meanwhile, a series of bizarre tidbits have emerged along the way, making the plot thicker than an episode of "Amor a Palos." Before Mirkarimi was formally charged, a group of anti-domestic violence activists staged a rally outside City Hall calling for his immediate resignation. Spotted among the crowd, otherwise incognito behind a pair of huge sunglasses? Lopez herself, who has publicly maintained her husband's innocence throughout the entire debacle despite a mounting wealth of evidence, including pages of personal emails and text messages with confidantes, that suggests the contrary.

The second alleged victim to come forward, Christina Flores, also raised a few eyebrows when SF Weekly revealed she used to be married to the SFPD domestic violence response team inspector. According to Flores, Mirkarimi bruised her arm during an argument as well. The sheriff ultimately ended their relationship after Lopez, whom he was involved with at the same time, became pregnant with their son.

Sobbing through an interview with Venezuelan radio station Noticias 24, Lopez claimed her husband was a victim of "very dirty politics." Indeed, the sheriff's long record as a progressive often placed him at odds with California's most powerful legislators. And Mirkarimi and San Francisco's more conservative DA George Gascon, who's leading the charges, have a history of political animosity. His takedown has played out in an almost pitch-perfect symphony of events, should his rivals actually be out to get him.

So what to make of all this?

At worst, our newly-elected sheriff subjected his wife to ongoing physical and psychological abuse, including particularly disturbing revelations that suggest he controlled her access to food and kept her in isolation. At best, my former favorite supervisor has a tendency to be hot-tempered with his subordinates.

I rarely agree with resident Chronicle curmudgeon C.W. Nevius, but I must join him in saying the best thing for both Mirkarimi and his family would be for the sheriff to take a leave of absence until the storm passes. At the very least, San Francisco will have less of a reason to hate him if he's ultimately proven innocent.

The whole thing ultimately just makes me want to take a long shower. I feel dirty being privy to the intimate details of Mirkarimi's dark personal life. Shouldn't the man be entitled to at least a little bit of privacy when slapped with such loaded charges, despite his stubborn refusal to step aside? A young child's well-being is at stake.

And yet as HuffPost SF's editor, it's my job to amplify the important parts of the tale to a much larger audience. So I'll continue to comb the Internet for every nugget between now and February 24, when his trial begins.

I'm having an existential crisis, Sheriff, and it's all your fault. (Or is it?)

Yes, these allegations are extremely troubling. No, a criminal certainly shouldn't serve as a city's top law enforcement official. Yes, politicians automatically expose themselves to public scrutiny the day they decide to run for office.

Maybe it's my District Five loyalty talking, but I have to admit I feel kinda bad for the guy.

 

Follow Carly Schwartz on Twitter: www.twitter.com/carlicita

It's safe to say 2012 has not been kind to Ross Mirkarimi. In the past four weeks, San Francisco's newly-elected sheriff has gone from a celebrated local politician with an army of loyal constituents...
It's safe to say 2012 has not been kind to Ross Mirkarimi. In the past four weeks, San Francisco's newly-elected sheriff has gone from a celebrated local politician with an army of loyal constituents...
 
 
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02:00 PM on 02/03/2012
@Carly Schwartz you say: "I rarely agree with resident Chronicle curmudgeon C.W. Nevius, but I must join him in saying the best thing for both Mirkarimi and his family would be for the sheriff to take a leave of absence until the storm passes."

A leave of absence, for those misdemeanor allegations, will certainly be interpreted by C.W. Nevius as a sign of guilt anyway, as the old saying goes: Damn if you do, and Damn if you don't. This journalist seems to have an agenda, which does not include the presumption of innocence.

When you mention that Eliana Lopez was spotted behind a group of activist at city hall, it's is a non issue, she happened to be there that day and out of curiosity walked to the back of the group, interestingly none of those activists seemed to be concerned at all, by her presence.

You say: "our newly-elected sheriff subjected his wife to ongoing physical and psychological abuse, including particularly disturbing revelations that suggest he controlled her access to food and kept her in isolation."

This is totally preposterous, a frivolous charge thrown out there in the hope it will stick.
01:57 PM on 02/03/2012
CONT...

You say: " So I'll continue to comb the Internet for every nugget between now and February 24, when his trial begins."

That's the spirit, but not only the internet, be an investigative journalist, there are so many unanswered questions about this case, here's a few:

Why did Ivory Madison wait 4 days to call the authorities? Did Ivory Madison suggest that a video should be made, did she write a script? did they rehearse any of it? Did Christine Marie and Ivory M know each other prior to January 1rst 2012? if so did they communicate with each other during those 4 days? etc .. etc ...

We are looking forward for the testimony of the prosecution expert who will argue that Women lie in DV cases, meaning that Eliana Lopez is "lying" when she says that the system is destroying her family, and that she does not fear her husband at all.

Smart and educated woman should be concerned by the thought that they would be considered to be lying when telling the truth, by a tribunal that was designed to protect them.

On the other hand, if someone game the system to gain an advantage, as per example in a divorce case, and frivolously file a DV complaint, will the court in those cases even consider that the alledge victim is lying?

Violence against Women is a serious issue, the system in it's present form does not work and needs to be reformed.
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harrymudd
06:47 AM on 02/03/2012
I read this article several times and more I read it more outraged I get. May

I suggest that writer prove her claim that "Lopez was spotted among those demanding Mirkarimi resign"? Do journalists get to make any accusation of claim without proof and be taken seriously.

Then she moves on to moch Mirkarimi for his "Crest white smile". I gess having a while smile is a sure proof of being a voilent abuser to some.

More importantly she sites the judge's refusal to let him see his son. But does not mention the report by department of Child Protective Services investigation. One that found no sign of abouse. Which also reported the boy is being harmed by not being with his father.

Who should I believe a judge who used to be a prosecutor; the DA or department of Child Protective Services. Who did an investigation and who did not. Personally I take the Child experts much more seriously given their specialization and that they did an actual investigation.

Who much does this reporter know. Did she interview Lopez; Mirkarimi or Child Protective people? Or is she just writing an article based on nothing.

Press freedom is a wonderful thing and I will always defend it. But it is a shame to see it used this way.
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harrymudd
06:07 AM on 02/03/2012
How did he control her eating? Arguing on the way to a restaurant is not controlling eating. She is able to very easily:
1) Go to the store and get something to eat.
2) Order delivery
3) Go to her "friend" and ask for something.
If all failed phone the police and complain.
09:04 PM on 02/01/2012
I am surprised that journalists take this farcical prosecution (I did not say situation) so uncritically. I know Ross a little and have been a donor, but I’m not privy to the details of his marriage. The press on this doesn’t make sense. You wrote “revelations that suggest he controlled her access to food and kept her in isolation.” Really?

Ross alleged said something “to the effect” that Lopez didn’t deserve to eat. En route to a restaurant, the couple argued about custody, and Ross drove home. Do they keep no food in the house? Does Lopez not drive or have money or a phone or a credit card? Is it possible that Ross said something entirely different that got lost in four steps of translation? Boorish behavior, maybe. “Controlling access to food?” No.

Monterrey text message, same issues. Lopez has no phone, car, money? Did the text instead read: “took us out to eat a lot?” or “took us to a lot of nice restaurants?” Same regarding isolation allegations. In their house? No phone? Any evidence this happened at all?

I don’t know the truth of it, but Eliana Lopez, a successful actress and intelligent and powerful woman, says there was no abuse. Reading between lines, the couple appears worried about an international custody fight should there be separation. That is a better explanation of the alleged facts and the couple’s actions than the DA's wild inventions.
07:53 PM on 02/01/2012
Wake up folks,

People who are abusive , have a way of making themselves the victim . The media , the government, my wife is making false accusations. I had a few beers. It's the football results for the day.( There are many more D.V. calls on sporting events, because men thinks o.k. to take it out on there spouses because there team lost, check the statistics.)

They are the perps.

Three women have come foward to say he IS abusive. Does he have to kill or dismember some one for us to believe these women.

Why is it we believe him, over the women who has been abused ? Is it because he was a city official?
Look at Dan White . Do we really need another good old boy.??????????

I am a born an raised San Franciscian, I say step down or be recalled.
02:12 PM on 02/03/2012
I believe Eliana Lopez, the "victim." She says he is not abusive and she is not a victim. She says this prosecution is politically motivated. She never called the police. No one claims that she ever said she was afraid of Ross or that he was an abuser. She has told the judge and prosecutors that the violence being done to her family is being done by the DA. She talked to her neighbor because she wanted to document the fight they had in case they wind up in a custody dispute should they not be able to save their marriage. The legal system, which should be used to protect spouses who are actually being abused, in this case is being used to settle political scores and destroy a progressive political rival to the S.F. establishment. All citizens who care about honesty and integrity in government should apply critical thinking to what the DA's office is spinning in this case and be outraged. Ross in particular, and progressive San Franciscans in general, should not give in and fight back against this political feeding frenzy. The San Francisco media should be embarrassed for swallowing and perpetuating the DA's inventions so uncritically.
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KadejaLatefah
That's right...I said it!
10:50 AM on 02/01/2012
maybe her friend saved her life
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harrymudd
06:04 AM on 02/03/2012
Maybe her friend ruined her life.
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KadejaLatefah
That's right...I said it!
07:36 AM on 02/03/2012
maybe she ruined her husband's life and saved her friends life. just proves words can hurt too.
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Aj Sol
Northern California Chardonnay Liberal
09:16 AM on 02/01/2012
Sorry, but this whole domestic violence thing is a monster we all helped create. We cannot be and should not be legislating peoples relationships. The way also in which the domestic violence laws are written, make it impossible for the accused to get a fair trial. Regardless of the hype, not every woman with a bruise got it from her husband or boyfriend. Sorry but people lie for all sorts of reasons. We actually force people accused of domestic violence to prove they at innocent instead of the other way around. A prosecutors dream come true.
Here in California domestic violence arrests and prosecutions take priority for prosecutors while they ignore more serious crimes. Funding is given to counties based on the amount of domestic violence arrests they can make. Incentivising police to arrest people is always a bad idea.
It might make people feel better when they hear domestic violence is a priority for law enforcement but the sad reality is that it's just another excuse for the government to be in your home, and wiping away people's careers and finances with the stroke of a pen without ever having to prove you did a thing.
04:56 PM on 02/01/2012
So, are you in favor of the two bills proposed in the NH legislature that would (1) require the police to obtain a warrant before arresting an accused beater, unless the officer actually saw the beating, and (2) make it more difficult for the police to arrest someone who violates a restraining order?
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harrymudd
06:04 AM on 02/03/2012
I am in favor of solid evidence. Not claims by a neighbor which are denied by both partners.
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JoanneRM
12:44 AM on 02/02/2012
When there is an allegation of violence, regardless of whom hit whom and how hard or with what, the best thing for both people is for them to be separated. If the people calm down when the police get there, and don't threaten one another, and there is no blood, probably nobody is going to jail if one can go stay some place else, and they have a plan to get this straightened out, i.e. separation, divorce, counseling.

But when there is evidence of physical violence and a history of other violence, the person who did the harm has to go to jail. Even if she(he) pushed your buttons and knew she was pushing your buttons, so did you. If you can't control yourself, leave. If your wife is hitting you, and it often happens, report it to the District Attorney. You aren't the first one.

The reason Domestic Violence takes priority is that it eventually leads to murder. It is that simple. In San Mateo County just South of here, victims are not permitted to drop the charges. The County refuses to be a party to murder, and the victims are dragged into court and forced to testify. It is better to make a man face up to his problem when he is being violent with his wife or girlfriend, and maybe save him from a charge of murder. Force him to get the help he needs.
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harrymudd
06:03 AM on 02/03/2012
Nonsense. Adults must be allowed to make their own decisions.

How about someone "alleges" you were violent against your partner. You both denied it. Should you be separated against your will? Is this the Soviet Union?

What is evidence? A video of a bruise which may be due to anything. Or allegation made in private not under oath then retracted under oath. That is no evidence at all.

I am all for protecting people but at some point government goes too far.

Adults should be allowed to choose who they want to be with.

It is none of your or my business.
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harrymudd
07:30 AM on 02/03/2012
You say "a man face up to his". I guess women never commit violence is this right?

Please enlighten me to why you said "man" and not a person.

By the way Lopez never filed charges so why is there a question of dropping them. A neighbor did and Lopez denied it. When Lopez spoke to Ivory she was not under oath. She may well have lied and it was perfectly legal. Now under oath Lopez must tell the truth and that may be just what she id doing. Now they have "victims dragged into court and forced to testify"; wow! It is pretty obvious to me who is doing the violence. It is the DA and the California legal system.
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Phalanxman
Everything in Moderation
11:05 PM on 01/31/2012
Domestic violence is a serious issue. Statistically, most murders are committed by people against other people they know, including family members. But California has gone way overboard on the issue. It is common for people who are committed to one another to occasionally have an argument that gets heated, and they don't always keep their hands to themselves. I'm not defending the guy who grabs his wife by the throat and hits her eight or nine times with his closed fist. And I'm not defending the gal who grabs a fire poker and clobbers her husband in the back of the head with it. Those are genuinely serious assaults. But in California, just leaving a tiny scratch can be prosecuted as a felony, with all of the negative consequences that go with it. The lightest discoloration will yield the same results. And there are enough zealots packing the halls of DA's offices all up and down the state to make it a crusade that tears apart families and ruins lives over very small events. It is not unusual for the so-called "victim" to wish the police had never been called. California also outlawed "diversion" programs for low level offenders. It's too bad it takes a high profile case like this one for people to notice how extreme these prosecutions have become.
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Ascare26
Swing Life Away
04:14 AM on 02/01/2012
I agree with a lot of your post. I think it is also unfortunate that people who are opposed to him because of his politics will use this as an excuse to get him out. I mean regardless of what they really thing, they will use it strongly.
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Phalanxman
Everything in Moderation
09:48 AM on 02/01/2012
Thanks. I agree. But that is politics in the U.S. Dirty. D.V. knows no "politics" though, and people have a right to be safe in their homes. But the law should not generally punish what is common human behavior, either. The has to be a middle ground.
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Paul Currier
Main Proponent
08:29 PM on 01/31/2012
This Mirkarimi situation is unpleasant and distasteful. The most important aspect of the whole mess is exactly why the situation is unpleasant and distasteful. The topic is Domestic Violence. I don't play the game on this topic, that there is no DV until a jury says so. Women die. Kids watch dramas that has no place in the mind's eye of any developing child. There is a whole spectrum of conduct that no one wants to talk about because as and adult, the topic is not fun. Maybe it's that one in every three relationships has a DV component. Maybe it's that two in every three does. I am no expert, but I do remember talking with the PhD who designed the SF Sheriff's Department DV Program used by the Courts. The number of people who suffer from DV in our community is huge. Few are prosecuted. Minimally, Ross Mirkarimi should take leave pending the outcome of his trial. I will post more on my Tumblr on this article, to make the time to educate and guide as many as possible as to why any public servant with a sense of respect to the community would leave public service and get help. I will post the rest of my comment on my Tumblr (which posts to my Facebook profile as well). I called for Mirkarimi to resign from day one that this matter surfaced. It's good to see others come to their senses. I hope Mirkarimi does also.
08:31 AM on 02/03/2012
I agree that Ross is having a bad time but disagree with Paul Currier that Ross should resign.

It appears that Ross and his family need help, counseling and support, not continued speculation, mean spirited criticism and venom.

Resigning would be the same as admitting guilt, something that hasn't been proven and something that I don't believe, despite the longings of his political enemies.

I continue to support Ross and hope he can get past this soon.

Sincerely,
David Elliott Lewis
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Paul Currier
Main Proponent
04:08 PM on 02/21/2012
I continue to call on Ross Mirkarimi to resign. As our Sheriff, Ross is a public disgrace.

Suppression of Evidence is base as a legal tactic. All of San Francisco can see thru the Sheriff's tactics, regardless of what went on in the Mirkarimi home, and apparently into the street, as witnessed by his child and the neighbors. (deep sigh) I will not allow any re-write of the factual history here. This is not some continued speculation when Ross Mirkarimi himself was who called out into the street for his wife to come back in the house after the violence. When I Pointed out that none of us should ever tolerate any Domestic Violence, that clear statement is not mean spirited or venomous. You either support Violence or you don't.

The Mirkarimi violence took place when Ross's actions went down, and this is now the festering boil on all of San Francisco. Mirkarimi's addiction to Power and Control now damage us all. Mirkarimi's political career is toast. What's next in this Soap Opera? A predictable motion for a change of venue? More motions for suppression of evidence? More legal attacks by the Mirkarimi Defense upon the other two previous victims, who have both demonstrated the courage to stand up and witness against Domestic Violence? The 'political enemy' rouge, is the cheap speculatio­n, mean spirited criticism of witnesses and political venom. San Francisco is the victim now, whether he resigns, or is convicted, or both.
11:34 AM on 02/03/2012
Mr Currier you say: " but I do remember talking with the PhD who designed the SF Sheriff's Department DV Program used by the Courts."

Who is this person that you have met that designed the current DV program? Name and Source please. thanks Paul.
07:34 PM on 01/31/2012
He brought all of this on himself.
05:48 PM on 01/31/2012
Gee, I kinda feel sorry for the city. You say national ridicule how about the series of articles in
papers like the London Mail. Indecsion and denial are running rampant from the sheriff to the
mayor.
As for the victim its hard to have empathy for someone who makes classist statements like
“I am not a little Indian girl gringo victim,'' and then questions the motives of the friend she confided
in repeatedly.
05:39 PM on 01/31/2012
Well-written piece. While I support Mirkarimi as a politician and our sheriff, it's politically ludicrous to remain on active duty while this is happening. I understand the idea of presenting a strong position in the face of what he considers false accusations, but he isn't the district manager for Ikea-- he's San Francisco's chief law enforcement officer. He needs to understand that, true or not, the DA thought there was enough evidence to pursue the charges, and he risks tainting the image of the Sheriff's Department by continuing to serve in an active role. I don't think he should resign (unless convicted), but I do think he should step aside for now.
09:18 PM on 01/31/2012
What is politically ludicrous is that the public is swallowing every 'j'accuse' from the lips of the D.A. The D.A. neglects to mention that every utterance is based on 'theory.' D.A. sources are quite thin -- emails, texts, and a video where the 'star' was led to what to say. Mirkarimi claims he's innocent, and his wife agrees. Look back to Fire Chief Joanne Hayes-White where 911 recorded 'live' the kids screaming & crying and the husband screaming and cussing that his head was broken open in two places by his wife. No charges. The victim recanted and case closed. According to the D.A., 80% of the time, the victim recants, and in this case, D.A.'s got no witness and no victim, so they're combing the country to find one.
09:30 PM on 01/31/2012
A correction: SF's chief law enforcement officer is the chief of police, not the sheriff. Sheriff maintains safety in public buildings, the courts, and the jails. In the criminal justice system the D.A. is free of liability inlodging untrue accusations. Therefore, any criminal theory may be disseminated to the media without fear of retribution or penalty. The reasoning behind innocent until proven guilty is justly because a prosecutor may use a vast array of resources and pursue any means to convict, even falsely.
04:37 PM on 01/31/2012
As a young woman (28 years ago), I had a brief dalliance with Ross. He was sweet and kind. Then I married my sweet and kind husband who later (much later) became a police officer. He was then no longer sweet and kind. In fact,he became a monster and yes, thank you, I divorced him. I hope that power hasn't turned Ross into a monster. I'd like to remember him as I once knew him.
03:59 PM on 01/31/2012
One of several good reasons the Sheriff does not step down is that the DA, a longtime political rival who actually wrote an editorial denouncing the Sheriff when he was a city supervisor, does not recuse himself because of the appearance of conflict that looms large and is one of many reasons most unbiased or unconflicted readers assume this is a political trial.

There is so much more to this than you can get from cherry picking other news stories.
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06:05 PM on 01/31/2012
All these posts from "0 fans". Mirkarimi has his crew posting all over the media. It won't change the outcome.
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harrymudd
11:29 AM on 02/03/2012
Is the number of fans a measure of validity of argument now? Well I just fanned them.
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JoanneRM
01:17 AM on 02/02/2012
I don't much like the D.A. I wasn't happy when he was named the Police Chief, and less happy when they made him D.A. when our's became Attorney General. I didn't vote for him. I also voted for someone else for Sheriff, because Ross was the Machine candidate. I'm a Democrat, Left, but I'm sick of Machine Politics. I never voted for Ross; I didn't like the way he talked down to me. I didn't like the way I was blown off and even scolded. I'm 66, a retired criminal defense attorney, and live in District 5. Ross never rang true to me; he was just too certain that he had all the answers, and didn't want to hear your ideas. A True Believer. That is fine in court, but not in the Real World.