Late breaking news in the Mirkarimi case this evening: as NBC reports Paula Canny, attorney for Mrs. Lopez, filed a motion today to have the case dismissed on the grounds that the District Attorney's office violated her client's right to privacy by releasing photos along with publicly available materials late last week.

In her brief, Canny cites the front page of the Chronicle (which ran the same photos) and — just to be safe — the total population of Internet users in the United States and Venezuela who now have access to the clearly recognizable photos of Mrs. Lopez as sufficient evidence that her client's right to privacy was violated by the DA's actions. "What the District Attorney's Office's conduct has really done," the brief states [PDF Link], "is sully the entire judicial process. Their conduct is unconscionable. They should be ashamed." As restitution, Canny is calling on newly selected Judge Garrett Wong to sanction the DA's office for including the photos in last week's brief and asking for the case to be dismissed.

Yesterday, Judge Wong ruled that the photos and video could be used as evidence in the trial. The jury selection process is scheduled to begin next Monday, March 5th, but as some of the more legal-minded commenters have pointed out, it's going to be a stretch finding clean jurors with such a contaminated pool.

Previously: All Mirkarimi Case coverage on SFist
[NBCBayArea]