S.F. Sheriff and accused domestic abuser Ross Mirkarimi is set to return to court next week for trial proceedings, and in advance of a judge even being assigned to the case, Mirkarimi's attorney Lidia Stiglich has filed a motion to exclude the video evidence in which his wife, Eliana Lopez, displayed bruises on her arm a day after the New Year's Eve incident that set all this motion. Stiglich argues that the video — which is crucial to the prosecution's case — should be inadmissible because it was meant to be used in a custody battle, not to prove that Lopez had been criminally abused. Kind of sounds like splitting hairs to us!

The video, filmed by neighbor Ivory Madison, is 45 seconds long and the new filing states that it was only meant as insurance to be used if the couple ended up divorcing. In the video, Lopez says, "This happened yesterday, um, the end of 2011, and this is the second time this is happening. And I tell Ross I want to work on the marriage, we need help, I have been telling him we need help, and I am going to use this just in case he wants to take Theo away from me. Because he did, he said that, that he's very powerful, and he can, he can do it."

Mirkarimi has pleaded not guilty to misdemeanor charges of domestic violence battery, child endangerment, and dissuading a witness. The December 31 incident, in which Mirkarimi allegedly injured his wife, was witnessed by their two-year-old son Theo.

PREVIOUSLY: Mirkarimi-Inspired, Anti-Domestic Violence Billboard Goes Up On Tenth Street
Mirkarimi's Wife Eliana Lopez Lawyers Up