Things got a little worse for Sheriff Ross Mirkarimi today as his trial kicks off and the new judge, Garrett Wong, sided with the prosecution and will allow the use of Eliana Lopez's New Year's Day video as evidence of domestic abuse. The argued inadmissibility of the videotape was the defense's best hope of getting the domestic abuse case thrown out. And the Guardian is trying to sound objective on the matter, while also succeeding in sounding sympathetic to the highly technical (and we'd say spurious) argument made by Mirkarimi's attorney that the video should count as hearsay and was "carefully scripted and staged for reasons that had little to do with Mirkarimi's specific behavior the day before." Please.

Defense attorney Lidia Stiglich argued that Lopez's video was made for a purpose other than to prove domestic violence against her in a case such as this one — namely as a bargaining tool in a potential child custody battle, after Mirkarimi had threatened to try to take their son away from his mother in the rage-filled argument of the previous day.

The prosecution argued back that the statements in the video, though made a day after the alleged incident, count as "spontaneous or excited utterances" which are admissible. The judge agreed, and the still everyone saw of a tearful and bruised Lopez would suggest, contrary to the defense's argument, that the video was made under a great deal of emotional stress, and not "calmly."

The Guardian is also quick to add that the ruling over the video "could certainly be grounds for appeal," because they're really grasping at straws here as they watch the career of one of their favorite progressives possibly going down in flames.

PREVIOUSLY: Bruise Photos Emerge In Mirkarimi Case, New Judge Selected
Mirkarimi Lawyer Moves To Exclude Wife's Statements