Eliana Lopez's Attorney Wants Prosecution Sanctions

The photos will be part of the trial, but Eliana Lopez's attorney wants the people who released them to the public punished.

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    NEWSLETTERS

    This is the photo that is the center of the legal action.

    The release of photos showing a crying and bruised wife of San Francisco Sheriff Ross Mirkarimi has led to a call for sanctions from the judge overseeing the trial.

    On Tuesday, Eliana Lopez's attorney told NBC Bay Area the dissemination of photos of Lopez has violated her client's privacy rights.

     Mirkarimi, 50, faces misdemeanor charges of  domestic violence battery, child endangerment and dissuading a witness in  connection with a Dec. 31 incident in which he allegedly bruised Lopez's right  arm during an argument in which his 2-year-old son Theo was present.

    See the court filing here.

    Attorney Paula Canny says her client will forever be harmed by the release of the images because they appeared in publications around the world and in Venezuela where Lopez is a television star.

    Canny has filed a motion asking Judge Garrett Wong to sanction the District Attorney's office for attaching the photos to a brief that the public had access to.

    She's also asking for the case to be dismissed.

    On Monday Judge Wong ruled the photos would be admitted as evidence in the trial.

    Potential jurors are expected to be called to court on Wednesday to fill  out a questionnaire. Jury selection will begin on March 5, according to the judge.