Santa Monica Police Dragnet is in Progress for an Accident Involving Lindsay Lohan

Santa Monica, CA-Pacific Coast Highway is an incredibly scenic stretch of highway next to the ocean.

June 8^th was a particularly nice morning for the somewhat troubled young actress Lindsay Lohan.   Lohan was either a passenger in or driving a black Porsche Northbound in the 1100 block on her way to portray the late and great Elizabeth Taylor in a biopic film.

Something unexpected happened.  There was a collision between a large dump truck driven by an African-American male and Lohan’s black Porsche.

Lohan and a male occupant of the Porsche were injured.  They were being followed by a SUV that stopped and rendered aid to the injured.  Aid was rendered and the insurance information was exchanged.  Once that happens no driver is required to remain at the scene for any reason including talking to police or proving themselves sober.

Santa Monica Police responded to a call by the truck driver.  Police checked all three occupants of both vehicles for impairment and found them all to be alert and sober.

As what routinely happens with vehicle accidents some drivers claim the responsibility was on the other driver.

Was this a simple case of an inattentive Porsche operator driving too fast and being unable to stop in time to avoid a collision with the rear of the truck?  Was it a case of the truck cut recklessly in front the Porsche causing the collision? 

Photos of the Lohan Porsche seem to support the cutting off theory since the damage is not from the kind of impact expected when making direct impact with another vehicle from behind. 

A young woman interviewed the truck driver on video and apparently sold her recording to TMZ.  In that interview the driver claimed that Lohan tried to flee the scene by entering the SUV that was following her.  He also claimed she was trying to hide a pink bag.  To the contrary the evidence clearly shows nobody attempted to flea anywhere.  

Both occupants of the Lohan Porsche were injured and required medical care.  That is more important than talking or arguing with the other driver.   The truck driver’s claim that Lohan was hiding a pink bag is beyond meaningless since if the bag existed nobody knows what may have been inside of it.  The truck driver went on to claim that Lohan’s people at the scene offered him money not to blab about the accident.  Did the truck driver attempt to extort money from Lohan and get rebuffed? I ask, who really cares about that?

The best part of this story is that Lohan and the other Porsche occupant have not been confirmed as the driver!  Police have yet to determine who actually was driving the Porsche!

So the Santa Monica Police Department have put out a press release asking for witnesses to come forward so they can determine what happened and most importantly who was driving the Lohan Porsche. 

Let’s review this for a second.  There is an accident with property damage and minor injuries.  Both vehicles are presumably insured and the injured in the Porsche don’t want to make claims.   This is only about a minor traffic accident and who may or may deserve a simple citation.  Does this deserve such a police dragnet?  Are they desperately looking for witnesses because it involved Lindsay Lohan?

Let’s say arguably that the truck driver was without blame.  He has not suggested that he was injured and the damages, if any involve the truck he was driving presumably owned by his employer.   Insurance information was exchanged for the vehicles and the insurers will deal with the property damage in a non-criminal setting.

Lohan never missed a beat, once she was patched up at the UCLA hospital facility in Santa Monica she reported to the set of her film.

As a long time cop and PI, I found that it’s rare that you cannot assign blame to the cause of an accident.  Most often the drivers can’t wait to tell their sides of the story to police. This appears to be one of the rare ones where police don't know who was driving. 

In this investigation the cops can simply suspend the blame due to a lack of evidence.  Lohan and her fellow Porsche occupants have an absolute right not to talk to police or anyone.  If before the Statute of Limitations expires they get enough evidence they can mail their summons to the driver who was determined to be at fault. 

What we all must understand here is, that police have not been able to clear the truck driver or the Porsche occupants of being responsible for the accident.  

Had this involved anyone other than Lindsay Lohan would anyone have cared? 

Judge Stephanie Sautner's Bail Bond Order in Lohan Case Was Overly Punitive.

Los Angeles, CA—All accused Americans have a right to be released on reasonable bail when they are accused of crimes. Bail is granted with two specific issues, the first is concerns the likelihood of the accused to appear in court or flee. The second issue has to do with the protection of the public from any danger posed by the accused.

Today Lindsay Lohan was ordered held to answer a probation violation accusation involving her two probations. Judge Stephanie Sautner ordered Lohan post $50,000.00 cash on each allegation.

California's bail bondsmen have a heavy lobby and nearly always get whatever they want from lawmakers. Bondsmen have more power than cops over the people they service. Bondsmen need to be put out of business and the courts accept that responsibility.

With bondsmen they take and keep ten percent of the bail automatically. Lohan had to fork over $10,000.00 cash in order to be released from jail pending her hearing. That’s money straight into the sewer. Many defendants are forced to use taxpayer provided public defenders because they have nothing left if they are able to post bail. That’s horrible public policy.

Jurisdictions like Illinois rid themselves of bondsmen, requiring defendants to post ten percent of the bail with the court clerk. Provided the defendant appears the ten percent is returned to the accused. Lawyers can have those bonds pledged for the services saving taxpayers a bundle. The rate of bail forfeitures is not greater in Illinois than California.

I have a huge problem with Lohan’s bond. The first is that Lohan does not miss her court dates always showing up with a lawyer. We know for sure she will appear. The other is that she has no history of violence and any public protection concerns don’t exist. Why then, must Lohan be forced to post $100,000? Is there some judicial corruption involved here?

Simply put, Lohan should have been released simply on her promise to appear. Judge Sautner’s enriching bail bondsmen does nothing to further the administration of justice or the presumption of Lohan’s innocence.

We don’t have room in our jails for dangerous convicted criminals but we make room for people simply accused of non-violent crimes. Someone please tell me what that’s about.

All I ask for is some simple common sense but cannot find any in the California court system.

Lindsay Lohan’s Defense Investigation Laundry List

Venice, CA—Lindsay Lohan is accused of the felony crime of Grand Theft. This was in connection with the temporary removal of a necklace from a jewelry store. The reasons for the removal are not all that clear nor is the intent to permanently deprive needed to establish a theft case.

As a criminal defense investigator these are what I would do to establish Lohan’s innocence:
1. Learn the reasonable value or worth for the necklace to see if it really meets the threshold minimum dollar amount required to classify this as a felony offense.
2. Interview every witness listed in the police or news media reports. The witnesses’ friends must be also interviewed to determine inconsistent statements. There will always be inconsistent statements in a case like this.
3. Conduct a full background investigation on every witness including examination of internet social networking sites visited by these people.
4. Examine the scene where this event took place.
5. Determine if any media leaks were the result of witness instigation or celebrity information commerce.
6. Establish any and all increased traffic to the “victim” business and their website after this story was published in the media and its influence on the witnesses.
7. Full investigation of prospective jurors and their social networking activities. This would continue throughout any trial.
8. Any other tasks though necessary by the defense counsel.

The defense lawyers have no choice but to fully test the evidence. Failure to do so could result in a wrongful conviction and years of unnecessary appeal work.

Lindsay Lohan cannot risk a serious conviction. It would affect her ability to work and for any future foreign travel.

I already believe the state’s theory is full of gaping holes and that Lohan should be very reluctant to seek any plea bargain that could damage her significantly. Of course that’s a decision she must make on her own after being fully advised by her lawyers.

The next question I have, are Lohan’s lawyers up to the task of trying this case? I’m not so sure of the answer. One of her lawyers, Blair Berk is a master at facilitating generous plea agreements. That’s however not the same as trying the case.

Me, I’d bring in Chicago Uber-Defender, Jed Stone. Stone is one of the better death penalty lawyers in America. He may be over-kill but he has special abilities to get the right information to the jurors in a way they can all understand.

In any even I hope this case plays out in a way that will make us proud of our Bill of Rights and the way we conduct criminal trials.

You never know when the victims show their real motives in matters landing in our criminal courts. Check out this one!

Putting an End to an Unwanted Lindsay Lohan Prosecution

Los Angeles, CA—In the past several decades we’ve managed to become a Police State. Government has taken total control over people’s lives with tactics that are harmful to our relationships involving, family, friends and business associates.

An example is actress Lindsay Lohan. The actress now stands accused of felony theft of a necklace. The store owner has publicly said she wanted her property returned and not the arrest or prosecution of Lohan.

There is a way out for anyone that does not want to cooperate in prosecution. The prosecutors will force you to testify threatening contempt punishment including jail if you refuse to testify. They will also threaten you with criminal charges if you now claim that your original story to them was false. Here is how it would work in the Lohan case.

Prosecutors have a digital video recording of the alleged movement of Lohan with the necklace as she leaves the store. That video alone is absolute hearsay and therefore inadmissible as evidence without an eye witness that can say he that video reflects what they saw with their own eyes.

I’m not suggesting a perjuries denial by a witness under oath. But anyone can force anything they wish out of their memories. It then is simple enough to tell prosecutors that you’ve put this matter out of your mind and cannot recall anything about it. If they persist in forcing you to testify you can simply tell the court that you’ve put that police contact and investigation in the land of unpleasant or regretful memories and no can no longer recall.

The primary block to any perjury prosecution is the statement by a party or witness that they cannot recall. That cannot punish anyone for what they cannot recall.

The store owner in the Lohan case has every right to contact the District Attorney and tell them they cannot recall. A quick phone call, note or other communication to the defense attorney to this information would result in a dismissal. Prosecutors would be unable to continue in the absence of a confession by the defendant.

If the jewelry store owner is sincere in her claim she does not want to prosecute Lohan she can do just that without fear of reprisal from anyone.

Why should taxpayer be funding prosecutions of anyone where there is no willing victim? Perhaps we can begin to end the nearly absolute power of prosecutors, one case at a time. After all, a victim has the right to not be a victim.

Lindsay Lohan is Starring in Felony Court Tomorrow

Updated 2/9/11 at 2:10 PM. Los Angeles, CA—Lindsay Lohan will be starring as an accused felon in this real life drama. She will be appearing with her lawyer at the Airport (LAX) Court at 1:30 PM.

Lohan will be served with a criminal complaint through her lawyer and advised of her rights. There should be no issue of bail assuming Lohan appears.

The rub here is a likely probation violation that may get Lohan taken into custody. That would bring about the question of bail.

Under the judicial microscope will be an allegation that the troubled actress purloined a $2,500.00 necklace from a Venice Jeweler. That will take many months if not over a year to resolve under most conditions.

The defense will be entitled to police investigative reports as part the discovery process. Lohan will need a top notch experienced criminal defense investigator to assist her lawyer in getting the evidence.

The whole thing sounds fishy to me because of the delay in reporting and because they knowingly let her leave the store wearing the merchandise. There also seems to be a Hollywood policy for jewelers and such to loan out their wares for marketing purposes.

That necklace now has an increased value not only because Lohan wore it but because of the controversy that suddenly surrounds it. That in and of itself, could have motivated the theft allegation.

UPDATE 2/9/11 2:10 PM:

Lohan was ordered to post $40,000 bail to secure her release on the theft charge and allegation of the Probation Violation.

There was talk of a “settlement” in this matter. That indicates that a misdemeanor plea agreement of some sort is in the works.

A conviction for a misdemeanor would cause a probation violation and undoubtedly a jail term as part of any agreement.

In court today the prosecutor alleged that Lohan had flowers sent to the “victim” and asked for an order precluding any future contact by Lohan or her agents. That order was granted with the exception of Lohan’s lawyer and or defense investigators.

Lohan remains to be fingerprinted, photographed and for bail to be posted by a waiting bondsman. I suspect that could take hours to complete.

Bail is to insure a defendant’s appearance in court and since Lohan came in without more than a summons indicates she in fairness should not be required to do more but promise to appear in the future. Bail here seems particularly punitive without a lack of evidence that she would abscond.

The judge went out of his way to admonish Lohan that she’d be jailed without bond should she be accused of any additional offenses pending the outcome of this theft case.

Lindsay Lohan Nixes Linda Lovelace Film

Hollywood, CA—When I heard Lindsay Lohan was set to play the late porn star, Linda Lovelace, I saw this as a career ender. That’s a role that should be played by a real porn star without a gag reflex and nothing to lose. This was a terrible role for Lohan.

The other story is the production company was unable to find insurance to cover this troubled actress. getting out of that film was a gift for Lohan. Now we can see what unknown actress will become world famous for her ability swallow monster man meat.

Lohan is both pretty and a talented actress. She was raised in a dysfunctional family and advised by both solid entertainment industry professionals and some real trolls. Lohan was a victim of her own early success and wealth.

Lohan came out the successful Disney machine. Another, alumni of Disney is my dear friend, and Golden Globe winner Ann Jillian. Ann has express deep sorrow for Lohan difficulties as have I. I think discarding this woman at her age is pre-mature. Ann wants Lohan to use that natural actress discipline to defeat her other demons too.

Lohan needs to resurrect herself from the bad friends and choices she made. Getting out of the Lovelace film is a great start. There’s no reason that Lohan cannot achieve the kind of scandal free success enjoyed by Jody Foster, Meryl Streep, or Hillary Swank.

I think it’s fair to say that Lohan is the casualty of a failed Drug War. I can’t help but think of the great talent of a lad that was almost consumed by drugs and a prison cell. That is Robert Downey, Jr. Downey got serious and took the cure and has been terrific in the many films he’s done since.

Can Lohan or Downey fall again? Sure that can happen but it’s time to encourage rather than discourage these two.

Lohan has the right looks, and she’s now the right age to play the lead of my own film project, Come Friday. The true story of a heroic Chicago policewoman back in the days all policewomen wore a uniform that consisted of heels and a skirt.

A lot of Chicago cops read my blog and would as I do have concerns that whoever plays that role never bring the late policewoman Ann Leybourne discredit. I invite and expect some comments from them on this suggestion.

I think this role would inspire Lohan’s recovery and help her to be all she can be. I’ve discussed this idea with Ann Jillian and her husband of many years, retired 023 District Chicago police Sergeant Andy Murcia. They, like me think she right for the role if I can ever get the film financed.

Whatever happens, Lindsay Lohan deserves a chance to get on with her life. Remember Lohan has never physically hurt or stolen from anyone.