Lindsay Lohan probation hearing gets off to a slow start
Lindsay Lohan showed up on time for her court appearance Tuesday in Beverly Hills, but her hearing hasn't gone exactly as planned -- things are delayed while Lohan's attorney, Shawn Chapman Holley, gets some papers in order for the judge, perhaps with the help of a big ol' Sharpie marker.
Judge Marsha N. Revel had a few remarks about Lohan's alcohol-education compliance report, which she hadn't seen -- basically saying there shouldn't be any privacy issues because the report wasn't about diagnosis or treatment, just attendance compliance. "I'm a little surprised they didn't send me a copy," she said to the attorneys. "They sent both of you copies."
So before Revel gets a look at the hefty report, Holley has headed off to a jury room to redact any information from it that falls under the protection of attorney-client privilege. The judge will take a look at the document after that.
The SCRAM alcohol-monitoring bracelet's report is another issue, with Holley saying she was under the impression, after a meeting with the judge, that a SCRAM report would affect only bail, not probation.
Holley said "an economic decision was made" not to present evidence contesting the report -- basically, it would've cost more to challenge the report, she said, than would've come back in reduced bail if it turned out to be a misfire.
Prosecutor Danette Meyers disagreed, making the point that a SCRAM gaffe, whether it be from alcohol consumption or tampering, would be a direct violation of the court order regarding probation -- something that could send Lohan to jail. Meyers said she had proof of alcohol consumption. Holley said she was unprepared to cross-examine Meyers' experts regarding the possible SCRAM violation, or to present evidence the bracelet had failed; the judge said she'd be given sufficient time to prepare.
The judge also seemed skeptical that the device might have failed, based on her experience of others wearing them for a year without a misfire. "It's remarkable," Revel said, "that it happened to go off within two weeks" of being placed on Lohan's ankle
One point of contention: The fact that Lohan flat-out denies consumption of alcohol; Revel noted that if a hypothetical person had, say, slipped up but then taken responsibility for the slip, that might be a different matter than someone saying they hadn't slipped up at all, and that the violation report was the bracelet's fault.
So while the judge handles other matters and Holley redacts, the media circus is on hold for a bit.
Also, in an "only in L.A." moment -- or more accurately, "only in Beverly Hills" -- Danny DeVito showed up for jury duty in the middle of the media crush outside the courthouse. Good luck slipping out for an easy lunch, Danny.
Hat tip to TMZ for the live feed of court proceedings.
-- Christie D'Zurilla
[For the record, 2:24 p.m.: A previous version of this post gave the judge's middle initial as M. Her name, correctly, is Marsha N. Revel.]
Photo: Lindsay Lohan arrives for her hearing at the Beverly Hills Courthouse. Credit: Frazer Harrison / Getty Images
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