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Lindsay Lohan surveillance video sale could affect court case

March 8, 2011 | 12:46 pm

Lindsay Lohan surveillance video still picture. "Have you ever seen a jury watch a video tape?" lawyer Lamar Parmentel asks Dennis Quaid's Remy McSwain in the movie "The Big Easy." "It's like they're watching Mike Wallace on '60 Minutes'!" In Lindsay Lohan's case, however, the effects of a surveillance video tape aren't that clear cut.

Lohan has been charged with felony grand theft for allegedly wearing a $2,500 necklace out of a Venice boutique and not returning it for days -- having it dropped off ultimately with police. One piece of evidence, Kamofie & Co.'s 42-minutes surveillance video of the actress' visit to the store, was recently sold to the media, raising questions about how a trial might be affected.

The actress is reportedly considering a lawsuit against the store regarding sale of the tape, saying she never gave Kamofie permission to profit off her likeness, TMZ said Tuesday.

A spokesman reiterated Monday that Kamofie at no time gave Lohan permission to walk out the door wearing the bauble, and said the store didn't expect the video sale to affect the case. Paparazzi pictures of Lilo wearing the necklace have also been rounded up as evidence.

"The bottom line is we felt there was far too much speculation about the video recording, and that it was right for the public to be able to see the video itself," Kamofie's Christopher Spencer said in a statement, L.A. Now reports. "The video would be released during the actual trial anyway .... Release of the video at this time does not violate any law."

Still, Loyola Law School professor Stan Goldman told The Times on Monday, "If you're the prosecution, you would have rather that this did not happen," because it could be used to challenge the credibility of the store owners.

According to TMZ, the Associated Press bought the tape for at least $40,000 and worked a deal giving "Entertainment Tonight" and its sister show "The Insider" exclusive rights for a week.

Lohan is due in court Thursday. The judge said Feb. 23 that any plea deal he OK'd would have to include jail time; the starlet, who is on probation for complicated reasons going back to a couple of 2007 DUI arrests and is used to stylists borrowing items for her to use, has insisted she didn't steal anything. 

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-- Christie D'Zurilla

Photo: This image taken from surveillance video shows Lindsay Lohan, center, with a male companion at Kamofie and Co. in Venice on Jan. 21. Credit: Entertainment Tonight / Associated Press

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