Lindsay Lohan theft case is reduced to a misdemeanor

In a legal victory for Lindsay Lohan, a judge Friday reduced the charge the actress faces for allegedly stealing a necklace from a felony to a misdemeanor.

The change greatly reduces the amount of jail time the star could face if convicted. It also opens the door to possible settlement talks.

Prosecutor Danette Meyers said she will seek to overturn Los Angeles County Superior Court Judge Stephanie Sautner's decision, which would limit how long Lohan could serve in jail to no more than one year.

The owner of a Venice jewelry store testified Friday that 10 minutes after she closed her store Jan. 22, she noticed that Lohan had left with a pricey necklace.

Sofia Kaman testified that Lohan had tried on the necklace and not removed it despite not paying for it nor working out a deal to borrow it.

Lohan faced a grand theft charge in connection with the missing necklace.

Her blond hair up in a bun and her diamond earrings and diamond ring shimmering against her black shirt, Lohan was a lively advisor Friday to her attorney, Shawn Holley, at the Airport Courthouse.

Kaman said she would have stopped Lohan if she had seen the necklace. "Absolutely," she replied when asked the question.

Kaman testified that Lohan put her own necklace over the store's necklace. The store owner said she reported the alleged crime to police the next day after watching a security camera tape.

She said the necklace was acquired for $850 and sold for three times that amount, a standard industry practice. Her statement was elicited by the prosecutor in an attempt to undercut efforts by Lohan's attorney to drop the necklace's value to less than $950, making the alleged crime a misdemeanor.

Kaman said the jewelry store was under constant harassment by the media for licensing the security video, which she said was done under a lawyer's advice to get out a "non-altered and authentic" version of the video.

She said a licensing advisor sought to air it on pay-per-view, which she opposed. Kaman said the store has not received any money from the video licensing.

Later, Holley asked Kaman whether Lohan was wearing an "extremely low-cut top" with her "cleavage exposed" and her neck visible, and Kaman agreed the actress' neck and cleavage were visible.

Kaman also said that after Lohan put on the necklace, the actress looked at it several times in the mirror over about a half-hour period before leaving.

Kaman acknowledged she initially thought Lohan had put the necklace in her handbag, based on an early look at the security camera video, but that she later saw from the video that the actress had it around her neck when she walked out.

Earlier, a worker at the Kamofie and Co. store testified that four days before a necklace went missing, Lohan had almost walked out of the shop with a diamond earring in her ear.

Tinelli Comsooksri testified that Lohan tried on a pair of earrings Jan. 18 and put one down but left one in her ear.

As Lohan was leaving, the store employee testified, "I reminded her she had one earring in." Comsooksri said Lohan replied that "she was sorry."

The sales assistant said she emailed her bosses after the incident to inform them about what happened.

RELATED:

Shop owner testifies she noticed necklace was missing 10 minutes after closing

Lohan almost left jewelry store with diamond earring, saleswoman testifies

Lohan could face employee of jewelry store accusing her of necklace theft

-- Richard Winton at Los Angeles County Superior Court

Photo: Lindsay Lohan, left, arrives with her lawyer, Shawn Holley, for a preliminary hearing, Friday at the Airport Courthouse. Credit: Chris Pizzello / Associated Press

Comments

[Freddie]

“Lindsay Lohan will play the daughter-in-law of late mob boss John Gotti — and wife of imprisoned mobster “Junior” Gotti — in the film Gotti: Three Generations, according to a press release from Fiore Films. (A Fiore representative for Gotti had earlier told EW that Lohan was out of the running to play another role in the film: Victoria Gotti, the daughter of Gotti Sr. and sister of Gotti Jr.) As part of the deal, Lohan has also agreed to star in another Fiore film, Mob Street, written by Chazz Palminteri. Lohan joins a cast that includes John Travolta as Gotti Sr. and Joe Pesci as Gotti subordinate Angelo Ruggierio. The film will shoot in the fall, with an expected release date of late 2012.”

[frankie]

if the court had a case they wouldn't reduced the charge.its funny how paris hilton is getting sued in civil court for doing the same thing.you people need to look beyond your hate for this and what this court is doing.for in America you are innocent until proven guilty.so you have to ask yourself how can the judge sent her to jail without knowing if she is guilty.Calif is twisting the law they do this all the time and you have 10 of 1000s in the prison system that are costing you the tax payer 100s of millions.just because some one gets accused of a crime dosent mean they are guilty.they have no right to send anyone to jail or prison.this union run state is creating a image that they are doing their job by keeping the prison and courts full its dosent matter if you commit a crime or not they just to look busy.by bringing this girl to court it has most of you looking in the wrong direction.why the unions are wiping out this state.wake up LA county.

[blondie]

Frankie, there were two cases being heard today, simultaneously.

The first was an evidentiary hearing (regarding the necklace) to determine if there was enough evidence to proceed to trial - the judge found there was. The second case was to determine if she violated probation (being arrested for theft of the necklace was a probation violation). The judge found her guilty of the probation violation and sentenced her then and there. That is why she was taken into custody.

[Long Calls]

Lilo should have worn that tight white dress again to show off that outstanding body--the judge would have given her a "better ruling."

[frankie]

blondie I know what happen today,but the point you are missing.as far as the law goes she did not brake a law yet she is not guilty of anything.so how can the judge give her a violation.what is her violation.the courts are twisting the law.and as far as that hearing its called a preliminary hearing.which means nothing its a one sided hearing which the judge all ways rules that it can go forward no matter what.you have a broken system that only works for them.you watch what they do to her can you imagine what they would do to you.this is headline news and they have taken her rights and threw them out the window.what this judge said today is your guilty with no trial.your guilty because I said so.how many are in prison today just because.

[Marge]

The FACT of the matter is, celebrity or not, anyone who repeatedly breaks the law, violates parole, and disrespects the justice system should pay a penalty. This is getting off easy for Lindsey Lohan. If she were in any other state, or if she weren't protected by this shell of a community, she would've been in jail a long time ago.

[Building Self Esteem]

It’s so miserable.. what we can do.

[GinoRI]

In Ms. Lohan's defense, some things seem very odd here. I suspect one or more of Ms. Lohan's assistants failed to arrange payment for the necklace that Ms. Lohan tried on, or failed to bring to Ms. Lohan's attention that she was still wearing it. In addition, with all the freebies pushed onto celebrities like Ms. Lohan, I suspect it's hard for someone like Ms. Lohan to keep focused on whether something has been paid for or not, or whether it requires payment.

I agree with the other commenter above who suggested that the owner of the jewelry store either set up Ms. Lohan or was extremely negligent in failing to keep track of the store's merchandise.

[blondie]

Frankie, this is the point: Lindsay is still on probation for DUI convictions dating back to 2007. Because she has repeatedly violated her probation, it keeps being extended. Today's ruling (sentencing) was strictly about violating probation - that's it.

As to the necklace business, the judge found there was enough evidence to move forward to trial. That will take place in the near future. She has not been found guilty of something that has not yet transpired.

Again, the 120 days plus community service was solely for the probation violation. That is all.

[frankie]

blondie,for one why is girl on probation for 4 years for DUI.in any other state that would not happen.now you miss the point the law is very clear in America you are INNOCENT TILL PROVEN GUILTY.did she get found guilty of stealing the necklace no, then how can the judge violate her if she is not guilty.this is suppose to America,Americas have rights,the courts have laws and rules they must follow.it was made to keep innocent people out of prison,now what happens if she is found not-guilty that would mean she went to jail for nothing do you have any idea how many people are in the prison system that are innocent.this state has a system that serves them(the union)this state spends 10s of billions of dollars locking up drunks while the real crimes they dont brother going after.ask your self one thing if drinking is so dangerous why can you buy liquor any where in this state.they make money on the tax and billions more on the tickets.it time Calif wakes up and takes a good look what is going on

[Hybrid]

And you wonder why some people distrust the justice systm.

[Atlanta Roofing]

It is amazing she has stayed clean though, but I honestly think she has an entitlement problem. Of course she thought she could just keep that necklace. She was supposed to behave herself while she was on probation, and they already made an exception for her. That is why she got this harsh a punishment, and now she gets to post bond.

[ted409]

im not that bigga fan of lohan but the law has sure made her life miserable and expensive by revoking bail on her 1 for a lost passport making it impossible for her to get home in time for a court date and various other things.

[bry]

You know what, they should just send her to prison for 5 years, and maybe she will obey the law for once.