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I bought Sorry For Party Rockin\' and was pretty dissappointed. It wasnt as good as I expected. Oh w ...
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Actress allegedly said she'd return to the jewelry store the day after the necklace incident but didn't, leading the store owners to report a theft.By Gil Kaufman
Lindsay Lohan in court on WednesdayPhoto: Mario Anzuoni-Pool/ Getty Images
Even as Lindsay Lohan was pleading not guilty to a felony charge of grand theft on Wednesday afternoon in a Los Angeles courtroom, questions were being raised over whether the 24-year-old troubled starlet had really meant to pilfer the $2,500 necklace at the center of the case.
On Thursday (February 10), TMZ posted details from the police report on the incident, which seems to shed light on how the "Mean Girls" star ended up with the gold and diamond trinket. According to the gossip site, the report details Lohan's every move while in the Venice, California, store she entered on January 22, just days after checking out of a rehab facility.
Per the timeline in the report, Lohan walked into the store and removed the necklaces she was wearing, placed them on a counter and then proceeded to "try on numerous rings and three different necklaces including the missing yellow diamond necklace."
As she shopped, the police report noted that she continued to wear the yellow necklace, but shortly after 6 p.m., the owner locked the doors and let Lohan and a friend continue to shop. The actress tried to haggle down the price of a $3,600 ring she had her eye on, but after she pulled out $3,000 in cash, the owner declined and Lohan said, "OK, we'll come back tomorrow."
As she packed up to leave the store, Lohan reportedly put her necklaces back on, but didn't take off the store necklace, and walked out. The owner noticed a short time later that Lohan had left with the yellow necklace and, according to the police report, suspected that the actress had mistakenly worn it home and would return it the next day.
But Lohan never did come back and the owners eventually filed a police report about the incident.
That scenario begs the question of whether this case is about a mistake of fact versus a mistake of law, according to criminal defense attorney Jacob Glucksman, who has no firsthand knowledge of the facts in the case and is not involved in its litigation, but is representing one of the witnesses in the matter.
"It matters how many other necklaces she had on. If she had a bunch on and left them on and forgot to take them off, you have to wonder if it's a mistake of fact rather than a mistake of law," he said. "If it's a mistake of law, there's no defense. If you said you didn't think it was against the law to take it, there's no defense. If she was mistaken that she still had the necklace on and made an attempt to return it as soon as she realized it, it could negate the element of the intent to steal. It could be that she had so many necklaces on that she didn't notice."
As for whether Lohan made an attempt to return the necklace, Glucksman said he could not comment at this time.
Based solely on the press accounts that he's seen, Glucksman said it does not appear to him that Lohan intended to visit the store, get a couple of pieces of jewelry, walk out and bring them back at her convenience. He did say, however, that there "seemed" to be a prior relationship between Lohan and the owners of the store and that they were acquainted with each other before this incident. "As far as what agreements were made to allow her, if any, to leave the store with that necklace, that's something that will develop over time as the case unfolds," he said.
He noted that Hollywood stars often have agreements (usually in writing) in which they are allowed to borrow jewelry for major events such as the Academy Awards. But it's unclear at this time if Lohan had such an agreement with the Venice store.
TMZ reported on Thursday that a police report it obtained appears to show that Lohan walked out of the same store with one diamond earring in her ear a few days before the incident at the center of her current case. She tried on the pair of 18 karat gold white diamond earrings, removed one and continued shopping while wearing a single earring. Before leaving, a clerk reminded her about the earring and Lohan admitted her mistake and returned it. That scenario could actually help Lohan if the case goes to court because it could show that the actress did not intend to commit a crime.
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