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Rip Torn's Homeland Defense

2/17/2010 1:06 PM PST BY TMZ STAFF

Rip Torn's burglary case -- which was supposed to go before a judge today but didn't -- may not stick ... ironically, because of alcohol.

Rip Torn's Homeland Defense
Rip was arrested last month after cops found him inside a bank with a loaded gun. But today, Rip's lawyer, Tom Waterfall, told TMZ Rip has what may be an airtight defense -- he thought he was in his Connecticut home (left) and not in a bank (right).

So, you say, the house is green and the bank is yellow. Not when you've been drinking. You say the house appears smaller than the bank. Not when you've been drinking. And, Waterfall says, the bank was once a house.

Short story ... an old man comes home in the dark after a night of drinking, the keys don't unlock the door so he breaks the window, enters, and goes to sleep. When the cops arrive Torn even asks why they came to his home. So good luck to prosecutors who try to prove Rip had an intent to steal.

As for the firearms charges ... that's a toughie. Rip's in rehab and Waterfall hopes he can convince the judge to go easy.

39 COMMENTS

No Avatar
1.

jfp    

Rip is such an outstanding cool guy. They need to drop this silly
charge.

1674 days ago
2.

Puffy    

I hope they charge him with SOMETHING. You can't go around getting so drunk that you "accidentally" break into a bank and have no consequences. I think he needs a reality check on where his life is going and if he doesn't get charged, it'll be for the simple reason that he's a celebrity. Nothing else. Guy needs help and if there are no consequences to the stupid things he's doing he will never acknowledge there even is a problem. He's too old to be doing this stuff.

1674 days ago
3.

Ed    

Typical white people alway's trying to blame something for they're own action's,Hope he get's a lot of jail time and never get's out..

1674 days ago
4.

Sue Wong    

It does happen. A young woman came home drunk at 2a.m and kicked my sister's door down. She thought it was her house and was angry when nobody let her in.

1674 days ago
5.

Xplizit    

hey harvey can you guys delete this tard with the bottles of beer thing.its something kids sing on a bus and should not be allowed to be spammed in here.on to rip,he is a very cool guy but should face minimal charges and serve time in rehab.alcohol counseling and AA after rehab or possibly a halfway house court mandated and checked by court,good for a couple years as a probation and let go.no harm was intended and nothing but a window pane costing maybe 20$ was broke so i would only go for unlawful entry and drop the rest.if everyone that carried a firearm and darnk was arrested then off duty police in a bar would be the first to go.

1674 days ago
6.

TURKEY BUZZ BUZZARD MEAT TMZ    

ANYWAY you L@@K @ it he`s turkey bait...THAT SOB needs to get a life at that age sill needing rehabs buzzard bait in deed

1674 days ago
7.

They were in it for the money    

I can see how one would get confused.
Let the man go on his way, to rehab, to live a good quiet life. It was a drunken mistake. Hey, Even the bank president did not file charges, no harm no foul, except to a fine actor who got a little too jake legged. Let him be. He made a movie with Michael in it anyway.

1674 days ago
8.

Zach Swan    

I can't believe how judgmental you people are being. Give the guy a break. I mean, if we're being honest, who HASN'T done something like this when hammered?

1674 days ago
9.

Anon    

I don't think anyone wants to see an 80 year old man with a drinking problem and probably dementia serve time in prison for bank robbery when he was drunk and asleep with nothing missing. Lots of businesses in New England look like houses too.

1674 days ago
10.

isthatallthereis    

Yeah buddy, they look just alike to me!

1674 days ago
11.

rahma    

white people and their alcohol problems. It's in their genes: collin farrell, brooke mueller, courtney love, charlie sheen, etc etc. i can go on and on. If this guy had been any other race, a loaded gun would have been enough to keep him in the can for the rest of his life.

1674 days ago
12.

L    

Oh hell no! Drunks will try to excuse everything. Trust me - I lived with one for years. Nothing is ever their fault, always blaming their fu*kery on something/someone else. How about had you not been plastered, you wouldn't have had a problem telling the difference?!

1674 days ago
13.

Xplizit    

ive been pretty damn drunk in my life hammered after drinking for 24 hours but i still knew what house i was in and going to but i am also only 35.age may be a factor in his judgement and possibly some form of dimentia is setting in after all he is 79 yrs old,it could be a neurological.

1674 days ago
14.

Joanne    

Sounds to me, like he needs a Conservator.. Someone to watch over him.. Just like Britney.. She's doing A LOT better!

1674 days ago
15.

Suze    

Should he be charged with Bank robbery? Not in my opinion. However, this slob "should" be charged with breaking and entering, vandalism and public drunkenness.

1674 days ago
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