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Lindsay Lohan Case Referred to District Attorney

1/6/2011 7:14 PM PST BY TMZ STAFF

TMZ has learned ...  Lindsay Lohan's fate is now in the hands of the Riverside County District Attorney, who will decide whether to charge her in the Betty Ford brouhaha with the former staffer.

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The Palm Desert Police Department has turned its investigation over to the D.A., who will decide whether to charge Lohan with battery.

The case would be an uphill battle, because alleged victim Dawn Holland says she will not cooperate and does not want Lindsay prosecuted.

No word on when the D.A. will make a decision.

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85 COMMENTS

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16.

karlew    

#11 mary Ann

Sorry but a written statement is not admissable as proof in criminal cases because the writer is not available for cross examination.

1281 days ago
17.

Karren    

Lindsay is ALWAYS the poor VICTIM!!! Leave it to LiLo to screw up Betty Ford's wonderful reputation and getting the State Of California involved in an investigation of Betty Ford!! I really, really want to cheer Lindsay on...but it's just so difficult given the multiple chances she's been given (even Ellen DeGeneres & Portia DeRossi DeGeneres had offered to take her "in" and help her to get straightened out about 2 years back)! Guess that time will tell. AND, if her mom, Dina is anywhere near by (or "in the mix")....Lindsay is "screwed" b/c Dina herself cannot stay off the booze (and probably the drugs)!

1281 days ago
18.

dumas1000    

If the alleged victim insists that no crime has occurred against her, then it becomes virtually impossible to win a conviction in court. The reason why Holland backtracked on her story is largely irrelevant. I think it's because she broke the law by accepting a pay-out from TMZ. Others want to say Lindsay's people paid her off, which I seriously doubt. Either way, the D.A. is wasting tax payer money if he doesn't drop this case. Lindsay will not accept a plea deal, something a prosecutor would often push for in situations like this, and there is almost no way she would lose this case if it went to court.

Criminally, there is nothing here. It would be another issue entirely to take this up in a probation court setting. I suspect she would fight this hard if their was a probation hearing. She's not going to plead guilty this time like she did last time.

1281 days ago
19.

TheMarshmallowMan    

If she hasn't been in jail thus far, I highly doubt she will go now.

1281 days ago
20.

dumas1000    

The character and motives of Holland can be easily placed in doubt. If she is unwillingly to defend her position, her character is placed even further into doubt. If she accepted money from TMZ and sold TMZ a cofidential do***ent, which would've been both unethical and illigal for her to have done, and got fired as a result, her character is placed even further in doubt. It becomes incredibly easy to discredit Holland, so while whatever reports she may have filed can technically be used in court, without further testimony, those do***ents becomes worthless. Lindsay's people can say that those do***ents are full of intentional lies. If Holland isn't going to take the stand and insist otherwise, those do***ents are left holding little to no actual wieght.

1281 days ago
21.

Holly    

@karlew

Guess you never heard of Subpoena

-----------------------------

Sorry but a written statement is not admissable as proof in criminal cases because the writer is not available for cross examination.

Posted at 3:02 PM on Jan 6, 2011 by karlew

1281 days ago
22.

sst0026@yahoo.com    

Of course! she got paid to shut up...even a blind person can see this farce. A non-famous "celebrity" person would have been violated already & 180 days or more for the violation. There is always two justices in California: Non - Famous & Famous Categories.

1281 days ago
23.

The Truth    

Lindsey is Going to Jail

The Legal Issues are very simple in Riversides Prosecution.

The tapes from Betty Ford will show the actual events.

The Prosecutor will submit the sworn statements of all parties given to the police. They do not have to call Dawn Holland as a witness. They may file her sworn statement as evidence with the court.

It will then be up to Lindsey’s lawyer to make the decision to call Dawn Holland as a witness.

This is where it will get interesting. If Lindsey’s lawyer calls Dawn Holland as a witness Dawn Holland will be stuck. She can stay with her sworn statement or if she changes it she will be charged with perjury. And if she refuses to testify she will be found in contempt of court and sit in jail until she does.

The key other point will be she will be asked if she has received any compensation for not seeking prosecution of Lindsey (Dina Paying her or someone else). Of course the prosecutor will already have all Dawn Holland’s financial records so she will not be able to lie.

Betty Ford has a 97.8 percent recession rate. It’s on file with the state. Even Betty Ford relapsed several times. They will do anything to keep their name out of the papers. They have 42 lawsuits in the past 2 years that were settled out of court. They were sued for their high cost and no treatment.

So Riverside is only doing what they are supposed to. A crime is committed and they prosecute.

Goodbye Drug Addict Lindsey. Momma Dina Lohan can’t save her meal ticket this time.

1281 days ago
24.

Holly    

@dumas1000
Are you saying Lindsay is credible?
You dont think the character and motives of Lindsay would easily be placed in doubt?

1281 days ago
25.

sammi    

LiLo wouldn't be in this pickle of a fish if she'd only taken Cheerz when she drinks. Wipes out the toxicity and leaves the stupidity intact. But don't look for it in stores. Never gonna happen. This stuff makes Four Loko look like Enfamil.

1281 days ago
26.

tcyb    

If the DA goes ahead with the charges then Holland will be subpoened to testify and get in alot of trouble if she does not comply. If she goes on the stand and lies about her initial report, then holland could get in more trouble for lying to the police. Holland has no choice.

1281 days ago
27.

Candace    

Well, if she took the Payoff then she is disqusting.!!! Obviously she isn't worried about Lindsey breaking the law or anyone else becoming a victim. She just wanted money. Probably never even happened. s i c k.

1281 days ago
28.

dude    

they hardly will have a case with the worker changing her tune.

1281 days ago
29.

The Truth    

WRONG

A sworn statement given to the police is 100% admissible in court. It will be up to Lindsey’s lawyer to call Dawn as a witness to contradict her own sworn statement.

The Prosecution does not have to call a witness when there is a sworn statement by a witness. It is up to the opposition to call the witness to contradict the witness. Thus this covers being able to face your accusers. Dawn is not the accuser the state is.

Nice try Lohan

1281 days ago
30.

get real    

The Police Have something! Dawn was payed off to shut up! Who Wins?

1281 days ago
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