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Alleged Lindsay Victim to Cops: How Dare You!

1/13/2011 4:30 PM PST BY TMZ STAFF

The lawyer for the former Betty Ford worker who was allegedly attacked by Lindsay Lohan has fired off a letter of outrage to the Riverside County District Attorney, after authorities secretly went to the worker's home this morning to grill her over the incident.

Lindsay Lohan Victim

Members of the D.A.'s office went to Dawn Holland's home this AM to get a statement from her about the incident, even though her lawyer, Keith Davidson has repeatedly told authorities she wanted no part of it.

In the letter, Davidson says he wrote cops a letter last month and had a follow up conversation stating that Holland "does not desire prosecution of Ms. Lohan and that any communication with Ms. Holland is to go through my office."

Davidson is indignant authorities went to Holland's home without even giving him the heads up, calling it "a blatant attempt to stomp on the 6th Amendment [right to counsel]."


80 COMMENTS

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46.

fyi    

18 & 31 - 5th ammendent rights apply to anyone, especially dawn holland who could potentially end up as a suspect should she give an incriminating statement. thus the phrase "I plead the 5th" on the grounds that any statement i give may incriminate me.

and by the way, 6th amendment rights apply to "the accused". if cops went to hollands house to obtain a statement assuming she is a suspect in a battery case, and holland has previously and expressly invoked her 6th amendment rights, then yes, they did violate her rights. but if they went to her house assuming she is a victim or a witness in a battery case then those rights do not apply.

and #29 is correct. if this is a solely a probation violation case then these cops have no jurisdiction in the first place.

1315 days ago
47.

Ginger    

Uh, Spot, if you are witness to a crime, it is in your best interest to answer the questions. That way they won't have to bring you downtown, you have to call a lawyer, pay him/her, then when you get to court, you have to answer to the judge as to why you refused to answer questions in the first place. The easy way out is just tell them what they want to know. How easy is that!

1315 days ago
48.

BD    

I'm no lawyer but the case law sited as that which violated this "victim's" 6th Amendment rights pertains to the questioning of a defendant.....which would be Lohan in this matter. Seems this victim may be paying good money for bad lawyering....but isn't that often the case?

If anyone is looking for their 15 minutes of fame it just may be this all puffed- up, hair-on-fire attorney.

1315 days ago
49.

JLS    

It's obvious to anyone with a brain Dawn was paid off. She reversed her course and statement drastically within 24 hours of being paid off.

The DA has the right and should pursue LL anyway. Thta's what Attorney Davidson isn't explaining to his client here. If that involves getting a statement from Dawn, so be it. She has no choice but to comply. It's evidence gathering in due course.

Press ahead DA and PD Police. Nothing here is out of order except the obvious payoff to obstruct justice.

1315 days ago
50.

JLS    

Even if Dawn drops charges and informs this DA she doesn't with to continue, this DA can press ahead. It's not just up to Dawn.

That's what many posters here don't understand.

1315 days ago
51.

Nicole     

@JLS
Everyone understands that the D.A could decide to file charges without Dawn's cooperation but please tell me the point?

Lets break things down
1) The alleged victim is no longer cooperating
2) Lindsay's rehab friends such as her housemates and Adam Case back her up
3) There is no evidence of her drinking and Riverside doesn't have the power to violate her.

Plus look at their crazy actions
1 - Announcing that she violated several aspects of probation when they aren't even overseeing her probation
2 - Harassing Adam Case
3 - Trying to get access to the alleged victim without her lawyer being present

1315 days ago
52.

gloday1    

have any of you thought that maybe Dawn Holland lied or even exagerrated what happened that night? If there are tapes and video evidence they wouldn't need Dawn Holland to prosecute Lindsay Lohan. If she wants her lawyer present when she's being questioned the cops can't stop that, is Holland afraid of diggin another hole for herself? just sayin'

1315 days ago
53.

marknyc    

to Jay (#15)
yeah I too believe that money took a big part in this. but then put yourself in her shoes: you have somebody with the system who wants to look good and keeps pushing and pushing and you have to deal with it when there is nuthing good coming out of it for you. one side is motivated by publicity or whatever other reason and don't care about you, and you have to put yourself into troubles to satisfy them?
I say she looks after her best interest and she's doing what she thinks is right for her. can't blame her, could you blame her?
in any case she has a Lawyer so they can ask the Lawyer directly.
problem solved.

now the system should apply the same force to catch real criminals (that's my opinion). for example polanski is still laughing at the system from europe: how did THAT happen?

and that one is a rapist, not a famous talented girl in rehab

one thing is to catch teens playing (female in this case) and a totally different thing is to catch real criminals with real guns.

no?

1315 days ago
54.

tgrfan42069    

so dont break her rights by talking to her with out a head sup..yet this lady gives out lindays info and what not breaking her rights.

1315 days ago
55.

Cheryl    

Her lawyer doesn't want her questioned without his presence because she can not answer without admitting to her own crime of violating the HIPPA rules. She willingly removed patient information and sold it to the tabloids. She can't be forced to incriminate herself it's a violation of her rights.

The Riverside PD and the DA are wasting tax payers money pursuing this case. The witnesses, and alleged victim have all come out in favor of Lohan. Like it or not they just don't have any proof. And Proof is what they have to have to prosecute her.

1315 days ago
56.

sapphire     

Lohan is extremely lucky. This new D.A. is honest and if there isn't enough evidence he will not give her a charge. Had this happened a month ago she would already be in the slammer with 6 charges made up by the crooked D.A. that was previously in office. Besides if someone doesn't want to press charges what else is left?

1315 days ago
57.

Jack Peter    

Surprised Lindsey is living in Venice....word on the street is that she sang like a canary when busted for coke in the SM car chase....that is why she was never fully prosecuted for felony coke possesion.

1315 days ago
58.

Shea    

If they have enough to charge her with ,they will do so.
She will get either a jury trial or a trial with a new judge in Riverside county.

If it goes that far, I don't think she will get off again. Neither a judge nor a jury will let her walk.

1315 days ago
59.

fyi    

18 & 31 - 5th ammendent rights apply to anyone, especially dawn holland who could potentially end up as a suspect should she give an incriminating statement. thus the phrase "I plead the 5th" on the grounds that any statement i give may incriminate me.

and by the way, 6th amendment rights apply to "the accused". if cops went to hollands house to obtain a statement assuming she is a suspect in a battery case, and holland has previously and expressly invoked her 6th amendment rights, then yes, they did violate her rights. but if they went to her house assuming she is a victim or a witness in a battery case then those rights do not apply.

and #29 is correct. if this is a solely a probation violation case then these cops have no jurisdiction in the first place.

1315 days ago
60.

cyn    

Free room and board for her BF friends when they get out.Paying for Dawn's lawyer,what did Adam the hairdresser get?No wonder the PD are investigating. This all sounds like Michael and Dina may be working together. Sounds like a fair trade off.BF,Dawn and Tmz are all somehow in this tangle web. This I hope this works out for everyone and PD just drops this investigation.

1315 days ago
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