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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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61.

Spot    

@ 51 Ginger

A whiteness can not be arrested, only someone suspected of a crime can. When you are arrested the police have to tell you that you have a right to remain silent. If you whiteness a crime and refuse to speak to or cooperate with the cops then they will have to find someone else to talk to.

No un-interviewed witness is ever going to be in court being asked questions by the prosecutor and if your compelled by subpoena to appear and be questioned you can simple refuse to talk. You can not be compelled to speak. In court it would be highly unusual to be asked a question by the judge and if you were asked why you refuse to speak you can answer with silence, you can not be compelled to speak or you can simply say I do not want to incriminate myself. Maybe, if your offered absolute immunity you can be compelled but that is almost never going to happen.

I stand by what I criticized you for originally; in America no one can be compelled to cooperate with the police, the fire department, or anyone in between. Yes they can ask you but you do not have to answer.

1315 days ago
62.

elle    

By the way her story COMPLETELY changed overnight, I'd say it's pretty obvious the woman was paid to keep her mouth shut. What a piece of trash.

1315 days ago
63.

ernie    

Choices... choices ... choices ... we all make choices and then live with the consquences.

The first choice Lohan made was to go to the Betty Ford Ripoff Center.... everything after that was downhill.

Conquences? You betcha.

1315 days ago
64.

LA Native    

Read between the lines and riddle me this: Why does Holland have a Beverly Hills attorney when she lives in the Coachella Valley? I find that quite odd. I wonder how THAT happened?

1315 days ago
65.

Tammy    

Read between the lines and riddle me this: Why does Holland have a Beverly Hills attorney when she lives in the Coachella Valley? I find that quite odd. I wonder how THAT happened?

Posted at 4:02 PM on Jan 13, 2011 by LA Native

THAT'S a d_a_m_n good point!! I think the answer is b/c Lohan an/or BF is paying his bills.

1315 days ago
66.

marknyc    

OK OK .. OOOKKKK I get it! now if you promise to go after the real criminals right after this then you can play this little Lindsay game and all that.
but you have to promise that you will go after the real criminals , and eat your vegetables every day. ahhh kids...

1315 days ago
67.

Bruno    

Geez, her lawyer is a dumb azz. The right to counsel only applies if you are a suspect. If you are a witness or the victim it doesn't apply.

1315 days ago
68.

Spot    

@ 61 Jack Peter

The police contaminated the evidence when she was busted and that's why they could not charge her. They threw the coke in a trash can then retrieved it later.

If she sang then why was she never called as a witness for anyone she squealed on? And, exactly what did she sing about?

1315 days ago
69.

janet    

Holland being paid off was my first thought...she changed her mind very quickly.

1315 days ago
70.

Mike    

Spot,

There's a difference between "cooperating" and "talking". Yes, the police or any duly-authorized government entity can force you (within limitations) to cooperate to a certain degree. For example, if the police tell you to pull over you have to do so or risk charges of obstruction and/or evasion. If a Fire Marshall tells you that a room exceeds its occupational limits, they can compel you to make people leave or risk a citation. They can't make you talk though. However, not talking is likely to make them suspicious of your intent so they're more likely to investigate even deeper hoping they'll turn up something.

1315 days ago
71.

Nicole     

@Jack Peter
Are you high ?
Lindsay got lucky on the Santa Monia bust. Thanks to the evidence being contaminated the coke was only 0.2g for the 2nd DUI and for the first it was 0.4g. Both under the felony possession amount of 0.5g.

@Ernie
Lindsay had the choice of jail or rehab and she picked rehab for the 3rd time to stay out of jail.

1315 days ago
72.

Spot    

@ 75 Mike

Your right about cooperating no argument. But this is the police and investigators returning to the same people over and over again asking them to answer questions about an incident. If you consistently reply "I don't want to talk to you" then it begins to look like a witch hunt and at some point it becomes harassment and or badgering.

They have questioned the guy who was there 3 times, and Ms. Holland more than once. At what point do these people have the right to complain or charge the police with harassment?

This is a simple contemplated charge of battery, a misdemeanor with very questionable injury. The police are putting a huge amount of effort into this, more than they do into far more serious crimes. Why ???

1315 days ago
73.

emerald    

@ 75 Mike

Your right about cooperating no argument. But this is the police and investigators returning to the same people over and over again asking them to answer questions about an incident. If you consistently reply "I don't want to talk to you" then it begins to look like a witch hunt and at some point it becomes harassment and or badgering.

They have questioned the guy who was there 3 times, and Ms. Holland more than once. At what point do these people have the right to complain or charge the police with harassment?

This is a simple contemplated charge of battery, a misdemeanor with very questionable injury. The police are putting a huge amount of effort into this, more than they do into far more serious crimes. Why ???

Posted at 5:33 PM on Jan 13, 2011 by Spot

Exactly! Once, a person has invoked the right to speak to the law only through their attorney then any attempt to breech that means any evidence gained or testimony can't be used in a prosecution! While I'm no LiLo fan and I'm not sure I believe the alleged victim either, you can't usurp the victim's right not to press charges or to withdraw charges! The victim and LiLo both can take the 5th if they wanted to on the stand and refuse to testify!
That's a lot of cops time, money and effort put into a case where there's no hope of a prosecution that will result in anything other than a lot of press coverage bad mouthing LiLo hm?!
I'm not saying cases shouldn't be investigated but really, what are they looking to do prosecute the alleged victim for wasting police time? Get this woman to re-instate the charges against LiLo? If so why, or do they just want to be able to add another charge to LiLo's DUI's list so that if she's arrested again they can make her do jail time?
Suspicious is becoming the in word in Hollywood these days lol!!

1315 days ago
74.

Joseph    

The cops are no dout out to get LiLo. Why? Maybe couse she is a celeb. Maybe couse she is a adddict. Maybe couse she is on probation and they have a issue with anyone who had broken the law. But in the end, they are out to in any way they can, get Lilo... But here is the one thing i have a issue with in this story. As a persoon does have the right to counsel, who should be responsable in the end to notify the lawyer? The police or the defedant/witness?

1315 days ago
75.

SandraD    

A

1315 days ago
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