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Lindsay's Lawyer Makes Move to Reduce Charges

4/21/2011 3:05 PM PDT BY TMZ STAFF

Lindsay Lohan's lawyer is now armed and potentially dangerous to the prosecution in her felony grand theft case -- after bringing an expert to the cop shop to appraise the necklace Lindsay allegedly stole.

042111_shawn_holley_video

Shawn Holley just left Parker Center -- the headquarters of the LAPD -- where she brought an appraiser to examine the necklace.  Kamofie & Company set the price of the item at $2,500, but as TMZ first reported, they bought the piece for just $850.

 If the necklace is worth less than $950, the case cannot be filed as a felony but rather as a misdemeanor -- which would be a huge break for Lindsay.

Holley is expected to raise the issue in court Friday, when Lindsay's preliminary hearing is set to begin.


316 COMMENTS

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121.

lou    

Lucky, I'm so sorry about your dog. You must be bummed to have lost him after so long. But 13 is a good old age. It's just a shame that we can't have them with us longer.

1220 days ago
122.

Olivia3100    

A merchant purchases wholesale.
A merchant sells retail.
Lindsay buys/steals retail.
That necklace sound cost $3.95 but Lindsay
walked off with merchandise she thought was worth $2500.

This wholesale versus retail could change the way the
courts charge all thieves.

Allowed to change the $$$ charges makes no sense.
As a store owner I can sell anything I want for whatever
the price. I'm the owner. Customers can decide to buy or steal
but it's at whatever price I set in my store.

Screwy!! If I had a loved one in jail for stealing at retail prices, I'd call the lawyer and file an appeal!!!

California....the world is watching!!

1220 days ago
123.

Jeanie    

Oh no...NOT again!!

This defense will not fly...And if it does--it should be noted on the law books for future theft cases.

So if some John Doe out there steals something from a high-end store, he can go get an estimate from like a pawn shop and take that as "evidence" before the judge...

Pitiful.

1220 days ago
124.

TheBrain    

So the issue is no longer if she stole it or not but how much it's worth.

1220 days ago
125.

Pony Princess    

cda, I think you're missing the point. It doesn't matter what an insurance company would have paid for this item. Simply put, the necklace appears to have been stolen by Lindsay, and since the necklace involved has been given to the police, the jeweler will someday recover the necklace. No reason for an Insurance company to pay out on it. So that's not a factor. Secondly, that assumes that a jeweler has an insurance policy that would cover that necklace being stolen. We don't know that they do. If they don't, and would then be paid nothing if professional jewel thiefs stole it, would you then argue that the value was zero, so no crime should be charged? I don't think anyone would buy that line.
Also you give the example that if a house burns down you get the value of the rebuild. What you get is the value of your insurance policy, which is usually the value of the rebuild. Now if you rebuild the house with that money instead of spending the money on something else, you will get a house that you can probably (if the market is still ok) sell for 500,000.

1220 days ago
126.

Pony Princess    

Lucky 130, I am so sorry you've lost him.

1220 days ago
127.

ketjo    

Good Grief ! folks it's all Ms Holly has to use for a defense !! Her client is guilty as hell and the DA has the pictures(video) to prove it...Other then using the My client wasn't in her right mind cause a alien had taken over her body or something as outragous as that she ain't got a pot to piss in to use as a defense....I feel as sorry as I can for her even if she is a lawyer....take that back some of my past kiddie's in my classes are now big time lawyers in Washington DC...Naaaaa I'm not sorry for her after all.

1220 days ago
128.

Pony Princess    

Also, If SCH wants to present the appraisal at the trial, I think she has to call the appraiser in to the proceedings and not just go by a written appraisal he gives. From what I understand, it's called hearsay if it's just a written appraisal, because the prosecution needs to be able to question the appraiser. Unless both parties stipulate that it's ok.

1220 days ago
129.

Jeanie    

@ TheBrain

EXACTLY!!

It's like Lilo's defense is trying to downplay the issue of theft and now the debate is over how much the necklace is really worth...

It just seems like the defense is grasping at straws...And it's pure HOGWASH.

1220 days ago
130.

janet    

Shawn Holley will make her argument along with an appraiser (matter of opinion).

As always, you don't like the price tag, don't buy it. You don't steal it.

Lohan flat out stole the necklace and got caught, and could't keep the lies stright, Lohan threw everyone she could under the bus to cover her own ass.

Lohan doesn't do paperwork, when it was her version of a loan. It was an associate, No. The hard core blame was on the 'stylist' Lohan never had, and blamed, who took the necklace to the police and not back to the store.

1220 days ago
131.

Jeanie    

No WONDER California's jails are SO overcrowded if this how their justice system operates!

1220 days ago
132.

Chaps    

Lindsays little cookie is toast.

6 months babee!

1220 days ago
133.

MT2    

cda:

To use your example of the real estate market... when a person buys or sells a house, they look at what comparable properties have recently sold for, not what the insurance would pay out. We should be considering the necklace has sold for and is selling for elsewhere.

1220 days ago
134.

Italia    

TO: MT2 who wrote:
"...We should be considering the necklace has sold for and is selling for elsewhere."

^^^^^^^^^^^

Shall we start at the beginning? The necklace was "one of kind" so it is NOT "selling ... elsewhere."

1220 days ago
135.

Italia    

TO: Jeanie who wrote:
“No WONDER California's jails are SO overcrowded if this how their justice system operates!”

^^^^^^^^^^^^^^^^^^

You got that right, and not just California. The United States of America has more people in jail than does any other country in the world.

1220 days ago
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