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Lindsay's Jeweler -- Her Friend Was a Decoy

4/22/2011 4:20 PM PDT BY TMZ STAFF

The owner of the L.A. jewelry store testified today ... Lindsay Lohan and a friend played a shell game when they entered her store back in January, distracting her in order to steal a $2,500 necklace.

0422_prelim_court_in_recess

It all went down this morning during Lindsay's preliminary hearing in her felony grand theft case -- Kamofie & Co. owner Sofia Kaman took the stand ... claiming Lindsay's friend, Patrick, distracted her by asking lots of questions about stones, cuts, etc., while Lindsay was trying on the necklace at the center of the case.

Sofia claims Patrick kept the distraction going while Lindsay allegedly covered up the necklace by putting her own jewelry over it ... and then made a beeline for the door.

Shawn Holley then got up and grilled Kaman about selling the surveillance tape for $25,000.  Kaman fired back ... she didn't get a dime.

Judge Sautner will examine the necklace in question.

Court is in recess for lunch, but here's what we think will go down.  The judge will probably reduce the charge to a misdemeanor, on grounds it's not really a serious, felony offense.  Then the judge, we think, will order Lindsay to stand trial.

We also believe Judge Sautner will violate Lindsay's probation, but the likelihood is ... any decision on sending her to jail will be deferred until a verdict in the trial is reached.

The hearing set to start back at 1:30 PM PT -- STAY TUNED FOR MORE LIVE UPDATES.


64 COMMENTS

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31.

jack-55d79    

I suppose all of this will overrun TMZ Live, but I'd like to know:

If this goes in favour of LL will it set a precedent, or is each 17(b) invocation judged individually (i.e. on its own merits rather than previous precedents)?

Will this affect other cases? Or is it considered a 'wobbler'?

1191 days ago
32.

Sultry    

not really a serious crime... if it were the only crime in her story. the fact is that it is still A crime and she is a criminal.
if a felon gets a third strike by stealing a slice of pizza is that felon would that felon not go to prison under the 3 strikes law.
bottom line... stay out of trouble while on probation or parole. i manage to do it and i am not on either. millions of law abiding citizens manage to go their entire life without stealing a slice of pizza or walking out of a shop with their jewelry on.
C'Mon! when will she learn. how will she learn. woo is not her!

1191 days ago
33.

becky    

I think TMZ is smoking some of that pot at the pot shop there in LA... A top attorney who is in the court room listening for a media station said that you are being fooled if you believe that the price sold to the store will come into play... yes, her attorney could throw it out there but the Judge will not bite because it is the call of the store as to the price of their merchandise.

1191 days ago
34.

SiouxCityBoy    

Normal jewelery markup in discount houses, and locations such as WalMart and K-Mart is as follows:
Cost divided by 4 = x then x times 10 for the retail price.

In locations where there is added demand/value because of the store location or store name then the multiple s ofter 40 times x (above) to reach a retail price.

That $800-$900 wholesale priced necklace is easily priced at over $2,200 retail even in a discount store.

Sadly, pretty as she is, Lindsay is a messed up chick that needs to go to jail for a year or so. Lane Garrison did his time, full term, Lindsay should do hers.

1191 days ago
35.

Ronald RayGun    

"The judge will probably reduce the charge to a misdemeanor, on grounds it's not really a serious, felony offense. Then the judge, we think, will order Lindsay to stand trial."

Thank you Harvey for your most knowledgeable and valuable opinion. You have been so right about this case since the very start! You have always been 100% correct with each prediction you make with each step of the process - extreme sarcasm!

1191 days ago
36.

D    

So they will violate her regarding her probation, but not do anything about it. Why even have it then?

1191 days ago
37.

Get Real    

Are you kidding me, TMZ? You REALLY think the judge will reduce the charge because the unknown, manufacturer-to-retail-buyer price of the stolen necklace was under the felony theft threshold?

It would be VERY bizarre if the standard for felony theft isn't what the thief knew the value to be-in this case, a couple of thousand dollars-but what the WHOLESALE price was.

If the judge indeed does this I guess we'll really know how "tough" she is. And btw-when has a judge in any of these cases been described as "lenient" or "soft"? They're ALWAYS called "no-nonsense". Sure...

1191 days ago
38.

arnie    

There was NO agreement that LL bring the necklace back the next day, she had told the owner she'd be back the following day to buy a ring thus the owner did not call police right away, to give LL the benefit of the doubt.

But LL didn't return the necklace so the owner had no choice but to call police. And then LL returns the necklace to a police station instead of the store?? Consciousness of guilt. Done. Guilty.

1191 days ago
39.

susan    

If Patrick was acting as a decoy, then why didn't the police charge him?

We've all seen the video, the decoy theory doesn't hold up and the necklace was in full view at all times. I hope this goes to trial then we will hear from everyone.

1191 days ago
40.

stevo    

Easy To Be Hard

How can people be so heartless
How can people be so cruel
Easy to be hard, easy to be cold

How can people have no feelings
How can they ignore their friends
Easy to be proud, easy to say no

Especially people who care about strangers
Who care about evil and social injustice
Do you only care about bleeding crowd
How about a needing friend, I need a friend

1191 days ago
41.

Italia    

TO: mousetrap who wrote: “I think the charges may get dropped altogether. I didn't realize the store talked with her right after she left and an agreement was made for her to return the necklace the next day.”

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

That’s not how it went down. Radaronline reports that Lindsay told the saleslady before she left the store that she (Lindsay) would be back the next day to buy the ring. 10 minutes after Lindsay left, the saleslady realized the necklace was missing. So the saleslady waited to see if Lindsay would come back the next day for the ring, and at that time bring the necklace back with her, but when Lindsay didn’t show up, that’s when she called the cops.

1191 days ago
42.

Cherie    

I'm confused...I thought Lindsay was going to court on April 25th?

And does anybody else here think that there's something fishy going on?? What the HELL is this Sofia lady talking about?!?!

Ya know...If it's decided that the charge gets reduced to a misdemeanor--I won't be surprised...I had a feeling that such might be the case...Shawn Holley is like a miracle worker when it comes to getting Lilo off the hook...

That's California-Celebrity Justice for ya eh??

PFFFFT.

1191 days ago
43.

Cherie    

Excerpt from Susan's comment:

"If Patrick was acting as a decoy, then why didn't the police charge him?"

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Ya know that's a great and very valid point!

1191 days ago
44.

Italia    

TO: Squirtle who wrote: “… Is this for real? Are you kidding me! You guys are not Law! Get over it! You are just a stupid celebrity gossip website! Not CIA, FBI, NSA, NASA, just a simple website…”

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

Squirtle, Harvey is a lawyer, he knows what he’s talking about, but you ARE right about one thing, right now he’s just guessing, but it is an “educated” guess (pun intended).

1191 days ago
45.

Glenda     

If Sofia was really doing her job, no one could distract her or anyone else that was an employee from their job if they truly want to protect their merchandise. Do they have a door they lock when someones there during after hours ?. If so they should have done a scan of Lindsay and the merchandise before letting her leave the store. Definitely someones at fault just as much as Lindsay. Letting her leave before she's had the once over for their merchandise is on them as well.

1191 days ago
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