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Lindsay Lohan

Scores Rehab Victory ... Maybe

5/2/2013 7:59 AM PDT BY TMZ STAFF
breaking news

0502-tmz-judge-dabney-merk-hellerLindsay Lohan may have gotten away with it again ... she checked into a rehab facility that was NEVER approved by prosecutors and the judge seems like he's down with the change.

TMZ broke the story ... Lindsay checked into Morningside Recovery this morning in Newport Beach.  As we previously reported ... prosecutors and Lindsay's lawyer, Mark Heller -- who wore a tie that could itself be a felony -- had agreed she would enroll in Seafield Center in Westhampton Beach, NY.  Heller never gave prosecutors a heads-up that Lindsay was flying to CA last night to enroll in Morningside.

As we reported, Lindsay made the change because Seafield wouldn't let her smoke at the facility ... but smoking was permitted at Morningside. 

A furious prosecutor -- Santa Monica City Attorney Terry White -- clearly felt blindsided by the change, saying he learned about it from the media yesterday.  White also expressed misgivings about Morningside, saying he found 3 articles "condemning" the facility.

050213_lohan_prosecutor_launch
As for what prosecutor White was talking about ... in 2012 State investigators suspended Morningside's license for allegedly being careless with prescription drugs.  And at least 9 families of patients reportedly sued the facility for failing to deliver treatment.  At the time, a State official called Morningside, "a substantial threat" to the health and safety of the public.

But Judge Jim Dabney looked at some of the paperwork about Morningside and said on its face it seemed like the rehab joint was acceptable, but he's giving prosecutors a week from Friday to investigate.

For now, Lindsay will stay at Morningside -- where she can smoke as many cigarettes as she wants.

494 COMMENTS

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211.

Sonja    

It sounds like the DA is not buying any of it, and hopefully they will submit the paperwork not approving where she is. Sounds like they already have reports on the place and really will dig for the dirt. Heller is such a car salesman.. sheesh. It would be nice though it they did NOT count any of her time at this place if the place is not approved and she has to start the 90 days over again.

436 days ago
212.

MiMi    

Lynnocent !!!!!!!!!

436 days ago
213.

the artist formerly known as hand turkey    

Wha? But I thought the judge was gonna be pissed.....

436 days ago
214.

Bob    

The prosecutor is clearly not satisfied with the facility since he's requesting a hearing as soon as possible to discuss a change in facility even though the just has given him a week to evaluate it. He's also clearly opposed to keeping her there a longer than she needs to be.

436 days ago
215.

cabuchholz73    

Is it just me or was Lohan's lawyer asking questions of the judge, that he should already know? Like does Lohan have to be there, does he have to come back. Does he not know those answers, being a lawyer and all.

436 days ago
216.

Julie    

Shameful. Attorney Heller was disrespectful to the judge and opposing counsel (interrupting, talking over) and the judge allowed it. The inmates truly are in charge in southern California.

436 days ago
217.

bearforce1    

Mark Heller is the worst advocate I have ever heard speak. He is just woeful.

436 days ago
218.

Its Nikki Bitches    

Dont get to comfy Linds. Mr. White is going to move your ass !!!

436 days ago
219.

Brian    

She will never make it the full 90 days, she will leave before her time is up.

436 days ago
220.

hugh    

If she was this desperate to smoke in rehab then she's a lost cause. She'll never get sober because she thinks she's entitled to do whatever she wants whenever she wants.

436 days ago
221.

Jackie    

Morningside Recovery lost it's operating license late last year. Lots of problems with that place. They aren't supposed to treat inpatients. This is the current list of suspended and revoked programs: http://www.adp.state.ca.us/Licensing/pdf/Suspended_and_Revoked_Programs.pdf

436 days ago
222.

Warren    

Tobacco should be a Schedule 1 drug not Marijuana.

Oh, but the Tobacco and Medical Industry earns a lot of $$$$ from tobacco so the government doesn't care since it is a personal choice to consume tobacco.

436 days ago
223.

Celinedionfan    

Yeah the judge sends her to jail,but with the over crowding of California jails, won't she just be booked and released? I'm so sick of this dumb chick

436 days ago
224.

HannahF    

We learned one thing today. While the judge may not be angry, the prosecutors are PISSED OFF!! You could hear it in Terry White's voice

436 days ago
225.

hank hill    

bitch can plan to start robbing banks after she gets out . no worries.

436 days ago
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