Los Angeles DA Grandstands with Lindsay Lohan

by John M. Curtis
(310) 204-8700

Copyright February 10, 2011
All Rights Reserved.                               

                Los Angeles District Atty. Steve Cooley--still stinging from his Nov. 2 loss to San Francisco DA Kamala Harris for state attorney general-- grandstands again, charging the 24-year-old 2004 “Mean Girls” star Lindsay Lohan with felony grand theft for allegedly stealing a $2,500 necklace.  Police reports filed by the owner of Venice Beach Kamofie & Co. Jewelry on Abbot Kinney Blvd indicate that the former Mouseketeer pilfered Jan. 22 a “one-of-a-kind” gold necklace with semiprecious stones.  When media reports circulated about the theft, a friend of the actress dropped off the missing necklace at LAPD’s Venice Pacific Division station.  Police reports also indicate an in-store surveillance video confirmed Lindsay wearing the necklace in the store before eventually leaving the premises.  On Jan. 3 Lohan was released from three-months of rehab at Betty Ford Center in Rancho Mirage Calif.

            Wearing a tight-fitting knit short dress, Lohan gave the Paparazzi more than they bargained for appearing Feb. 9 before Los Angeles Superior Court Judge Keith Schwartz.  Charged with felony grand theft for “stealing” the necklace, despite returning the item to the Pacific Division days earlier.  While there are Paparazzi photos showing Lindsay wearing the necklace, it doesn’t automatically follow that the troubled actress stole the item.  “You’re no different than anyone else, so please don’t push your luck,” said Judge Schwartz, showing the kind of bias making a fair hearing impossible.  “If you violate the law, I will remand you and set no bail, and your attorney won’t be successful,” showing extreme judicial misconduct.  Defendants—celebrities or not—don’t deserve threats and judicial abuse by over-zealous jurists.  It’s not appropriate for judges or prosecutors to threaten criminal defendants.

            After Schwartz’s tongue-lashing, the starlet was booked at the courthouse, complicating her ongoing probation stemming from drug charges following a 2007 DUI.  While she was in three-months of rehab, Lindsay was accused of assaulting a nursing assistant at Betty Ford Center in Riverside County.  Given her three-month court-ordered rehab by Los Angeles Superior Court Judge Elden S. Fox, you’d think Schwartz would show some restraint about threatening to lock up the actress and throw away the key.  “A good probationer doesn’t pick up a news case,” said Deputy DA Danette Meyers, showing how celebrities get biased treatment.  Contrary to popular belief, celebrities don’t get treated with kid gloves:  They get the book thrown at them.  Pending allegations don’t necessarily mean convictions, requiring judges and prosecutors to refrain grandstanding and incendiary rhetoric.  

            Whatever happened on Jan. 22, the judicial system must not rush to judgment, especially seasoned prosecutors and jurists.  “We vehemently deny these allegations,” said Lohan’s Attorney Shawn Chapman Holley,” hinting that the item’s removal from Kamofie & Co. was inadvertent, accidental and unintentional.  Storeowner Geoff Kaman and his wife expressed regrets about the prospects of Lindsay going to jail.  While cooperating with the LAPD, both said they “are extremely sad on how all of this has turned out,” hinting they’d like to see the charges dropped.  Instead of listening to Kaman, the LAPD and DA continue to press charges without the victim’s consent.  Riverside County prosecutors, weighing a misdemeanor assault case, also won’t listen to the alleged victim, asking to drop the charges.  Since O.J. Simpson’s acquittal Oct. 5, 1995, celebrities haven’t been given a fair shake.

            Instead of wasting taxpayers’ money, the DA should plea bargain cases that have no public safety value to Los Angeles residents.  When crime victims don’t wish to prosecute, the DA should listen and stop wasting the county’s precious resources.  Lindsay’s no angel but the actress doesn’t need to steal a so-called “one-of-a-kind” $2,500 necklace, whose real value is more likely $500.  Instead of playing the gotcha game with celebrities, the DA should heed the victims’ wishes and not prosecute.  Unlike lay people, celebrities like Lohan have a big target on their back.  Looking at recent celebrity cases, like Paris Hilton’s Jan. 22, 2007 DUI conviction where she served 23 days in jail, they receive inappropriately harsh sentences from prosecutors and judges seeking publicity.  Lindsay’s new case shows the cravings for publicity and fame still affects celebrity justice.

            Superior Court Judge Keith Schwartz must recuse himself from Lindsay’s case after demonstrating extreme prejudice.  No judge or prosecutor should lecture or threaten criminal defendants, no matter what their celebrity.  Threatening to revoke bail or commenting about her lawyer’s success or failure, goes beyond anything anyone wants to see in the U.S. justice system.  As long as victims wish to have charges dropped, that should be good enough for police and prosecutors.  Celebrities, like Lohan, have to take some responsibility for serving as the agents of their own destruction.  Brief compulsory stints in rehab aren’t enough to reverse self-destructive patterns requiring more ongoing psychotherapy.  No celebrity should be singled out as examples or for more punishment simply because they’re in the limelight:  Police, prosecutors and judges should all pay better attention.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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