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Video: Lindsay Lohan sentenced to jail — again

  1. Transcript of: Lindsay Lohan sentenced to jail — again

    AMY ROBACH, co-host: We begin with the bad news for Lindsay Lohan , who is free on bail this morning after being ordered back to jail yet again. Here's NBC's Lee Cowan.

    LEE COWAN reporting: Lindsay Lohan arrives in court, only to leave shortly thereafter in handcuffs, which in turn ends with her being set free on bail.

    It's become an odd, almost predictable routine: She's been very cooperative. She always is. She's been cooperative.

    Mr. STEVE WHITMORE (Los Angeles County Sheriff Spokesman): It all happened again Friday when, for a fourth time, Lohan was sentenced to jail time, 120 days, plus nearly 500 hours of community service , all for violating her parole. How? By being accused of stealing this necklace, one she was photographed wearing after it went missing from a jewelry store. Guilty or not, just the hint of a crime was enough to set the judge off.

    COWAN: I believe that she's sending a message telling her that, 'I think you're guilty. I think you committed this crime.'

    Mr. JOHN MANUELIAN (Attorney): Surveillance tape shows Lohan at a Venice jewelry store in January trying on various items and then walking out, apparently still wearing the necklace the store valued at $2500.

    COWAN: The process has already begun to get her out.

    Unidentified Woman: Lohan and her longtime attorney insist it was an honest mistake.

    COWAN: Yes, your honor.

    Ms. LINDSAY LOHAN: Not a crime.

    COWAN: Even though Lindsay 's attorney tried to persuade the judge that it was all a big misunderstanding, the judge was not persuaded, was very skeptical.

    Mr. KEN BAKER (E! News): At Friday's hearing, testimony from both the jewelry store owner as well as LAPD detectives convinced the judge that there was enough evidence to send Lindsay to trial for theft. But here's where it gets sticky. Instead of the felony charge prosecutors had hoped for, the judge reduced the charge to just a misdemeanor.

    COWAN: Some people will say this is celebrity justice at work because, once again, the legal system cuts a big break for Lindsay Lohan .

    Mr. ROYAL OAKS (Attorney): And to some extent, the district attorney agreed.

    COWAN: She is not taking this seriously. And I 've tried to impart that to four judges. And obviously they feel a different way.

    Ms. DANETTE MEYES (Deputy District Attorney): Lohan 's trial date is set for June 3rd . In the meantime, she'll have those 480 hours of community service to contend with, which the judge ordered she serve at a women's shelter and a morgue. For TODAY, Lee Cowan, NBC News, Los Angeles .

    COWAN: And so the saga goes on for Lindsay . Paul Callan is a criminal defense attorney and former prosecutor. Paul , good morning.

    ROBACH: Good morning.

    Mr. PAUL CALLAN (Defense Attorney): We'll start with the good news for Lindsay in that the judge did take her felony charge down to a misdemeanor. How big of a break was that for her, given her history, especially?

    ROBACH: Well, it's actually very, very good news. Because if this were prosecuted as a felony, she was facing as much as three years in prison. This now reduces it to a misdemeanor, which means the maximum jail sentence is one year and, in reality, people rarely do as much as one year in a misdemeanor case. Although in Lindsay Lohan 's case, who knows. She could be facing jail even on the misdemeanor charge.

    Mr. CALLAN: Yeah...

    ROBACH: But it was a break for her.

    Mr. CALLAN: Right. Because given what the prosecution presented, the judge said it was enough to show that Lindsay violated her parole. Is the judge sending a message about Lindsay 's guilt or innocence here?

    ROBACH: Well, the judge is. And I -- it -- there are a lot of messages being sent here, Amy . And I have to say, it's a confusing situation because there were really two things going on. The judge, number one, was looking at the theft case and saying, 'Well, I think that necklace is worth less than $1,000. So it's really a misdemeanor case, it's not a felony case.' But the judge was also saying, 'When I look at the evidence in that case, it's clear to me that she probably did steal the necklace.'

    Mr. CALLAN: Mm-hmm.

    ROBACH: And she therefore violated her probation and her parole from the prior DUI case that she was out on. And that's why the judge ultimately put her in jail because of the violation of parole.

    Mr. CALLAN: A hundred and twenty days in jail. And then also fairly significant amounts of community service . Does that punishment fit the crime?

    ROBACH: I think under the circumstances it does. She's got a -- she's got a record of at least two prior convictions with DUI problems. And -- but there's a bigger thing going on here I think we have to be conscious of. The judge commented on her disrespect for the court...

    Mr. CALLAN: Mm-hmm.

    ROBACH: ...her flouting of authority. She showed up in court with F-U put on her fingernails. And the other thing I just have to throw into the pot here is, and maybe advice to her agent, if your client's up on criminal charges, maybe not a good idea to get her a part or try to get her a part as a member of the Gambino trial...

    Mr. CALLAN: The Gotti.

    ROBACH: ...crime family.

    Mr. CALLAN: Right.

    ROBACH: She's trying to get a part, you know, playing a member of the Gambinos .

    Mr. CALLAN: Right.

    ROBACH: And by the way, John -- you know, John Gotti , who she was at a press conference with, is a convicted felon. Usually you go to prison when you consort.

    Mr. CALLAN: Maybe she's just studying up for her role. You never know.

    ROBACH: Well, she's going to get a lot of experience in prison, I think, if she keeps behaving this way. And reacting this way in court, very, very foolish of her. She probably would not have gone to prison had she treated the court and the system with respect.

    Mr. CALLAN: All right, Paul Callan , thank you very much . We appreciate it.

    ROBACH:

Image: Lindsay Lohan
Phil Mccarten  /  Reuters
Lindsay Lohan was ordered to stand trial in June over her alleged theft of a $2,500 necklace.
By
updated 4/23/2011 3:43:35 PM ET 2011-04-23T19:43:35

Lindsay Lohan was released from a Los Angeles County jail Friday night, just hours after she was sentenced to 120 days for violating her probation by taking a designer necklace.

It was a deja vu day for the starlet, who was admonished by a judge — the fourth she's faced in nearly a year — who said she thought the actress had intentionally taken the $2,500 necklace from an upscale Venice store and shown poor judgment in not trying to return it until police became involved.

But by reducing the actress' charge from felony grand theft to a misdemeanor, Los Angeles Superior Court Judge Stephanie Sautner may have set in motion what has become a familiar cycle for Lohan — being sent to jail only to have the sentence cut short due to jail overcrowding.

Lohan's attorney Shawn Holley filed a notice of appeal right before court closed, clearing the way for the actress' release on bail.

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She was freed at 9:21 p.m. after posting $75,000 bail, according to the sheriff department's website.

Slideshow: Lindsay Lohan (on this page)

Deputy District Attorney Danette Meyers, who presented four witnesses who described Lohan's conduct in the jewelry store and with the necklace, said her office would consider appealing the ruling as well. "We believe there was a clear abuse of discretion," she said.

Sautner agreed with Meyers that Lohan showed intent to keep the necklace, and said that she thought Lohan's conduct probably warranted a felony.

"I see the intent here," Sautner said. "I see a level of brazenness with, 'Let me see what I can get away with here.'"

But the judge said felony grand theft cases involving higher-valued goods are often reduced to the misdemeanor level and thought it was appropriate in Lohan's case.

"I'm going to give her an opportunity," the judge said.

Lindsay's latest court outfit: conservative!

She also said she hoped to give the "Mean Girls" and "Freaky Friday" star a dose of perspective by sentencing her to almost 500 hours of community service, including time at the county morgue and 300 hours at a women's shelter.

Lohan did not visibly react to the sentence. She cried earlier in the day when Holley told Sautner that Lohan had been punished enough, and recounted the treatment programs the actress has completed since her first arrest for drunken driving in 2007.

Her father, Michael Lohan, put his hands over his face at times Friday and bolted from the courtroom after his daughter was led away by sheriff's personnel.

It was the fourth time Lohan has been sentenced to jail, although two of the trips amounted to a few hours. Last summer, she spent 14 days in jail on a 90 day sentence.

The actress did not address the court during Friday's hearing, but frequently conferred with Holley and shook her head when witnesses described some of her actions inside the jewelry store, Kamofie & Co.

Lohan has been a courthouse fixture since last May when she missed a hearing in her drunken driving case. Since then, two judges have sent her to jail twice and rehab, also twice.

She rejected two plea offers to end the necklace case early, including one in which Meyers was seeking six months in jails, the prosecutor said Friday.

Meyers' witnesses included two police officers who handled the stolen necklace case, including one who received it from Lohan's assistant after detectives obtained a search warrant — which was never served — to retrieve it from the actress' home. The investigative detective also testified that she verified the actress wore the necklace days after it was taken and was photographed with it by paparazzi.

Interactive: Ups and downs of Lindsay Lohan (on this page)

Lohan made three visits within a week to the jewelry store that accused her of stealing the necklace but never purchased anything before leaving with the item, Sofia Kaman, the shop's owner, testified.

Kaman said she waited a day to report the necklace stolen because Lohan had told her she would return the next day to purchase a ring. The actress never returned. The first time Kaman saw Lohan since the Jan. 22 store visit was Friday.

Kaman says she did not have any agreement with Lohan allowing her to leave the store with the necklace.

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Lohan was wearing two of her own necklaces when entered the store, and she wore both pieces to court on Friday, taking them off at one point while her attorney cross-examined Kaman.

Holley showed Kaman the necklaces and questioned her about why she didn't notice the actress was still wearing the store's necklace, even though Lohan's neck — and by Holley's description, cleavage — were clearly visible.

"I wasn't looking at her chest," Kaman said. "I was looking at her face."

It is unclear what effect the sentence may have on Lohan's next acting role. Producers of the film "Gotti: Three Generations" announced on Wednesday that Lohan had been cast to play the wife of John Gotti Jr. in the film.

Lohan lands new role in Gotti film

She told The Associated Press afterward she didn't think her court case would affect her work.

"I think in the past, I had a lot of distractions," she said. "I've learned a lot. I've lived a lot. When I'm on set, it's about the film."

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos: Lindsay Lohan

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  1. Yawning gap

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  2. Two of a kind

    Lohan and friend and occasional benefactor Charlie Sheen walk down the red carpet at the premiere of "Scary Movie 5" in Hollywood on April 11, 2013. (Michael Buckner / Getty Images) Back to slideshow navigation
  3. Talking it out

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  4. Getting mugged

    Lohan, in mug shots, through the years: From top, left to right: July 24, 2007, Nov. 15, 2007, July 20, 2010; bottom left to right: Sept. 24, 2010, Oct. 19, 2011 and March 19, 2013. (Handout / Reuters) Back to slideshow navigation
  5. Here comes the judge

    Lohan and her attorney Mark Heller appeared at an L.A. Superior Court hearing on March 18, 2013 to determine whether she would go back to jail or could avert a trial based on charges that she lied to police over a June 2012 car crash. She accepted a plea deal that sent her to rehab for 90 days. (Reed Saxon / Pool via Getty Images) Back to slideshow navigation
  6. Feeling charitable

    Lohan attends amFAR's New york Gala on Feb. 6, 2013 in a borrowed $1,750 Theia gown that becomes damaged at some point in the evening, and is returned as a mini-dress. (Stephen Lovekin / Getty Images) Back to slideshow navigation
  7. New lawyer, same fight

    Lohan appears in Los Angeles Suoperior Court with her new attorney Mark Heller, left, for a pretrial hearing, on Jan. 30, 2013, in a case filed over the actress' June 2012 car crash. Lohan faces three misdemeanor charges and a return to jail if convicted in the case or if a judge finds she violated her probation. (David Mcnew / AP) Back to slideshow navigation
  8. Duck and cover

    Lohan covers her face with a coat as she leaves the 10th precinct in New York after being arrested on an assault charge in the early morning of Nov. 29, 2012. Lohan allegedly punched a woman at Club Avenue in the city's Chelsea neighborhood. (INFphoto.com) Back to slideshow navigation
  9. A scarlet Liz

    Lohan arrives for a private dinner celebrating the premiere of her Lifetime original movie "Liz & Dick" at the Beverly Hills Hotel on Nov. 20, 2012. Lohan stars in the film as Elizabeth Taylor. (Jason Redmond / Reuters) Back to slideshow navigation
  10. Oh, the paparazzi

    Lohan portrays actress Elizabeth Taylor in the Lifetime film "Liz & Dick" The TV movie recounts the scandalous and tumultuous romance between Taylor and British actor Richard Burton in the 1960s and '70s. (Lifetime via Reuters) Back to slideshow navigation
  11. Live, from New York!

    Lohan, center with black shorts, stars in a "Saturday Night Live" skit with actors Kristen Wiig, Andy Samberg, Abby Elliott, Fred Armisen, Jason Sudeikis and Bill Hader on March 3, 2012. (NBC) Back to slideshow navigation
  12. No more court

    Lohan arrives for her latest probation hearing in Los Angeles on March 29, 2012. The actress was placed on informal probation for the remainder of her 2011 jewelry theft conviction after Judge Stephanie Sautner found she has completed all of her required community service and psychotherapy sessions for her 2007 DUI conviction and probation violations. (Toby Canham / Getty Images) Back to slideshow navigation
  13. Another step toward freedom

    Lohan leaves the Airport Courthouse after her probation update hearing in Los Angeles on Feb. 22, 2012. The actress, 25, received a glowing report from Los Angeles Superior Court Judge Stephanie Sautner and she is one court appearance away from putting her 2007 drunken driving case behind her. (Kevork Djansezian / Getty Images) Back to slideshow navigation
  14. A quick visit

    Lohan leaves the Airport Courthouse after a probation progress hearing in Los Angeles on Jan. 17, 2012. The actress received another positive report and was dismissed by the judge in no time. (Michael Nelson / EPA) Back to slideshow navigation
  15. No award, just a party

    Lohan arrives at The Weinstein Company's 2012 Golden Globe Awards after party held at The Beverly Hilton hotel in Beverly Hills, Calif., on Jan. 15, 2012. (Frazer Harrison / Getty Images) Back to slideshow navigation
  16. Post-Playboy fit

    Lohan attends a party hosted by the Weinstein Company and Audi to celebrate awards season at Chateau Marmont in Los Angeles on Jan. 11, 2012. (John Shearer / Getty Images) Back to slideshow navigation
  17. Something to smile about

    Lindsay Lohan is seen arriving for and attending a probation progress report hearing in Los Angeles on Dec. 14, 2011. The hearing lasted less than 10 minutes as a judge told the actress she is doing well under her strict new probation routine of counseling and working at the county morgue. (Getty Images, EPA) Back to slideshow navigation
  18. Confident pose

    Lohan is shown on the cover of the January/February 2012 issue of Playboy Magazine in a photo released Dec. 10, 2011. "Sex and sexuality are a part of nature, and I go along with nature," the "Mean Girls" star says of her in-the-buff photos, which are an homage to the late Marilyn Monroe's own iconic Playboy spread. "Knowing yourself and your body is so important because it gives you confidence, and in life, women need confidence." (Handout / Reuters) Back to slideshow navigation
  19. Sentenced to 30 days

    Lohan, center, arrives for her probation violation hearing at the Airport Courthouse in Los Angeles on Nov. 2, 2011. Judge Stephanie Sautner formally determined that the actress violated terms of her sentence on a theft charge earlier in 2011 and a 2007 drunken driving charge. Lohan was sentenced to 30 days in jail. (Toby Canham / Getty Images) Back to slideshow navigation
  20. Cuffed and taken into custody

    Lohan is led away in handcuffs after her probation progress report hearing at the Airport Courthouse in Los Angeles on Oct. 19, 2011. A judge was not happy with the actress after she was terminated by the Downtown Women's Center for repeatedly failing to appear for court-ordered community service. (Mark Boster / Pool via Getty Images) Back to slideshow navigation
  21. Far from perfect

    Lohan and her attorney Shawn Chapman Holley appear in court during a probation progress report hearing at Airport Branch Courthouse in Los Angeles on Oct. 19, 2011. "We're dealing with someone on probation," said Holley. "Most people on probation don't always do things perfectly." (Mark Boster / Pool via Reuters) Back to slideshow navigation
  22. Smile for the cameras

    Lohan attends the premiere of the video game "Saints Row: The Third" in Los Angeles on Oct. 12, 2011. The actress caught grief the next day from various celebrity media outlets for what appeared to be a lack of dental hygiene. (Valerie Macon / Getty Images) Back to slideshow navigation
  23. Red, white and boo

    Lohan is seen on a photoshoot for designer Philipp Plein at Villa Serbelloni in Bellagio on Lake Como, Italy in September 2011. (Mr Cool/vicinoiorio / Splash News) Back to slideshow navigation
  24. She'll take the work

    Designer Philipp Plein and Lohan attend a news conference to introduce Lindsay as the new face of the Philipp Plein S/S 2012 campaign during Milan Fashion Week Womenswear S/S 2012 on Sept. 24, 2011. (Tullio M. Puglia / Getty Images) Back to slideshow navigation
  25. Plenty of work to do

    Lohan is pictured alongside her attorney during a case review conference in Los Angeles on July 21, 2011. A judge told Lohan she needs to speed up her community service to make sure she meets a deadline to complete 480 hours within a year. Lohan appeared in court to update Superior Court Judge Stephanie Sautner on the progress of her probation in drunken driving and misdemeanor theft cases. (Kevork Djansezian / AP) Back to slideshow navigation
  26. Back in court

    Lohan arrives in court in Los Angeles on June 23, 2011. While serving a home detention sentence, the actress was ordered back to court on an allegation she violated probation by drinking alcohol. (Lucy Nicholson / Reuters) Back to slideshow navigation
  27. No deal

    On March 10, 2011, Lindsay Lohan rejected a plea agreement offered by prosecutors that would have meant a guaranteed return to jail for the actress in her jewelry theft case. She'll return to court in April for a preliminary hearing. (Mario Anzuoni / Reuters) Back to slideshow navigation
  28. Not staying out of spotlight

    Her court adventures aren't keeping Lohan home alone. She joined Jimmy Kimmel live after the Oscars on Feb. 27, 2011 for the comedian's "After the Academy Awards" show on ABC. She appeared in a skit called Hottie Body Humpilates, which mocked exercise infomercials. (ABC) Back to slideshow navigation
  29. Let's make a deal

    Lohan is escorted by Los Angeles County Sheriff's deputies as she arrives for a hearing at Los Angeles Airport Courthouse on Wednesday, Feb. 23, 2011. Some fashion observers criticized her top for being too low-cut for court. (Kevork Djansezian / Getty Images) Back to slideshow navigation
  30. Case of the stolen necklace

    Lohan was arraigned on a felony count of grand theft on Wednesday, Feb. 9, 2011, in Los Angeles. Lohan was charged with allegedly stealing a $2,500 necklace from a jewelry store in Venice, Calif. She entered a plea of not guilty. (Pool / Getty Images) Back to slideshow navigation
  31. All eyes on Lindsay

    Lohan, center, arrives at the Los Angeles Airport Courthouse on Wednesday, Feb. 9 to be arraigned on a felony grand theft charge. Her tight white dress came in for criticism as being inappropriate for court. (Jae C. Hong / AP) Back to slideshow navigation
  32. Rehab until the new year

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  34. Maxim exposure

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  36. Last moments of freedom

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  37. Grand entrance

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  38. Not a kind day in court

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  58. Under arrest

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  59. 'Prairie' girl

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  60. Baring it all

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  61. All grown up

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  62. Big debut

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  63. A whole new Lindsay

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  64. Outgrowing Disney

    Lohan's big role in 2005 was in yet another Disney remake, "Herbie: Fully Loaded." Rumors circulated that Lohan's breasts were digitally reduced to allievate parents' concerns that Lohan looked too mature, but Lohan and the studio denied it. Still, the message was clear: It was time to move into more mature roles. (Walt Disney Pictures via Zuma Press) Back to slideshow navigation
  65. Young Raquel Welch

    Lohan stirred debate early in 2005 with her voluptuous body, which seemed to mature overnight. The actress insists that she has not had any plastic surgery. (Evan Agostini / Getty Images) Back to slideshow navigation
  66. Paparazzi favorite

    Lohan's reputation as a party girl put her into the media spotlight. During that time, she found time to date "That '70s Show's" Wilmer Valderrama. (Chris Polk / AP) Back to slideshow navigation
  67. Getting mean

    "Mean Girls" marked Lohan's first truly starring role. In the film, she plays an outcast who becomes part of an in-crowd and changes in the process. Amanda Seyfried, Rachel McAdams and Lacey Chabert play the other cool girls. (Michael Gibson / AP) Back to slideshow navigation
  68. Teen queen

    As she entered her teen years, Lohan continued remaking Disney kid flicks. This time she took on Jodie Foster's role in a remake of "Freaky Friday." In the 2003 film, she and her mother, played by Jamie Lee Curtis, wake up one morning to find themselves in each other's bodies. (Ron Batzdorff / AP) Back to slideshow navigation
  69. Double trouble

    For her first big-screen role, Lindsay Lohan recreated the Hayley Mills classic, "The Parent Trap." In the 1998 film, Lohan plays twins who try to bring their divorced parents (Dennis Quaid, Natasha Richardson) back together. (Corbis) Back to slideshow navigation
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Timeline: Ups and downs of Lindsay Lohan

Read about everything from her teen success to family woes to the latest scandals.

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