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Lindsay Lohan Police Report: Surveillance Video and a Fuzzy Memory

Is Lindsay Lohan a thief or an absent-minded and/or confused shopper?
/ Source: E!online

Is Lindsay Lohan a thief or an absent-minded and/or confused shopper?

That may well be for a jury to decide, in case a plea deal doesn't happen, but the Los Angeles Police Department's report on the incident suggests that Lohan's version of events isn't the only one with question marks after it.

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First up, the report--which the LAPD hasn't released but apparently is magically "out there" now and has been obtained by TMZ--lists a prior incident cited by the owner of Venice's Kamofie &Company that allegedly occurred four days prior to Lohan leaving the store with the necklace.

According to investigators, she says that Lohan was perusing the goods and almost walked out with one 18-karat white gold and diamond earring still in her ear, "her hair flipped to one side covering" the earring.

"[The clerk] stopped her and reminded Ms. Lohan she was still wearing the earring," the report states. "Ms. Lohan laughed, admitted to her mistake and removed the earring from her ear and returned it to [the clerk]."

This would appear to be a good thing for the defense, as it could be perceived as an example of a pattern of harmless, if careless, behavior.

And Lohan's attorney, Shawn Chapman Holley, would surely like to go into court with guns blazing.

She told CNN today that, while she might consider a plea deal for her client because she's also facing punishment for probation violation, but that Lohan is defensible either way.

"Ms. Lohan maintains her innocence, and now that I've seen the police reports, I believe the case is entirely defensible," Holley said. "Having said that, we will entertain a discussion concerning a plea if it means no jail so that she can move forward with her recovery and her career."

Per the report, Kamofie &Company's owner first told police that Lohan had been in three times before to look at the same necklace. At a different time, she revised her story to say that Lohan had actually showed interest in a ring.

On Jan. 22, the day of the necklace incident, Lohan offered $3,000 in cash for the ring, which was priced at $3,600, then said she'd be back the following day after the clerk refused, the report states.

The owner also told police that she had seen on surveillance footage Lohan removing the necklace and slipping it into her black Chanel bag. Upon a second viewing on another monitor, she apparently saw things differently, telling the cops that Lohan actually walked out of the store wearing the necklace.

She said that she figured Lohan had made a mistake and would bring the necklace back the following day, but Lohan didn't come back.

The report was first taken Jan. 23, the day after Lohan walked off with the piece, with the updates from the owner coming on Jan. 24.

Lohan is due back in court Feb. 23 for a probation-violation hearing, as well as to discuss the possibility of a deal.

WATCH: Lindsay pleads not guilty