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Nancy Grace
Lindsay Lohan Arrested Again for DUI, Cocaine Possession
Aired July 24, 2007 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Tonight, breaking news, 21-year-old Hollywood and superstar Lindsay Lohan busted again just two weeks out of a luxury rehab and less than two months after her last arrest. Tonight, Lohan faces at least charges on DUI well over the legal limit and felony cocaine possession, Lohan`s early morning arrest just five days after her last court appearance on DUI and a Beverly Hills hit-and-run crash allegedly involving cocaine. This time, police say the "Herbie Fully Loaded" star actually carried cocaine in her pocket into the jailhouse for her mugshot, the arrest stemming out of charges Lohan in an SUV drunkenly chased another woman who frantically called 911.
What exactly happened in that luxury $48,000-a-month Malibu rehab, complete with 500-threat-count sheets, gourmet meals, smoothie, yoga and an oceanfront view? I want to go there! And good was this contraption Lohan voluntarily wore the last few days to stop her from drinking and drugging? Tonight, we learn Lohan back in rehab. And remember, three strikes and you`re out.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: It is not Lindsay Lohan`s latest high-priced photo shoot, this is her recent mugshot. And boy, is it getting a lot of attention. Police arresting the young star early this morning in Santa Monica, charged her with DUI and cocaine possession.
UNIDENTIFIED MALE: Hey, what`s up? I`m Jeff (ph).
UNIDENTIFIED MALE: I`m Chuck.
UNIDENTIFIED MALE: And I`m (INAUDIBLE) from (INAUDIBLE)
LINDSAY LOHAN: I`m Lindsay Lohan.
UNIDENTIFIED MALE: Telling you please don`t drink and drive.
LOHAN: Be safe.
UNIDENTIFIED MALE: While in the jail, officers found in her possession a small amount of cocaine. She was charged for driving under the influence and for possession of the cocaine. She has since bailed out of the jail and has been released.
(END VIDEO CLIP)
GRACE: Even wearing the ankle monitor with her bikini. OK. Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. Big screen mega-star Lindsay Lohan back in jail.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This morning at 1:35, officers from the Santa Monica Police Department responded to the Civic Auditorium parking lot, which is just one block south of the police department, regarding a verbal argument that was occurring in the parking lot. When officers arrived, they detained the parties involved in the argument. One of those parties turned out to be Lindsay Lohan.
After officers conducted an initial investigation, they determined that she was driving her vehicle under the influence. She was arrested for driving under the influence and transported here to the Santa Monica jail. While in the jail, officers found in her possession a small amount of cocaine. She was charged for driving under the influence and possession of cocaine. She has since bailed out of the jail and has been released. And that`s it at this point.
(END VIDEO CLIP)
GRACE: Many people reading the headlines this morning thought she was simply being arraigned or charged formally on her last DUI crash into a fixed object under the influence of alcohol, allegedly cocaine in the front of the car. No, these are brand-new charges that happened in the early morning hours around 1:30 AM.
Out to Sibila Vargas, CNN correspondent. What happened this time?
SIBILA VARGAS, CNN CORRESPONDENT: Well, I got to tell you, you know, I always say it`s like deja vu all over again with these Hollywood starlets getting into trouble. But it was quite a shocker. These are the allegations that are being made. First of all, this woman calls police officers. She`s in a car. She says, This woman is after me, or, Somebody in a car is after me. She didn`t even know that it was Lindsay Lohan who was in the car. Police got to the location or the scene where they found Lindsay Lohan and this woman in a verbal altercation, a heated debate.
They said that Lindsay seemed as if she was inebriated, that she had alcohol in her system. Obviously, they could smell it. And they said that she couldn`t touch her nose, that she couldn`t walk a straight line, she could not even follow this light that they were putting in front of her face. At that point, they decided to take her into the jail to book her. And they said that there, that`s when they found the shocker, they found cocaine on her person.
And like you said, Nancy, you know, just a few months ago, back on Memorial Day, when she was busted that one time for DUI, she left the scene of the crime, and there was cocaine, a usable amount of cocaine in the car. In that particular instance, a lot of people saying, Hey, you know, maybe it wasn`t her cocaine. Maybe somebody planted the cocaine there, we`re not sure. But in this particular case, they found it on her system. So that`s pretty big...
GRACE: They found it on her system or they found it in her pants pocket?
VARGAS: They found it in her pants pocket. You`re right.
GRACE: OK. You know, that really seems to take the cake, David Caplan, David joining us from VH1`s 24sizzler.com, David, to carry cocaine in your pocket into the jailhouse for your mugshot? Is that correct?
DAVID CAPLAN, VH1 24SIZZLER.COM: Yes, that is absolutely correct. They found it in her jeans, in her pocket. It takes a lot of nerve to do that.
GRACE: Back to Sibila Vargas. The woman that she allegedly was chasing that called 911, what do we know about that?
VARGAS: Well, apparently, she is the mother of one of Lindsay Lohan`s assistants that apparently had -- they say, and we don`t know. We still haven`t confirmed if this, indeed, was the mother of her assistant, who supposedly left Lindsay Lohan, didn`t want to work there anymore. And apparently, Lindsay Lohan might have been upset about that and then went after her mother.
GRACE: Take a listen to this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Lindsay Lohan charged with DUI, that is, and cocaine possession. And if it sounds familiar, it probably should because Lohan has now been arrested on those same charges -- basically, the same charges that she faced when she was arrested back in May. And it all happened just when she`s two weeks out of rehab. Apparently, this morning`s arrest came after a woman called 911 to report she was being chased. Police say the car behind her driven by Lohan.
UNIDENTIFIED FEMALE: Lindsay Lohan just finished her second stint in rehab for substance abuse. Well, now she is in trouble once again -- a lot of people talking about this one today. Santa Monica police arrested Lohan early this morning. Apparently, a woman called 911 to report that someone was chasing her. That person was Lindsay Lohan. Several hours later, Lohan posted a $25,000 bond and was then released.
(END VIDEO CLIP)
GRACE: Back out to Sibila Vargas joining us tonight, CNN correspondent. I understand that it was around 1:30 AM in the morning. Where were they coming from?
VARGAS: That is the million-dollar question. Where are they coming from? Why is she in a car with two other people? And I think there was a question as to who -- whose car it was. What kind of people are driving at 1:30 in the morning? And the fact that they found Lindsay Lohan in the case that they say that they found her and the way that they found her, that she, you know, again, she -- she was inebriated, that she couldn`t touch her nose, she couldn`t walk a straight line. I mean, who lets somebody get in the car in that particular way?
GRACE: You know, David Caplan, is it true that Lohan refused to take the breathalyzer out in the field?
CAPLAN: Yes. Absolutely. She refused to take it, and that`s why they took her to the station. Instead, she did the "walk the line" test on the road.
GRACE: OK, straight out to Mike Brooks, former D.C. cop, former fed. You`ve seen a million DUI stops. Explain to me, number one, having a driver`s license is not a right in this country, it is a privilege.
MIKE BROOKS, FORMER D.C. POLICE, CNN LAW ENFORCEMENT ANALYST: Absolutely.
GRACE: And when you -- correct me if I`m wrong -- and when you get a driver`s license, you`re essentially agreeing to that state`s rules of the road, which are that if you`re asked to take a breathalyzer, you`re supposed to take one. And if you don`t, that in itself is an infraction. So when you do one of these field sobriety tests, take us through what Lohan went through.
BROOKS: Well, what they probably did -- and I guarantee you this is probably on some kind of camera that`s in front of the -- they would stand her in front of the cruiser nowadays, just so they have additional evidence when they do go to court, Nancy.
And what they would do is, they`d have her go through the alphabet, say the alphabet forward and then backwards. They`d also her walk a straight line. They`d have her try to stand on one foot and touch her nose -- or her hand to her nose. They would also do -- when you see them hold a pen in front -- they said it was a flashlight. And they`ll test the tracking of your eye. That`s called a stagnus (ph) test, to see exactly how your eyes are reacting because if you`re under the influence of alcohol, your eyes will not move and track the same way as it would when you`re sober.
And apparently, she didn`t do very well on any of these tests. She didn`t even -- they also would usually give her a roadside breathalyzer test. It`s a little alkalyzer (ph). And that would just give them prima facie evidence and give them a baseline of where they`re operating. But apparently, she did go back to the station. She did consent to a breathalyzer, and she blew a .12 and a .13.
GRACE: Whew! Ouch! That`s almost double the legal limit of .08.
BROOKS: Yes, the legal limit in California is .08. And Nancy, that law which you were talking about, when you do have the privilege, again, not a right, but a privilege, as you said, to drive, is called "implied consent." And you -- when you give up that implied consent, in many states, you automatically go ahead and have your license suspended for a year or more.
GRACE: Let`s unleash the lawyers. Joining us tonight, Susan Moss and Alex Sanchez out of New York. Also joining us, Joe Lawless, lawyer and author out of the Philadelphia jurisdiction.
Out to you, Susan Moss. She was on a suspended license already from last time.
SUSAN MOSS, FAMILY LAW ATTORNEY: Absolutely. Where were her parents? Apparently, hanging out with Britney`s parents. Lindsay Lohan does not need a friend. She does not need a sorority sister. She does not need a drinking buddy. She needs a role model. She needs a gatekeeper. She needs a parent. Apparently, she needs a double dose of candy -- Candy Spelling, that is. She needs some tough love, and if she don`t get it soon, she`s going to go downhill even faster than she`s been going.
GRACE: You know -- to Mark Hillman, psychotherapist and author -- I disagree with Moss. This woman is 21 years old. When my dad was 21 years old, he was out fighting in the world war. Let`s see. I was in law school with two jobs. Where were you, Hillman, 21?
MARK HILLMAN, PSYCHOTHERAPIST: I was in the U.S. Coast Guard.
GRACE: So why do we need Mommy and Daddy at age 21?
HILLMAN: Well, you know, you`re absolutely right, Nancy. And I`m not sure that Lindsay Lohan going to jail is the right thing to do. She needs an authority figure, someone to step in...
GRACE: Wa-wa-wa-wa-wa-wa-wait! Excuse me. I`m looking at your CV, your resume. It says psychotherapist. It says absolutely nothing about criminal justice or lawyer. What do you mean, no jail? This is her second offense, chasing down a woman 1:30 AM with cocaine in her pocket, this just about two months her last DUI and alleged cocaine possession. How many more offenses does she need before jail is a possibility for you, Mr. Hillman?
HILLMAN: Well, you can approach it...
GRACE: Excuse me. Dr. Hillman.
HILLMAN: You can approach it in one of two ways...
GRACE: OK.
HILLMAN: ... incarceration...
GRACE: She just got out of rehab, so rehab is out.
HILLMAN: Well, or you can go for 18 months to 24 months in court- mandated rehab. The question is, with any sort of substance abuse -- dependence, not abuse but dependence -- that`s the addictive part, in terms of tolerance and in terms of withdrawal. Clearly, rehab, in a short 45-day posh hotel...
GRACE: You know what, Dr. Hillman?
HILLMAN: ... is not really working.
GRACE: Take a look at the left side of your screen. See Ryan Owen Kudie (ph), age 18, dead from a DUI driver. See Scooter Geer (ph), age 21? Dead, DUI driver. Keep it rolling, Rosie (ph). And you want to tell me -- there`s Gary Ray Selby (ph), Jr., just 18 years old, he`s dead from a DUI driver. And here`s this girl slinging herself down the road at 1:30 AM, high as a kite!
You know, back to you, Susan Moss. If she just wants to sit at home in her multi-million-dollar home and get as drunk as she wants to, fine. But when she gets out on the public roads, then it becomes my business and your business, Susan Moss.
MOSS: Absolutely. Lindsey Lo (SIC) caught on blow, to jail she must go.
GRACE: OK. Joe Lawless, give me your best shot.
JOE LAWLESS, DEFENSE ATTORNEY: I`ll give you my -- first of all, Nancy, you`re wrong and Moss is wrong. Cute little witticisms to get a laugh on TV don`t solve the problem. Lindsay Lohan...
GRACE: I hardly think...
(CROSSTALK)
LAWLESS: Lindsay Lohan did not kill any one of those people.
GRACE: ... DUI and cocaine is not a witticism. And...
LAWLESS: No, but Susan`s attempts...
(CROSSTALK)
GRACE: ... you`ve got to say to attack Moss -- let`s hear your defense. That`s what I asked you.
LAWLESS: OK. First of all, she`s very clearly an addict. It`s an addictive personality. Putting her in jail...
GRACE: And she`s had rehab.
LAWLESS: Putting her in jail isn`t going to solve the problem. Under...
GRACE: She had rehab.
LAWLESS: Under California law, there are a number of other alternatives that are available that if she doesn`t get, she may kill someone.
GRACE: OK, what?
LAWLESS: This is an opportunity to treat someone who`s an addict.
GRACE: What? What`s the alternative?
LAWLESS: She can go to -- as Dr. Hillman said, there`s a mandatory 18-month rehabilitation program in California that she should be entitled to. If this were just any other alcoholic or any other...
GRACE: You know what?
LAWLESS: ... addict out there, she wouldn`t get slammed...
GRACE: You`re doing...
LAWLESS: ... all over TV.
GRACE: You`re doing...
LAWLESS: And that`s the only reason this is being covered.
GRACE: You`re doing a back bend, a back bend to find another way to put a pretty young blond starlet...
LAWLESS: No, I`m not.
GRACE: ... into rehab...
LAWLESS: She`s not a pretty young starlet.
GRACE: ... instead of jail.
LAWLESS: She`s an alcoholic...
GRACE: Yes, she is!
LAWLESS: ... who needs treatment, period, end of story. I don`t care if she`s Lindsay Lohan or Sue Slug Around the Corner. This is a kid who was in rehab, walked out...
GRACE: She`s not a kid, she`s 21.
LAWLESS: ... and she`s drunk again. That`s someone who needs treatment.
GRACE: You know, Alex, when dealing with many, many habitual violators, which are people that have had at least five similar offenses, after you give somebody probation and treatment, after they go to rehab, after you make them wear one of these monitors, at a certain point, it`s jail time. Remember all the lenient treatment that Robert Downey, Jr., got until finally, a judge said, OK, this is it, you`re going to jail. And look at him now. He`s a huge success, has totally turned his life around, Sanchez.
ALEX SANCHEZ, DEFENSE ATTORNEY: Yes, but you know, Lindsay Lohan has not been convicted of any crime. She was arrested just a couple of days ago, but she`s not convicted. She was not mandated by a court to go to a rehabilitation facility. She was not even mandated to wear that bracelet on her leg which was monitoring her alcohol content. So you know, she`s not a convicted criminal, so I wouldn`t put her in the same category as someone that has repeatedly violated the law.
She`s a sick person. She`s 21 years old. She`s troubled. Don`t you think she needs help, Nancy?
(CROSSTALK)
GRACE: Let`s go out to the lines. Faith in California. Hi, Faith.
UNIDENTIFIED FEMALE: Hi, Nancy. I just have a question. I hear that this happened in a parking lot. And I was wondering, don`t police lack jurisdiction in a parking lot? Isn`t that private property? And wouldn`t the fruits of their search and their arrest get thrown out? I mean, you don`t get a ticket for not wearing a seatbelt in a parking lot.
GRACE: Hold on just a moment. Let`s find out the facts on that. Sibila Vargas, it`s my understanding she had come out of a parking lot and was driving down the street after this lady who called 911.
VARGAS: Well, I think that what happened was that the lady who called 911 was trying to make her way to the police department, and the police department was just a block away from that Civic Auditorium, that center in Santa Monica. And somehow, they stopped. I guess Lindsay had caught up with this lady and that`s where...
GRACE: Were they in a parking lot or were they on the street?
VARGAS: They -- I believe they were in the parking lot of the Civic Auditorium center.
GRACE: That`s an excellent question from Faith in California.
Out to you, Joe Lawless. I don`t know, since this is a civic center, the Civic Auditorium, that is government property.
LAWLESS: Well, one...
GRACE: And I believe the police would definitely have -- I mean, if somebody gets shot in a parking lot, the police have jurisdiction.
LAWLESS: Well, I think the police have jurisdiction, Nancy, but one of the other interesting issues is, is can they prove she was operating the vehicle? If she`s outside the car and the car is off and not running, they`re going to have to have testimony probably from the woman who was involved in the chase. But they...
GRACE: Yes, I think the...
LAWLESS: They`ve got to prove operation of the car.
GRACE: I think the woman who called 911 hysterically that somebody was following her...
LAWLESS: That might work, yes.
GRACE: I think that`s going to work.
Out to the lines. Shawn in Michigan. Hi, Shawn.
UNIDENTIFIED FEMALE: Hi, Nancy. Congratulations.
GRACE: Thank you.
UNIDENTIFIED FEMALE: And I`d like to ask you, why, if she was arrested at 2:00 o`clock, booked at 4:00, why did she get out on bail at 6:00? Don`t you have to have some time there to sober up a little? I don`t get it.
GRACE: Excellent question. What about it, Alex Sanchez?
SANCHEZ: Well, you know, different jurisdictions have their own rules and regulations. They probably gave her the equivalent of what is known as a desk appearance ticket, where basically, they do the -- practically the arraignment right there at the police station, agree -- let her sign a form, and she agrees to come back on a certain date. So I think that`s why that resulted like that.
GRACE: It seems to be about five hours from start to release.
Everybody, quickly, tonight, after yet another pro wrestler, 38-year- old John Kronus, turns up dead, that on the heels of 40-year-old superstar from the WWE Chris Benoit -- his entire family found dead -- former superstar Joanie Laurer, ring name Chyna Doll, with us live tomorrow night to respond to the growing list of sudden and unexpected deaths in pro wrestling and the role of pro wrestling steroid use.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This morning at 1:35, officers from the Santa Monica Police Department responded to the Civic Auditorium parking lot, which is just one block south of the police department, regarding a verbal argument that was occurring in the parking lot. When officers arrived, they detained the parties involved in the argument. One of those parties turned out to be Lindsay Lohan.
(END VIDEO CLIP)
GRACE: Superstar Lindsay Lohan back in jail again. She is out on bond tonight.
Out to you, David Caplan. David, it`s my understanding that she`s got two court appearances on one day. Explain.
CAPLAN: Yes. It`s a huge scheduling conflict right now. Her first DUI actually is with Beverly Hills police. And they had scheduled it for August 24. And then today, we hear that her hearing pegged to this latest DUI is also that same day, and that`s with the Santa Monica jurisdiction. So those two have to work it out. And the Santa Monica one is actually 8:30 in the morning that day, and I hear that the Beverly Hills hearing is around that time, as well.
GRACE: If you see that last shot of Lohan with her anklet on -- let`s go out to Mike Iiams, chairman and CEO of Alcohol Monitoring Systems. Sir, explain to me how this works.
MIKE IIAMS, CHAIRMAN & CEO ALCOHOL MONITORING SYSTEM, INC.: Well, Nancy, I`m sure you`ve been around somebody in your life that had enough to drink. You can smell the alcohol sweating out of them. And it turns out that about 1 percent of all the alcohol that we consume leaves our body through that constant perspiration process.
So what we`ve been able to accomplish is to take what is traditional portable breath-testing technology and just take it to the next level and develop a monitoring device that`s worn around the ankle.
GRACE: Well, if she was wearing it this morning at 1:30 AM, how did this happen? Tell me how it works, quickly.
IIAMS: OK. The bracelet will take at least one sample every hour. It stores the data until it can conveniently wirelessly move that data to a Web-based application we host. Now, our reporting responsibilities...
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: After officers conducted an initial investigation, they determined that she was driving her vehicle under the influence. She was arrested for driving under the influence and transported here to the Santa Monica jail.
(END VIDEO CLIP)
GRACE: Superstar Lindsay Lohan back in jail, this time with charges of DUI, almost two times the legal limit in California, and possession of cocaine in her pocket when she went to go get her mugshot.
OK, out to the lines. Deborah in Michigan. Hi, Deborah.
UNIDENTIFIED FEMALE: Hi. How are you?
GRACE: I`m good, dear.
UNIDENTIFIED FEMALE: Thank you. My question is, since she was recklessly driving after someone, why was she not charged for reckless driving.
GRACE: You know, that`s a very good question. Out to you, David Caplan. These are just the police charges. Once prosecutors get a hold of the case, they can adequately look at the facts and add or subtract charges, if they wish. What will this mean for her insurance, Caplan?
CAPLAN: Oh, I mean, this is going to do horrible things to her insurance because every actress and actor obviously needs to be insured on the set of a film, and her -- the premiums for her are going to be huge. It`s going to cost so much more money. And a lot of movie studios won`t want to work with her. In fact, when Robert Downey, Jr. -- when he had these issues with his insurance, he actually had to pay for his own insurance.
GRACE: And David Caplan, the last movie that she came out with -- it was "Georgia Rules," had superstars in it, Felicity Huffman, fantastic, Jane Fonda, fantastic -- it tanked, by Hollywood standards anyway.
CAPLAN: Yes.
GRACE: How much of that was that attributed to Lohan`s last incident with the law?
CAPLAN: Yes, no, it`s definitely attributable because a lot of people felt she didn`t really give it all in terms of when she was filming that movie. She was late for the set. And they just didn`t think she really shined in that film. And even her upcoming film, called "Poor Things," which (INAUDIBLE) film that she`s supposed to be working on, may not happen. And her next movie is out on July 27, called "I Know Who Killed Me," and it`s supposedly not that great, either.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Lindsay Lohan just finished her second stint in rehab for substance abuse. Well now, she`s in trouble once again, a lot of people talking about this one today. Santa Monica police arrested Lohan early this morning. Apparently a woman called 911 to report that someone was chasing her. That person was Lindsay Lohan. Several hours later, Lohan posted a $25,000 bond and was then released.
UNIDENTIFIED MALE: She was chasing after another car. The other car was being driven by the mother of her personal assistant, who had just quit her job earlier, just about probably a couple hours before the incident occurred.
She was following or trying to catch up to the car being driven by the mother of her personal assistant. The mother tried to make it here to the Santa Monica police department. She didn`t make it here, she ended up in the parking lot and that`s when she called the police department on her cell phone and we responded.
This morning at 1:35, officers from the Santa Monica police department responded to the civic auditorium parking lot, which is just one block south of the police department regarding a verbal argument that was occurring in the parking lot. When officers arrived, they detained the parties involved in the argument.
One of those parties turned out to be Lindsay Lohan. After officers conducted an initial investigation, they determined that she was driving her vehicle under the influence. She was arrested for driving under the influence and transported here to the Santa Monica jail.
While in the jail, officers found in her possession a small amount of cocaine. She was charged for driving under the influence and for possession of the cocaine. She has since bailed out of the jail and has been released and that`s it at this point.
(END VIDEO CLIP)
GRACE: Lohan has already done two stints in rehab. She has only been out of the last rehab for two weeks when this morning around 1:30 a.m., she was pulled over for allegedly chasing a woman.
The woman calls 911. The woman is also in a vehicle. Lohan blows .12 to .13 on a breathalyzer and goes in for her mugshot with cocaine in her pants pocket.
I want to go out to Ken Seeley, interventionist from A&E`s "Intervention." And he`s the founder of intervention911.com. Ken, you are a world famous recovering addict. You`ve been there. What does Lohan need?
KEN SEELEY, INTERVENTIONIST: You know what, Nancy, it disturbed me what your other guest said because I believe what she needs now as an interventionist, is she needs to hit that bottom.
And we`ve tried emotional ties, we`ve tried financial ties by the last four movies flopping, the next one not doing so well, so to speak. And now the only other one that we have to work at this is the legal. Get her in jail, let her feel what it feels like to be in jail. If she breaks any part of that drug court, that I`m praying the judge will demand and put a judgment on her, if she breaks that, then she goes right back to jail. Enough is enough.
Like you said, look at all those kids that are dying because of people just like her. We can`t take the chance anymore. We have to stop it and let legal systems do what they need to do to help save this young woman`s life.
GRACE: And you know Ken Seeley, people keep asking me, don`t you feel sorry for her? Yes, I feel sorry for anyone that has a drug or alcohol problem because I`ve seen too many of them standing before me and standing before a judge in court. And they have lost everything, their family, their life savings, their job.
But then look to the left of your screen. What have they lost? A 5- year-old, an 8-year-old, a 21-year-old. I feel sorry for our men and ladies over in Iraq. That`s who I feel sorry for. Not for someone that has millions of dollars and every opportunity on a silver platter.
Hey, Kim, what do you think about this last stint? I believe it was in Promises rehab - Rosie, do we have any shots of Promises? Go ahead, Ken.
SEELEY: Yes, I think Promises is a great treatment facility. And I`ve known a lot of people that have gone through there and been hugely successful in their recovery.
The problem is Lindsay hasn`t hit a bottom. She just hadn`t hit a bottom. Those people you feel sorry that are for standing there, that lost their families, lost their lives, lost everything, those are the people who have hit a bottom and are absorbing and soaking up what they learn in Promises.
GRACE: Whoa, Ken. Look at your camera, please. I want to go move there. That`s Promises? Did you see that fireplace? Whoa. Was that the ocean?
SEELEY: Yep.
GRACE: Yes, and it`s a patio.
SEELEY: That`s the ocean, that`s the massage therapist.
GRACE: Is that a condo?
SEELEY: All of it, yoga. And I don`t believe that just because you hit a bottom and come from that lifestyle, that you should have to go to Skid Row to get recovery. So I believe that there should be places like Promises and Wonderland that others go through, because you don`t have to hit that low of a bottom. But I believe Lindsay does. Lindsay needs to hit that bottom
GRACE: Did you go to rehab? Ken, did you go to rehab.
SEELEY: Absolutely I did.
GRACE: What rehab did you go to?
SEELEY: It`s closed now, but it was 18 years ago in Azusa called Sierra Royal (ph).
GRACE: And was it anything like this Promises place?
SEELEY: I wish.
GRACE: OK, I want to go out to Sheryl McCollum, former director of Mothers Against Drunk Driving, Georgia. Sheryl, you`ve been in court with me many, many times when I would get for instance, a habitual violator to deal with. And you want very much to help them. That`s your first instinct, to help them. But when you see somebody who`s gone to rehab twice, they - and this timeline is just pathetic.
SHERYL MCCOLLUM, MADD, GEORGIA: Nancy, this is one of the most pathetic legal.
GRACE: What are we going to do when somebody is dead?
MCCOLLUM: Right. Because her rock bottom is going to be somebody under her car.
GRACE: So, what`s the answer? Was she even serious about this last stint in Promises?
MCCOLLUM: No. Everything she has done since Promises and before was a stunt. Putting a medallion of her sober six month anniversary or whatever on the rear view mirror of her car, stunt. Wearing the ankle monitor and raising her ankle so everybody can see it to photograph, stunt.
Making sure that everybody knows about her rehab, stunt. The things even she did yesterday were so deliberate, the meeting up with friends, going drinking, the obtaining the cocaine, the consumption of alcohol, those were deliberate actions.
This is not a cry for help. I agree she hasn`t hit rock bottom but I am fearful her rock bottom is going to be somebody under her car.
GRACE: You know, why does someone have to be hurt or killed before the alcoholic or the drug addict allegedly reaches rock bottom?
And that`s got to be - one thing about Robert Downey Jr., is like the poster child - he was in his room minding his own business, getting high on something, cocaine, I don`t know what. She is out on a public street.
I want to go back out to Mike Iiams, the chairman and CEO of Alcohol Monitoring Systems Incorporated. Mike, she`s wearing this ankle monitor. You`re saying that when she, I guess -- you have it. Thank you. Goes home, she gets near a modem, it downloads that day`s information. But how do -- other than peer pressure, does that actually stop someone from drinking or drugging?
MIKE IIAMS, ALCOHOL MONITORING SYSTEM: Nancy, here is how the whole program works. Almost all the work that we do is really court mandated where a judge has required somebody to be on this program.
GRACE: I see. This is voluntary, OK.
IIAMS: In this case, it was voluntary. But in that court environment, I very much agree with your comments, the ability for us to report today somebody started drinking again last night and for the court process to intervene and drive -- derive dire consequences for that action and bring serious consequences for that action will really help somebody overcome this problem and start to move forward.
It really brings that rock bottom element into it. It helps hold a person accountable so that they have to demonstrate to the court that they can go for an extended period of time without drinking.
If they can`t demonstrate that, the judge and prosecution and prosecutor are in a unique position to be able to bring other measures to bear in how they`re going to deal with that individual.
GRACE: Back out to you, David Kaplan. David, did you see the bikini photo of her and her surfboard and the ankle monitor that Mike Iiams is telling us about? Speaking of a stunt, like Sheryl McCollum was describing, that looked pretty much like -- there you go, like a stunt.
DAVID CAPLAN, SENIOR CORRESPONDENT: It definitely looked like a staged photo. She spent many days at that home in Malibu, actually the Polaroid Beach House is what it`s called. And of course, the paparazzi were camped out on that beach, right outside the house. It was very clear she wore her dress and she lifted it up, you saw the ankle bracelet. It gave sort of a feeling of all right, Lindsay is doing something.
GRACE: And even wearing it when I`m surfing.
Quick break everyone. As you know, here at Nancy Grace, we want very much to help in our own way to solve unsolved homicides, find missing people. Take a look at Ruby Coney, found stabbed in her Centreville, Illinois home, in an apparent home invasion. If you have information on this lovely lady, Ruby Coney, call toll-free, 1-888-813-8389.
(COMMERCIAL BREAK)
(NEWS BREAK)
(BEGIN VIDEO CLIP)
SIBILA VARGAS, CNN ENTERTAINMENT CORRESPONDENT: It looks like you`re going in a different direction with your life.
LINDSAY LOHAN, ACTRESS: You know, thank you. I`m just growing up.
VARGAS: Yeah, you`re growing up?
LOHAN: I`m learning more and I`m more comfortable with expressing how I feel, in terms of whether it be politically, in terms of who I play, characters. And I think that you only live once. You might as well do something that`s going to leave a good impression on people.
(END VIDEO CLIP)
GRACE: Ouch. Here`s the impression. This is Lohan`s mugshot from 1:30 a.m. this morning, after driving allegedly drunk .12 to .13, cocaine in her pocket, chasing a woman, who called 911. That was an interview done by CNN correspondent Sibila Vargas. Sibila, when you interviewed her, she seemed so sincere.
VARGAS: She really did. I was really struck by that. I have to compare her somewhat to Paris Hilton. I mean, Paris Hilton has had a lot in her life and she`s been given so much. But Lindsay Lohan has really had to fight for a lot, so your heart does kind of go out to her. Hopefully she`ll get the help that she definitely needs.
GRACE: It`s my understanding she`s already had two tries at rehab, Sibila.
Out to Annette in Arizona. Hi, Annette.
CALLER: How are you, Nancy?
GRACE: I`m good, dear. What is your question?
CALLER: I was wondering if she was actually under arrest, wouldn`t she have been checked for any drugs or alcohol prior to getting taken to the jail?
GRACE: What about it, Mike Brooks? That`s a good point.
BROOKS: That`s a very good point, Nancy. In fact, they go ahead and do a patdown for any weapons and that kind of thing. And usually you like to say, go ahead, empty your pockets out. And maybe they didn`t have a female officer there to get a little more intrusive.
GRACE: Wait a minute, Mike Brooks, have you seen her blue jeans? It`s like they`re painted on. You and I both know that a hit of crack or a hit of cocaine comes in a little cellophane bag. I don`t know where those things are made. They`re about a half-inch wide or half-inch tall. You can have one in your pocket and the police pat you down and don`t feel it at all.
BROOKS: Exactly. What they usually do is go into the pockets. What I`m saying Nancy, would go ahead make sure there was no weapons there. Make sure that they were -- for their own safety, make sure there`s no weapons. And then, when they get there, get a female officer to do a more thorough search.
GRACE: Out to the lines, Laura in California. Hi, Laura.
CALLER: Hi, Nancy. I`d like to know, why was she able to post bond when this is her second DUI within a few months time?
GRACE: I don`t know. And another question, out to David Caplan. How much is the bond and who posted it for her?
CAPLAN: $25,000 and it was her lawyer who posted it.
GRACE: And isn`t it true, Alex Sanchez, on a 25,000 bond, you only have to put up $2,500?
SANCHEZ: Yes, but does it really make a difference in the case of Lindsay Lohan? I mean, she`s a multi-millionaire.
GRACE: No, I didn`t say it did. But I was just asking you if that`s true, she only has to come up with $2,500.
SANCHEZ: It could have been $25,000 or $250,000? In certain jurisdictions, you only have to pay 10 percent.
But let me tell you something, Nancy, what disturbs me here. You keep referring to her as a habitual offender. We heard Kim use the term enough is enough.
What are you talking about? Lindsay Lohan has not repeatedly gotten in trouble with the law. It`s a not like she`s been on some binge for the past 20 years getting drunk and getting in trouble. She`s 21-years-old, she`s never been convicted of a crime.
GRACE: Alex, down. She`s entered herself into rehab twice for alcohol for alcohol and drugs.
SANCHEZ: And that`s very good.
GRACE: I`d like to finish. So doesn`t that suggest to you, in your defense brain, that even she realizes she`s gotten an alcohol problem?
SANCHEZ: It suggests to me that someone does realize that and is making attempts to try to address that problem. I think she deserves credit for that.
GRACE: Two arrests. Now, you`re completely back pedaling. I didn`t know you were an Olympic swimmer.
Long story short, she herself admits it by going in and out of rehab all the time. To Cheryl in Michigan. Hi, Cheryl.
CALLER: Hi, I was wondering if the judge could make her -- require her to have a breathalyzer interlock device on her vehicle.
GRACE: Oh, that is brilliant. Joe Lawless, that`s a pretty innovative idea.
LAWLESS: I know it can be a condition of a conviction. I`m not sure. I don`t know if a judge can make it a condition of anything. What they ought to do is require her not to drive.
GRACE: I think they did that. They suspended her license. Didn`t work.
LAWLESS: Now, that`s a problem.
GRACE: Yes, you`re the defense lawyer and your response is that`s a problem. I`ll come right back to you, Joe Lawless.
LAWLESS: My response is we should stop trying to have a lynching party on television.
GRACE: OK, Joe, that was helpful. Let`s pause for just a moment for CNN Heroes.
(BEGIN VIDEO CLIP)
SAVANNAH WALTERS, CNN HERO: Yes, I`m worried about the future because I don`t want to live in a yucky world where there is no clean water to drink and no clean air to breathe. If we drill in the Arctic refuge, we`re going to hurt lots of animals and people and it`s just not fair. I`m Savannah Walters and I`m teaching people to pump up their tires to save the arctic refuge.
UNIDENTIFIED MALE: I was on a photo assignment in the Arctic National Wildlife Refuge. Ever since then, I`ve been involved in environmental activism. One evening the phone rang and this little girl said I`m Savannah Rose Walters and I`m nine-years-old and my mom said I could call you.
WALTER: He is the one who told me that Americans waste billions of gas a day by driving on underinflated tires. And I said, why don`t they just pump them up?
UNIDENTIFIED MALE: Well, why don`t you ask them to? And so, she did.
WALTERS: I got permission to go and put tire gauges, flyers and balloons on everybody`s cars in the local train station explaining to people how they could pump up and check their tires.
UNIDENTIFIED MALE: My first reaction was, why didn`t I think of that? And I think that was only the beginning of her education of me.
WALTERS: Do you know how to check your tires? What you do is you want to look for the PSI, and that`s pounds per square inch. And if you pump up your tires, your tires are going to last a lot longer.
UNIDENTIFIED FEMALE: Oh, good to know. OK, 33.
WALTERS: That`s about right.
UNIDENTIFIED FEMALE: Hot doggy.
WALTERS: OK, you can keep the tire gage.
UNIDENTIFIED FEMALE: So I need to check this once a week?
WALTERS: Yes.
UNIDENTIFIED FEMALE: Thank you very much.
WALTERS: Thank you very much.
UNIDENTIFIED MALE: Savannah Rose is doing what she`s doing because she wants to do it and she understands that she needs to do it for things to get better.
WALTERS: It`s just about protecting the planet and wanting to live in a clean world.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
GRACE: To Headline Prime`s Glenn Beck. Hi, friend.
GLENN BECK, CNN HOST: Well if you thought that YouTube was only good for watching individual skateboarding dogs? Well, you would be wrong. It seems like it`s also the perfect tool for asking our presidential candidates some questions. I`ll have the details in just a bit.
And then, how about a Visa card for your second grader? I`m sure there are worse ideas out there. I just haven`t been able to think of any.
And we`ll have all the details of Lindsay Lohan`s arrest, and this time with cocaine. And I doubt she`s going back to rehab. I`m just saying. All that and more, next.
GRACE: Tonight, Lindsay Lohan back in rehab in a safe place, says her publicist. But what about the rest of us on the street? Out to Amy in Pennsylvania. Hi, Amy.
CALLER: Hi, Nancy. I was wondering in closing, between now and Lindsey`s arraignment, is she free to do whatever she wants other than drive on a suspended license? And also does she have any plans? Will they force her to stay in rehab?
GRACE: I don`t think they can force her to stay in rehab until she is adjudicated. Very quickly, Sibila, are there any conditions on her being out?
VARGSA: I don`t think there really are but I would have to think that her publicist wants her to spend that time in rehab because she doesn`t want her getting out right now.
GRACE: Mike Brooks, you and I have both seen plenty of DUI arrests. They are really being glamorized for Hollywood.
BROOKS: You know what, they are Nancy. And you know, the DWI is one thing, but keep in mind, that cocaine charge, that is a serious felony. She got a total of five charges last night and then on Thursday, she got booked into the Beverly Hills Jail on other charges. So right now, the DWI is bad but cocaine is what she really has to worry about.
GRACE: That is a felony.
Everyone, let`s stop to remember Honorary Corporal Michelle Ring, 24, Martin, Tennessee, killed in Iraq on her first tour, loved the military outdoors, four-wheeling, off-roading, camping, hunting, kept in touch by e- mail and MySpace, dreamed of a military police officer career. Single parent, she leaves behind two sons, 7-year-old Mark, 5-year-old Brandon. Parents John and Shirley, sisters Karen and Marilyn. I forgot to tell you last night, best friend since middle school, Crystal. Michelle Ring, American hero. Thanks to our guests, but especially you for inviting us into your homes.
A special good night tonight from New York. Friends of the show, real boat lovers, Mike and Donald. See you tomorrow night, I hope, 8;00 sharp Eastern. Until then, good night, friend.
END
