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Nancy Grace
Lohan`s New Attorney Says She Will go to Jail
Aired July 16, 2010 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JEAN CASAREZ, GUEST HOST: We begin tonight with breaking news. As the clock is ticking for Hollywood superstar Lindsay Lohan, Lohan reportedly, quote, "freaking out" about going to jail, in panic mode, checking herself into a luxury West Hollywood rehab all to avoid jail. As we go to air tonight, we confirm Lohan hires high-powered felony criminal defense attorney Robert Shapiro, Shapiro, who helped O.J. Simpson walk on double murder charges, insisting Lohan must serve jail time.
But Lohan`s mother counters that by saying, I don`t want to speak about jail because she`s not going to be in that situation. With no plans of turning herself in early to avoid the spotlight, according to reports, plus missing court dates, mandatory alcohol counseling, and thumbing her nose at the judge, does Lohan believe that entering rehab is going to stop her from going to jail on Tuesday?
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Actress Lindsay Lohan`s real-life drama played out in a Beverly Hills courtroom.
LINDSAY LOHAN, ACTRESS: I did the best I could to balance jobs and showing up. I`m sorry!
UNIDENTIFIED FEMALE: A TMZ source says Shapiro will try to place Lohan in a rehab facility.
NANCY GRACE, HOST: A court report reveals Lohan positive for a cocktail of medication.
LOHAN: I mean, you only live once.
UNIDENTIFIED MALE: Are you still taking drugs?
LOHAN: No. No.
UNIDENTIFIED MALE: Lindsay Lohan has reportedly hired a new attorney.
UNIDENTIFIED FEMALE: ... found in her system, Adderall, Dilaudid...
GRACE: ... Nexium, Zoloft, Trazadone...
LOHAN: There`s only so much people can say.
I`m not doing anything like that. I was working.
UNIDENTIFIED FEMALE: Seems a little bit to me like Lindsay Lohan is making a last-ditch effort to avoid jail.
UNIDENTIFIED MALE: Lohan also allegedly said she doesn`t have a problem with drugs or alcohol.
UNIDENTIFIED FEMALE: So there was alcohol and cocaine.
LOHAN: What am I supposed to do? What, not go and hang out with my friends?
UNIDENTIFIED FEMALE: She`s even said, I am not going to jail.
(END VIDEO CLIP)
CASAREZ: Good evening, I`m Jean Casarez of the legal network "In Session" on the trueTV network, in for Nancy Grace. Thank you so much for joining us tonight. The clock is ticking. Hollywood superstar Lindsay Lohan reportedly in panic mode, checking herself into rehab to avoid the slammer.
(BEGIN VIDEO CLIP)
LOHAN: Of course it scared me!
UNIDENTIFIED FEMALE: So there was alcohol and cocaine.
LOHAN: Thank you.
UNIDENTIFIED FEMALE: A TMZ course says Shapiro will try to place Lohan in a rehab facility...
UNIDENTIFIED MALE: Can`t have this as a campground. You know, she`s not going to come out.
LOHAN: I wasn`t expecting any special treatment.
I am a normal person, you know what I mean? I don`t think of it like that.
UNIDENTIFIED FEMALE: The only excuse for rescheduling an alcohol class would be if you were notified you had to show up for random testing.
LOHAN: I know that I was ordered to go once a week.
UNIDENTIFIED FEMALE: Do you understand (INAUDIBLE) conditions (INAUDIBLE)
LOHAN: I wasn`t missing the classes.
UNIDENTIFIED FEMALE: She did not comply with the court`s order.
LOHAN: (INAUDIBLE) do anything like that. I was working!
I know it`s true and they know it`s true, that 99 percent of what gets said is not true.
UNIDENTIFIED FEMALE: ... ninety days in jail...
LOHAN: I did the best I could to, you know, balance jobs and showing up.
(END VIDEO CLIP)
CASAREZ: Let`s go straight out to Kim Serafin, senior editor of "In Touch Weekly," standing by live in Los Angeles. Kim, what`s the latest?
KIM SERAFIN, "IN TOUCH WEEKLY": Well, the latest the reports from yesterday that were unconfirmed about Robert Shapiro have been confirmed today. Robert Shapiro has come out to say that he is taking on Lindsay as a client. But there are conditions. In the statement he put out, he has said that she must comply with her probation, she must comply with the jail time, and that he will help her come up with some sort of program.
So this was obviously news because a lot of people thought she was trying to totally avoid jail time. People thought that she was maybe going into rehab so that she could get the judge to alter the jail time or maybe get rid of jail time altogether. She has, of course, said she didn`t think she was going to jail.
Her mother, Dina, has done interviews. She did an interview with "In Touch" where she said she didn`t think Lindsay was going to jail. That was kind of hypothetical. But obviously, according to Robert Shapiro, that is part of the condition that he took her on, that she will comply with this.
CASAREZ: But she`s never listened to another lawyer, so why should she listen to this one? But Robert Shapiro, very respected attorney.
To Marco Gonzalez, reporter for X17online.com. Where is she right now? Is she still at these Pickford Lofts, which is the sober living facility?
MARCO GONZALEZ, X17ONLINE.COM: That`s correct. She`s at Pickford Lofts. And this is a facility that was created by Robert Shapiro years ago in honor of his son, who was killed, actually, due to substance abuse. So this is very near and dear to his heart.
So Lindsay`s camp has been talking to Robert Shapiro for quite a while now. And finally, as you mentioned today, he has confirmed that he is repping her. So he came out and told us that she is not leaving this facility until Tuesday, when she does, in fact, turn herself in to the courts.
CASAREZ: All right, well, back to Kim Serafin, senior editor of "In Touch Weekly." You did get an exclusive interview with Dina Lohan. She said a lot of things, but she really said she didn`t want to speak about jail because she is not going to be in that situation, talking about her daughter, Lindsay. What else did she have to say?
SERAFIN: Yes, I mean, she said that. And look, that is -- that`s a mother speaking, obviously. You don`t want to think the worst until it actually happens. She did say that Lindsay is sober. That`s one of the things she told "In Touch." She also said that she thinks Lindsay is growing up. She said that Lindsay actually the other day talked about even starting her own rehab facility one day, maybe even across the country for people in similar situations.
So if Lindsay really wants to do this and is growing up, that`s great. But obviously, she needs to focus on herself first, get herself straight, and then she can focus on other people.
CASAREZ: But she also said that the judge threw the book at her daughter. Let`s go to the lawyers right now, Randy Kessler, defense lawyer out of Atlanta, Alex Sanchez, defense lawyer out of New York.
First of all, to Randy Kessler. By Lindsay Lohan entering this rehab facility -- and it really, I think, is a sober living house for people that have completed rehab. But is the judge not going to send her to jail on Tuesday because of this?
RANDY KESSLER, DEFENSE ATTORNEY: No. That would be a miracle. And if Robert Shapiro could pull that off, then he`s earned his fee 10 times over. You know, that`s -- it may help her in the court of public opinion and it may just get her ready for jail. You know, it`s sort of a gradual step to get into jail, start off being sober because you`re going to be sober in jail.
CASAREZ: Well, to Alex Sanchez -- Robert Shapiro, such a famous lawyer, such a tremendous lawyer for felony criminal defendants. He released this through his press people, saying that Lindsay Lohan had to agree to all of the terms that the jail is asking her to comply with, that she must fulfill that jail time. But how do we know at this point, Alex Sanchez, that she`s going to listen to this lawyer?
ALEX SANCHEZ, DEFENSE ATTORNEY: Well, to tell you the truth, I`m a little perplexed at Robert Shapiro`s statement. I mean, he`s already coming out -- it`s almost like he`s throwing in the towel and saying, Lindsay, look, you`re going to jail and there`s absolutely nothing that could be done.
I disagree with that. I think there are things that can be done. He can make an application to the judge for reconsideration. He can ask the judge to delay the sentencing, and during the delay, perhaps, enter into a drug rehabilitation program to monitor her progress.
And there`s another thing. Why is Lindsay Lohan in her attorney`s rehabilitation facility? That seems to be a conflict of interest. She should be in a separate facility with separate people that don`t have any type of allegiances to Robert Shapiro. So I am questioning the way his representing her at this point.
CASAREZ: Well, let`s go out to Kristina Wandzilak, interventionist and founder of Full Circle Intervention, a host of TLC`s "Addicted." Do you think there`s a conflict of interest there that she`s going to a facility that is owned by her own attorney, Robert Shapiro?
KRISTINA WANDZILAK, INTERVENTIONIST: It does sound like a conflict of interest. But it certainly also sounds like -- and I`m not a lawyer, so I couldn`t say, but it sounds like he has a long-term treatment plan for her. And that`s really what Lindsay Lohan needs. It`s what any addict needs. They need, you know, time away from all of this, a time out.
CASAREZ: But Kristina, let me tell you about Pickford Lofts. And I`m sure you, as a professional, know about this. Each loft contains a large living room with a flat-screen HD cable television and DVD player, a sofa, two recliners, coffee and end tables, wireless high-speed Internet access, spacious dining area with double sinks. Now, when you`re in rehab, you don`t get television normally and you don`t get Internet because those -- there can be commercials for the drugs, the substances, the alcohol that they`re trying to wean you from. This isn`t a rehab facility.
WANDZILAK: This is not a treatment facility. That`s absolutely correct. This is a sober living environment, which is a completely different animal. Treatment -- residential treatment is something very different than continuing care or sober living.
CASAREZ: And to Marco Gonzalez -- we want to tell everybody we`re taking your calls live. But to Marco Gonzalez, reporter for X17online.com. She`s had a lot of visitors, hasn`t she, to this sober living house since she entered it 48 hours ago.
GONZALEZ: That`s correct, Jean. Just last night, Samantha Ronson (ph), Lindsay`s former girlfriend, who she still keeps in contact with, was there until 4:00 in the morning! So as you mentioned, you know, Dina stayed overnight. Alley (ph), her young sister, you know, has also spent the night with Lindsay at this sober house.
There aren`t enough rules for her! We know that rehab in the past hasn`t worked. So you wonder, why would it work now? Back in 2007, she was in Circle Lodge (ph) for six weeks. The day she came back, she was out partying. We caught her at the Roosevelt Hotel.
CASAREZ: Right.
GONZALEZ: I mean, she needs stricter guidelines, and a sober house just is not going to cut it.
CASAREZ: And that`s another issue we`ll deal with in the next hour. Patti in Texas. Good evening, Patti. How are you?
UNIDENTIFIED FEMALE: Good evening. I`m fine.
CASAREZ: What part of Texas are you from?
UNIDENTIFIED FEMALE: Spring (ph), Texas, just outside of Houston.
CASAREZ: Oh. That`s right. What`s your question?
UNIDENTIFIED FEMALE: I`m just concerned because her mother seems to come to her rescue all the time. I mean, this is a woman that`s 23 years old, and all of us in our minds, and even when we speak of her, we talk about her as if she`s just a little girl, you know? And I don`t think that she`s ever been accountable for any of the things that she`s done in the past, you know, and the way that she acts publicly.
CASAREZ: Patti, it`s a good question.
UNIDENTIFIED FEMALE: And people forget about how serious these charges are.
CASAREZ: That`s right.
UNIDENTIFIED FEMALE: I think sometimes if you let your children go and be held responsible for their acts, it turns out better.
CASAREZ: OK. Michelle Golland, psychologist and expert on Momlogic.com, joining us from Los Angeles.
MICHELLE GOLLAND, PSYCHOLOGIST: Yes.
CASAREZ: You know, what Patti is saying is a question...
GOLLAND: Yes.
CASAREZ: ... I had wanted to ask you because Dina Lohan, just in an exclusive interview with "In Touch Weekly," says the judge threw the book at her, that she`s outraged, that she`s angry at the system that is persecuting Lindsay. She didn`t do anything...
GOLLAND: Right.
CASAREZ: ... to deserve that SCRAM bracelet. The jail experience could destroy Lindsay. Is that an enabler right there?
GOLLAND: Exactly. That`s exactly what Dina Lohan is, in my opinion. And I think that this continued sort of minimization of her behaviors and even the not wanting her daughter to go to jail -- I understand that as a mother herself, but this is about being accountable and responsible. And I think unless Dina Lohan steps out of the way, it`s going to be an even harder road for Lindsay.
(BEGIN VIDEO CLIP)
LOHAN: ... headlines, constantly...
It`s my career. It`s something I`ve worked for my entire life!
I know it`s true and they know it`s true.
UNIDENTIFIED FEMALE: Oh, my gosh! They`re following us! We need help!
LOHAN: I respect you and I`ve been taking it seriously!
UNIDENTIFIED MALE: Is it too little, to late?
LOHAN: What am I supposed to do?
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Lindsay Lohan has reportedly hired a new attorney.
UNIDENTIFIED FEMALE: Robert Shapiro will represent her.
LOHAN: I am a normal person.
UNIDENTIFIED MALE: ... jail-bound Hollywood starlet Lindsay Lohan...
LOHAN: I wouldn`t be where I am without going through those ups and downs.
UNIDENTIFIED FEMALE: ... avoid jail...
UNIDENTIFIED MALE: ... rehab facility...
UNIDENTIFIED FEMALE: ... rehab...
UNIDENTIFIED FEMALE: ... checked herself into a sober living house...
UNIDENTIFIED FEMALE: You go out too much.
UNIDENTIFIED FEMALE: Thirty days in jail on a reckless driving case...
UNIDENTIFIED MALE: Lohan allegedly referred to Judge Marsha Revel as a (EXPLETIVE DELETED) pitch.
LOHAN: Yes, I`m that girl.
UNIDENTIFIED FEMALE: Thirty days in jail on the first DUI case consecutive and thirty days in jail on the second DUI case.
LOHAN: There`s only so much people can say. They`re not going to have anything else to say anymore. They don`t have anything else to say anymore.
UNIDENTIFIED MALE: Are you scared you will go to prison?
LOHAN: I don`t see what reason I would go to prison for. I`ve been more than in compliance with everything having to do with the court system. Enough is enough already.
UNIDENTIFIED FEMALE: That`s 90 days in jail.
LOHAN: I`ve learned and grown up.
I don`t want -- I don`t want you to think that I don`t respect you and your terms because I really did think that I was doing what I was supposed to do.
(END VIDEO CLIP)
CASAREZ: Another I`m Jean Casarez of "In Session," in for Nancy Grace tonight. Lindsay Lohan checks herself into a sober living facility, a halfway house. Is it to avoid jail on Tuesday, or could it be a desperate move? Because she`s got that SCRAM bracelet on her ankle. And if that goes off between now and when she goes to jail, can you even imagine what her jail time could be?
I want to go out to Ellie Jostad, NANCY GRACE producer. Ellie, let`s go back to the beginning. What are the charges that she actually pleaded guilty to and no contest to that she`s now violated the probation on?
ELLIE JOSTAD, NANCY GRACE PRODUCER: Right. Well, she pled no -- or I`m sorry, she pled guilty to two counts of misdemeanor DUI. She pled no contest to two counts of driving with a blood alcohol level over .08. She also pled no contest to a reckless driving charge.
CASAREZ: All right, to Kristina Wandzilak, interventionist, founder of Full Circle Intervention. Do you think that`s a possibility, that she went to this halfway house because if she doesn`t stay sober, she`s not going to be in jail for three months, she`s going to be in jail for probably up to two years. You think that`s a possibility here?
WANDZILAK: Sure. I`ve had -- I`ve had many clients over the years do something similar, absolutely, trying to get some support, maybe some shelter, maybe a place to be as she prepares for the next phase.
CASAREZ: But here`s the problem. Let`s look at the reality. There is not -- there is success in halfway houses, but there`s a lot of non- successful participants, too, because it`s such an open facility and people bring things in. Can`t people bring things in to her? And I`m talking now about prescription drugs.
WANDZILAK: Of course. And to be clear, to be very clear, as I was earlier, where she is, is not a treatment facility. This is a sober living environment. So you have people coming and going. The fact that her mom came and stayed the night, that her little sister came, that her ex- girlfriend came -- I mean, these are things that would not happen in a residential, clinically sound program. So let`s be clear about that, that absolutely, people could bring things to her. She can go out and get loaded. But you know, at this particular point, I -- you know, it`s definitely a step toward a better solution than where she has been. That`s for certain.
CASAREZ: All right, let`s go out to a caller. Elizabeth in Indiana. Hi, Elizabeth.
UNIDENTIFIED FEMALE: Hi, Jean. Your coverage from overseas was award-winning.
CASAREZ: Thank you.
UNIDENTIFIED FEMALE: Thank you for taking my call.
CASAREZ: Thank you very much, Elizabeth.
UNIDENTIFIED FEMALE: I`ve been a registered nurse for 33 years, and I understand the entire scenario. But to put a young woman who is on a dry drunk of drugs in a sober house, I don`t know what Shapiro is thinking.
CASAREZ: OK. Elizabeth, that is such a good question. I want to go out to our doctor tonight, Dr. Glenn Kolansky, board-certified physician. Dr. Kolansky...
DR. GLENN KOLANSKY, PHYSICIAN: Hi.
CASAREZ: ... Elizabeth brings up something I think that`s so important. She`s on all these prescription drugs. And we can review what they are. In fact, let`s do that first. Ellie Jostad, tell us -- give us the list of the prescription drugs she`s on that she can take because it doesn`t violate the probation.
JOSTAD: Right. Right. According to her probation report, which we got our hands on, she`s taking Nexium, Zoloft, Trazadone, Adderall, and sometimes Dilaudid for dental pain.
CASAREZ: All right. Very good. Back to Dr. Kolansky. Now, if she suddenly goes into a facility where she can`t take these as she wants to, can`t there be a medical issue there?
KOLANSKY: Well, I -- hi. I actually believe that there -- she can go through an antidepressant withdrawal syndrome. She can get hallucinations. She can get agitation, and basically, insomnia. I mean, she`s on multiple medications. She`s on anti-depressants. She`s on sleep (INAUDIBLE) because I also believe she`s on Ambien, according to other reports. And she`s on an upper, Adderall, which is amphetamine. (INAUDIBLE) so basically, she gets up in the morning, she takes a pill to keep her up. She takes another pill to go to sleep.
I think she needs to be in a very closely monitored environment. And I don`t know if prison is one place. There`d have to be a nurse, but being in the present facility she`s in, there is no -- doesn`t appear to be a nurse that`s actually monitoring her medications.
CASAREZ: All right, so when she goes to jail, are they going to just give her free access to this medication, or all of a sudden, is it going to be one a day, something she may not be used to?
KOLANSKY: I mean, it makes sense to me that the prison is going to have a nurse that`s going to monitor her behavior and monitor when she`s getting the medications, not hand her the bottles.
CASAREZ: And then she may...
KOLANSKY: And she could take it freely.
CASAREZ: ... have withdrawals and then she may be able to go into the medical facility at the jail, which will be much better conditions.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I couldn`t have been more clear.
LOHAN: As far as I knew, I was being in compliant with my program.
UNIDENTIFIED FEMALE: Her attitude looks like somebody who cheats, doesn`t think it`s cheating unless they get caught.
LOHAN: I just try to not acknowledge it.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
LOHAN: My life is out there. And I -- it comes with the territory of being in the business, so -- and I wouldn`t give it up for anything.
UNIDENTIFIED FEMALE: She`s supposed to report to court on Tuesday.
LOHAN: Why wouldn`t I want to be here?
UNIDENTIFIED FEMALE: She`s supposed to go directly to jail from there.
LOHAN: I`m afraid to think about it.
GRACE: ... voluntarily checks herself into a rehab...
LOHAN: I want to be a good role model.
GRACE: ... a posh rehab...
LOHAN: It`s just really relaxing.
What am I supposed to do?
GRACE: ... in the hopes of avoiding heading to jail.
LOHAN: I know it`s true and they know it`s true.
GRACE: She`s got to go to jail next week.
LOHAN: The day that it happens, tell me because I don`t think it will.
(END VIDEO CLIP)
CASAREZ: I`m Jean Casarez of "In Session," in for Nancy Grace tonight.
Out to Sheryl McCollum, crime analyst, cold case squad, Pine Lake PD. You know, I think one of the biggest jolts for her when she enters jail or rehab, if she enters jail, is going to be the prescription medication because it`s not a violation of probation to take it and she freely takes it now. What do you think`s going to happen?
SHERYL MCCOLLUM, CRIME ANALYST: There`s no question she`s going to jail. Let me say that. She`s either going next week or she`s going to go very soon. But yet, in jail they`ve got a nurse. The nurse has a cart with everybody`s prescriptions, and they make their rounds. She is not going to have anything freely, you know, at access at all. And you`re talking about a situation -- Jean, this has been going on for three years. There`s no way that judge is not putting her in jail. She made it very clear. I saw the tape. That judge -- she is not going to be made a fool of, I`ll tell you that right now.
CASAREZ: That`s right. That`s right. We all saw the tape, right? To Melissa in New York. Hi, Melissa.
UNIDENTIFIED FEMALE: Hi. Thank you for taking my call.
CASAREZ: Of course. Your question?
UNIDENTIFIED FEMALE: My question -- I really do think that jail would be the best option for her right now. (INAUDIBLE) if there`s any opportunities for a start-up rehab program for her while she`s in prison?
CASAREZ: OK. Good question. To Randy Kessler, defense attorney out of Atlanta. What about that? When she`s in jail, they do have a rehab facility inside the Lynnwood Correctional Facility for women. But could a judge ever sentence her to rehab first, detox first in a hospital, and then rehab, and then as a sober person go to jail and serve time after that?
KESSLER: Well, the judge had a lot of options, but that`s not the option the judge chose. You know, we all have clients like this, or sue them civilly. And the judge hangs jail out there as a threat, saying, Behave, go to rehab voluntarily, get on the straight and narrow, or you`re going to jail. She`s at the end of that road and the judge decided it`s time for jail.
(BEGIN VIDEO CLIP)
LOHAN: Everyone has ups and downs.
UNIDENTIFIED MALE: Lindsay Lohan lashing out against her 90-day jail sentence.
LOHAN: I will come back here making you happy, and the court system.
UNIDENTIFIED MALE: ... cruel and unusual punishment.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: We`re hearing Lindsay Lohan has hired a new attorney.
UNIDENTIFIED FEMALE: As far as I knew, I was being in compliance with my program.
UNIDENTIFIED MALE: TMZ is reporting Robert Shapiro will represent her.
UNIDENTIFIED FEMALE: It`s 90 days in jail.
UNIDENTIFIED FEMALE: It`s just been a long haul.
UNIDENTIFIED MALE: Lindsay Lohan was sentenced to 90 days in jail followed by 90 days in rehab.
UNIDENTIFIED FEMALE: I don`t see what reason I`m going to prison.
UNIDENTIFIED FEMALE: Yes, I`m that girl.
UNIDENTIFIED FEMALE: Nobody`s perfect. Everyone has their ups and downs.
UNIDENTIFIED FEMALE: I don`t want - I don`t want you think that I don`t respect you.
UNIDENTIFIED FEMALE: For not taking things seriously, her noncompliance.
UNIDENTIFIED FEMALE: His plan is not to appeal her 90-day jail sentence for a probation violation.
UNIDENTIFIED FEMALE: And I respect that.
UNIDENTIFIED FEMALE: The judge just doesn`t buy that at this time.
UNIDENTIFIED MALE: TMZ source says Shapiro will try to place Lohan in a rehab facility and either eliminate or minimize jail time.
(END VIDEO CLIP)
CASAREZ: I`m Jean Casarez of the Legal Network "In Session" on the TruTV Network in for Nancy Grace.
Lindsay Lohan has checked herself in to the Sober Living Facility, which is a very good thing, right? But, is she going it because she won`t have to go to jail on Tuesday because it`s quite a coincidence that July 20th, on Tuesday is the date for her to go to jail.
Now remember, she pleaded guilty in 2007 to two DUIs. Now, two things you might not remember. Number one, it was cocaine that was the drug of choice. Number two, it was misdemeanors that she pleaded guilty to.
Let`s go now to Kim (Serafin), senior editor of "In Touch Weekly," what`s the buzz out there in Los Angeles right now.
KIM SERAFIN, SENIOR EDITOR, IN TOUCH WEEKLY: Well, obviously, the question I think everyone is asking is, is she going into the Sober House because she really want is really serious about getting straight, really serious about taking responsibility for things or is she doing this just so she can get out of going to jail or try to reduce the jail time or is it a combination of both of those things, which it probably is.
You know, obviously, she did go to rehab three times, as you mentioned going back three years ago. So this is really the fourth time she`s doing a rehab or in this case, a Sober House. But, you know, is she really serious about this? What will happen next? Will she actually go to jail on Tuesday? Will Robert Shapiro get in there?
Now, he has said in his statement, one of the conditions taking her on as a client was that she would have to do the probation time and also the jail time, whether it`s the 90 days, who knows. Who knows if he`ll be able to change that around, but obviously, rehab is a step in the right direction. That`s what Michael Lohan has been saying for a long time that she has need.
CASAREZ: All right to Marco Gonzalez, reporter of X-17online.com, you broke the Pickford lofts, the Sober Living House that Lindsay Lohan had actually checked herself in. Gymnasium, recreational facility, the building provides four self-contained lofts with a kitchen, hardwood floors, laundry. The building has central air condition, shared gymnasium and a recreational facility.
So what she`d do in there right now and who are her visitors been?
MARCO GONZALEZ: Well, it sounds kind of like a hotel as you`re describing it, Jean, really doesn`t it? This is a sober house. I mean, she needs a rehab facility. She`s been inside this sober house for a couple of days, but we`ve got footage of her leaving in and out.
I mean, it`s way too lax. She`s had visitors, as we mentioned, Samantha Ronson was there until 4:00 last night. Ali has stayed, her younger sister, and Dena. So there isn`t really strict rules and that is what she needs. She needs to be held accountable.
Rehab hasn`t worked in the past and you know, Michael Lohan, her dad has said all along that a sober house is not rehab. Rehab is what she needs, not jail. A sober house is for someone who is out of rehab. You know? So it`s all backwards and people need to direct her a little bit better.
CASAREZ: To Defense Attorney, Alex Sanchez in New York. Now, let me tell you what`s going to happen on Tuesday? Remember how Paris Hilton went and checked herself in to jail the night before in the middle of the night. Not going to happen that way on Tuesday.
The judge is going to take the bench and Lindsay Lohan is going to have to go into court. She will be remanded into custody so the judge can talk to her. The attorneys can argue at that point. But I want to ask you, is there going to be any impact do you think on the judge from, number one, the sober house facility.
Number two, the judge, who made a public statement after last hearing saying she saw exactly, which was on her middle fingernail that she was aware of it and the fact that there has been so much controversy and words about the judge. Any impact on her honor on Tuesday?
ALEX SANCHEZ, DEFENSE ATTORNEY: I think if Lindsay Lohan was trying to impress the judge by going into the sober house that was a big mistake. She needs to go to into some type of boot camp facility.
You know, let her rough out with a proletarian and maybe that will impress the judge. By the way, I disagree with my fellow attorney here that she`s definitely going to go to jail.
There is what I would call a nuclear option. What do I mean by that? Her attorney can go into that court on Tuesday and say, Judge, we have a proposal which we would ask you to accept.
If you allow Lindsay Lohan to go unto a 90-day facility and see if she`s successful, give her that opportunity. If she fails, she will accept a year in prison.
Now, the judge may say, OK that`s a bet I`m willing to take and the prosecution may say that I would recommend that her attorney go in and make that application and give Lindsay Lohan a chance to try to rehabilitate herself at a legitimate facility.
CASAREZ: To Denise in Mississippi. Hi, Denise. Good evening.
CALLER: Hi, Jean.
CASAREZ: Your question?
CALLER: I have a comment about the fact she`s prescribed Dilaudid. I mean, this drug is stronger than - it`s like heroin. It`s stronger than morphine. I`m on kidney dialysis and I can`t even get prescribed Dilaudid. And the fact that she gets this for dental pain is absolutely makes me furious.
CASAREZ: To board certified Dr. Glenn (Kolansky), your response to Denise in Mississippi?
DR. GLENN KOLANSKY, BOARD CERTIFIED PHYSICIAN: I certainly agree with you. I think that, you know, certainly her star status and her -- allows her to get more medications than the average person and does really even have dental pain?
I mean, she`s on a midriatrive (ph) of multiple medications. I think people are overprescribing medications for her. I certainly agree with this. That she should limit the amount of medications she`s getting.
CASAREZ: All right, to Sherry in Texas. Hi, Sherry.
CALLER: Hi, Jean. I love what you did in Peru, but I`m a jailer here in Houston, Texas. What we do to prisoners who come in heavily addicted to drugs, we put them in the medical ward first.
Now, Lindsay may spend 23 days in jail, but those 23 days may be in the medical unit. She will not be prescribed the Dilaudid. She would be prescribed medications to prevent her from going into seizures and things like that. But she will still be in jail. It`s -- it`s a hospital setting, but it is jail.
CASAREZ: That`s very interesting. Sherry, what do the cells compare to if she was in regular jail? Is it a more cushy environment?
CALLER: No, it`s a bunk. It`s just like -- just like a cell, but you have nurses that come around, take your blood pressure. You`re given a sack lunch. That is baloney and cheese that`s been there for two days. You`re treated exactly like a prisoner until you are able to go in to population and then she would be put in protective custody, which is a one- man cell.
CASAREZ: All right, Sherry in Houston, Texas. All right, Sherry, Houston, Texas. Thanks so much. That`s really valuable.
To Randy Kessler, defense attorney out of New York. You know, the judge sentenced her and is ordering her to spend three months, but let`s look at the history, all right?
Paris Hilton, she was sentenced to 45 days. She served four days and the Los Angeles County sheriff brought her out and then a judge said, huh- uh. She`s going to serve more time. She went back in a total of 23 days.
But then we`ve got Nicole Ritchie that served 82 minutes. How long is she going to serve, Lindsey Lohan in jail. Is it going to be in and out?
RANDY KESSLER, DEFENSE ATTORNEY: No, I don`t think it`s going to in and out. I think she`s going to be there. I think this judge feels like she needs to hit rock bottom. She`s not yet hit rock bottom when she goes to jail.
CASAREZ: But here`s the problem, the jail has the jurisdiction. Once she enters the facility, they call the cards.
KESSLER: Well, the judge ultimately has the authority to correct the jail, just like they did with Paris Hilton. If that happens, I imagined the judge is going to step right back in. This judge is not shy about saying what she wants to happen, about making it happen.
With respect to Alex Sanchez is suggesting the nuclear option. You know, I think we have to give a lot of trust and credit to Robert Shapiro. He seems like the right person for the job. He`s been there personally and professionally. He`s taken the role not just as attorney, but attorney and counselor.
I think he`s looking at the big picture. I think we`ve to be governed by what he thinks is best for his client because he knows her better than we know her or better than anyone else knows her. He`s got a plan. I think his plan is probably the best shot of Lindsay Lohan coming out on top.
CASAREZ: To Ellie Jostad, Nancy Grace producer. There`s a very emotional element to Robert Shapiro representing Lindsay Lohan. Tell everybody about that.
ELLIE JOSTAD, NANCY GRACE PRODUCER: Well, that`s right, his son, Brent, died of a drug overdose in 2005. He actually founded a foundation named after his son, the sober living facility that Lindsay is in right now is part of that.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Thirty days in jail on the DUI case.
UNIDENTIFIED FEMALE: I wasn`t missing a class.
UNIDENTIFIED FEMALE: Ninety days in jail.
UNIDENTIFIED MALE: Final moments of freedom.
UNIDENTIFIED MALE: The judge was very unforgiving.
UNIDENTIFIED FEMALE: I got into this.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: You have always been the topic of the headlines, constantly.
UNIDENTIFIED MALE: Breaking news -- Lindsay Lohan --
UNIDENTIFIED FEMALE: Sober house?
UNIDENTIFIED MALE: Not really a rehab facility.
UNIDENTIFIED FEMALE: Pickford Loft.
UNIDENTIFIED FEMALE: She checked herself in last night.
UNIDENTIFIED FEMALE: I want to be a good role model.
UNIDENTIFIED FEMALE: The hope is that the judge will lessen her sentence or eliminate it all together.
UNIDENTIFIED MALE: That`s another slap in the face of the judge.
UNIDENTIFIED FEMALE: I think she`s trying to do is avoid jail time.
UNIDENTIFIED FEMALE: This is more like a Posh resort. It`s cushy.
UNIDENTIFIED FEMALE: It sounds like a big sleepover.
UNIDENTIFIED MALE: She`s a drug addict. She needs help and all she is getting is more prescriptions from more doctors.
UNIDENTIFIED MALE: The people around Lindsay are just after the wrong reasons. They enable her.
UNIDENTIFIED FEMALE: Shapiro is no idiot.
UNIDENTIFIED FEMALE: Anything to avoid jail.
UNIDENTIFIED FEMALE: You feel like, that will never happen to me.
UNIDENTIFIED FEMALE: She`s got to serve her time.
UNIDENTIFIED FEMALE: I guess it`s -- it`s really all I had to say. It`s just been such a long haul and I don`t want -- I don`t want you to think that I don`t respect you and your terms because I really do think that I was doing what I was supposed to do. Even with all my heart.
(END VIDEO CLIP)
CASAREZ: I`m Jean Casarez of "In Session" in for Nancy Grace tonight. Sober living house in Los Angeles, a spacious dining area, additional counter seating opens to a newly remodeled, fully stocked kitchen that includes top and bottom refrigerator, double sinks, and four wood burning range tops and the oven.
The appliances and the sink, they`re stainless steel. To Ellie Jostad, we have heard while she`s in the sober living house that she`s actually tweeting on the internet. It says internet service is provided for everyone who goes there. What`s she tweeting?
JOSTAD: Right, well, she`s actually signed up to work for this company that distributes anti-virus software. She says don`t click on these links you see online. They could introduce a virus in your computer. Instead follow my twitter feed and get the news directly from me.
CASAREZ: OK, so that`s while she`s been at the sober living house. To Michelle Golland, psychologist and expert on momlogic..com, what does that tell you about someone that is in a home to change their life, but they`re tweeting?
MICHELLE GOLLAND, PSYD., PSYCHOLOGIST AND EXPERT ON MOMLOGIC.COM: Well, again, I think what I`ve seen in Lindsay is that she really is what I call sort of a shell of a person at this point. Her whole life has been capped in the public eye and everything is reflected back to her by others.
And I actually agree with the attorney, that Robert Shapiro may be the one that could actually step in and take control and set the boundaries that need to be set in a very strong way.
CASAREZ: Kristina Wandzilak, interventionist and the founder of Full Circle Intervention. You`re also the host of TLC`s "Addicted." Really great to have you on tonight.
You know, we know hitting bottom. That`s what it takes as hitting bottom. She`s been to three rehab centers, one being Sirk Lodge in Colorado and then two in California. What does it take to hit bottom? Is she there yet?
KRISTINA WANDZILAK, INTERVENTIONIST; FOUNDER OF FULL CIRCLE INTERVENTION; HOST, TLC`S "ADDICTED": It takes an addict feeling the natural consequences of their addiction. That`s what it takes. So if going to jail is what she needs, if going to treatment is what she needs, it`s all -- it`s an accumulative effect.
Essentially hitting bottom is when an addict comes to the place that no one is coming to save them. That it`s not about Hollywood. It`s not about managers or handlers or parents or anything else, that there`s no one that`s coming to save me, no one`s going to save me from this. And if I`m going to change my life, I`d better wake up and start paying attention.
CASAREZ: Boy, that`s reality, isn`t it? Karla in Michigan, I want to get you calling, Karla?
CALLER: Hi, Jean.
CASAREZ: Hi.
CALLER: I wanted to say, it`s not only obvious that Lindsay Lohan is an addict, but it`s obvious she`s mentally unstable as well. I was wondering do you think with the media depicting her so negatively all the time that could be adding fuel to the fire with her problem.
CASAREZ: To Dr. Michelle Golland, does that have an impact on someone?
GOLLAND: Of course, it does. Of course, it does.
CASAREZ: How do you get away with it -- from it?
GOLLAND: Well, I guess you shut it down. You -- you actually also then start behaving appropriately and I think Kristina is absolutely correct. This bottom, which I think Robert Shapiro --
CASAREZ: You know, Michelle, hold on just a second -- this picture right here, last night as a fan of this show, I`m watching the show. I saw that picture and I saw Nancy say, take it down. I say keep it up because I want to know what is that picture? Very quickly, Ellie Jostad, what`s this picture?
JOSTAD: Right, this is a new movie coming out called "Machete." It`s a Robert Rodriguez movie. Lindsay apparently plays this gun-toting nun in the movie. However, she`s been cut from the promos.
CASAREZ: I see why Nancy said take it down because as role model to children, you don`t do that with the gun. That`s not the lesson you teach. Nancy, in your honor, take it down, all right? Angie in Iowa. Hi, Angie?
CALLER: Hi. Hey, Jean, I wanted to talk to you. I`m a big fan of yours and Nancy`s.
CASAREZ: Thank you, your question, Angie?
CALLER: My question is why are you making such a huge deal out of what is likely to be only three weeks in jail and she`s behaving like it`s going to be like three years in prison.
And Paris Hilton eventually woman up and did her time, which was about the same, about three weeks in jail. She did her time. She moved on. Why doesn`t Lindsay just do her time and move on with her life.
Sheryl McCollum, crime analyst, director of "Cold Case Squad Pine Lake PD," why is she making such a big deal. It could be much, much worse.
SHERYL MCCOLLUM, CRIME ANALYST, DIRECTOR OF COLD CASE SQUAD, PINE LAKE POLICE DEPT.: It could be a whole lot worse, but the reason she is, is because she`s an addict. She knows she cannot go and you know, feel healthy and be OK. She knows it.
CASAREZ: Well, we want the best for her. We really, really do.
And now tonight`s CNN Heroes.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: Right now, I`m heading out to the corner of cruelty. It`s basically a dumping ground for live and dead animals.
The first time I ever went to the corridor, I realized there were strays everywhere, so many dogs that were starving, dogs with broken legs. And I prayed and I prayed that somehow I could be inspired to do something, to help.
I`m Deborah Hoffmann, and my calling in life is to save neglected, abused, and abandoned animals. This street is one of the major dumping grounds. We`ll find dogs that we believe were used in dog fighting in large trash bags.
UNIDENTIFIED FEMALE: This is smelly back in here. Deborah Hoffman was a person who brought to our attention the fact that the corridor of cruelty even existed. This area seems to have more criminal activity associated with animal cruelty.
UNIDENTIFIED FEMALE: We think this one was used for dog fighting. He was pretty beat up when he came in.
UNIDENTIFIED FEMALE: Deborah is saving the animals and because of her, there are some happy endings in this situation.
UNIDENTIFIED FEMALE: She brings a lot of joy in my life. He`s a good boy.
UNIDENTIFIED FEMALE: It`s truly a miracle, taking a dog like Lotto in that bad of condition off the streets, then putting him in a loving home with someone like Joan.
UNIDENTIFIED FEMALE: Come on, Cody. This is what I`m going to do the rest of my life. When I`m 85, I`ll be on my laptop trying to save an animal from my rocking chair.
(COMMERCIAL BREAK)
CASAREZ: And now a look back at the stories making the headlines this week.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You have no -- soul! You can`t give a --
UNIDENTIFIED MALE: Mel Gibson in trouble again.
UNIDENTIFIED MALE: I left my wife because we had no spiritual common ground. You and I have none. Zero.
UNIDENTIFIED MALE: He`s being investigated for a possible domestic violence incident involving his ex-girlfriend.
UNIDENTIFIED MALE: You and I have none.
UNIDENTIFIED MALE: Terry, do you know why (Kyron) is?
UNIDENTIFIED MALE: You tell the world something? Can you please tell the world something?
UNIDENTIFIED FEMALE: Shocking new allegations.
UNIDENTIFIED MALE: An alleged love triangle ignite shockwaves.
UNIDENTIFIED MALE: Authorities alleged Cook and Terri Horman have exchanged sexually graphic text messages.
UNIDENTIFIED MALE: Stepmom accused in a secret affair with her husband`s long time friend.
UNIDENTIFIED MALE: His estranged wife has attempted to abduct their 20-month-old daughter.
UNIDENTIFEID FEMALE: I just really want her to do the right thing.
UNIDENTIFIED MALE: Police have arrested a California man after he allegedly beat his wife for talking to a, quote, "unauthorized man," then duct taped her and confined her to the bathroom of their home. Police were called after the wife`s friend found her bound and beaten in the bathroom.
UNIDENTIFIED MALE: Lindsay, are you worried about going to jail at all?
UNIDENTIFIED FEMALE: I wasn`t expecting any special treatment.
UNIDENTIFIED FEMALE: Lohan allegedly told friends, quote, "I`m not going to jail."
UNIDENTIFIED MALE: Robert Shapiro.
UNIDENTIFIED FEMALE: His plan is to not appeal her 90-day jail sentence.
UNIDENTIFIED MALE: The performance that she gave in court was Oscar worthy.
UNIDENTIFIED FEMALE: I don`t want you to think that I don`t respect you.
UNIDENTIFIED MALE: And then she walks right out of court after she tells the judge she respects her and calls her an -
UNIDENTIFIED FEMALE: F--ing b-i-t-c-h.
UNIDENTIFIED FEMALE: Miracle, police say a little girl -
UNIDENTIFIED MALE: Her name is Amber Rose Nicholas.
UNIDENTIFIED FEMALE: Who was abducted almost seven years ago. When she was one, has been found alive in Phoenix, Arizona.
UNIDENTIFIED MALE: Nicholas was found with foster parents in Norwalk, California when she was allegedly -
UNIDENTIFIED FEMALE: Kidnapped in September 2003 from a Chuck Cheese.
UNIDENTIFIED MALE: Police say they found Amber Rose Nicholas at a home in a show under a pile of clothes and towels.
UNIDENTIFIED FEMALE: There is a God.
(END VIDEOTAPE)
CASAREZ: Tonight, let us stop to remember Marine Lance Corporal Phillip Clark. He was just 19 years old from Gainesville, Florida. Served in Afghanistan. He was awarded the Purple Heart, the National Defense Service medal, NATO medal and Combat Action Ribbon. He`s have from a military family of vets. He loved time with his dog, Roxy, football, weight lifting.
He dreamed of starting a family after deployment with his new wife. He leaves behind his parents, Mike and Rosemary, stepmother Tammy, brothers Tyler, Kyle and Ryan, widow Ashton. Philip Clark, an American Hero.
Thank you so much to all of our guests and with you at home for being with us tonight. See you tomorrow night 8:00 sharp Eastern until then, good night, everybody.
END
