BRAND NEW ON E!
Could Lindsay Lohan's latest home video score her some good reviews?
Or at least a good result at a trial?
With Kamofie Jewelry hawking the surveillance tapes of the Mean Girls ill-fated visit to the Venice show, we wanted to find out how it could affect her chances at avoiding jail.
This is what we learned.
Criminal defense attorney Alec Rose, who's not affiliated with the Lohan case, tells E! News the release of the footage could jeopardize Lohan's shot at a fair trial in her necklace-jacking case.
"People are receiving evidence outside of the courtroom and it could leave Lindsay unable to get a fair trial in her hometown," says Rose. "People would have already made up their minds. You aren't entitled to 12 people who don't know who you are, but you are entitled to 12 people who haven't already decided the outcome."
The lawyer argues the problem lies in the fact that Lohan is not able to defend herself in the media—that as a criminal defendant she cannnot speak out and also hold on to her right not to testify against herself. Anything she says publicly could be used against her by the D.A.
"It leaves her in a one-sided situation," Rose says. "She can't go on the news and give statements on this case."
And not only that, but the defense can undermine prosecutors' arguments by accusing the store of merely trying to captalize on her notoriety.
Neither Lohan attorney Shawn Holley nor the Los Angeles County District Attorney's Office would comment on the sale of the video.
Kamofie sold the footage to the Associated Press, which in turn licensed it to Entertainment Tonight. Images of Lohan have popped up on etonline.com showing her admiring the bauble she is accused of pilfering. More video is due to be screened on the show tonight.
A separate site, necklacevideo.com, launched by a Beverly Hills software company called Spencer & Co. that's affiliated with Kamofie, also plans to stream parts of the security tape.
For its part, the jewerly show is defending its actions.
"Any suggestion that this was a publicity stunt or that there was a profit motive is a distraction from the fact that releasing the tape will allow the onslaught of calls and emails to receive the response as to what is on the video," said a Kamofie rep in a statement. "The tape speaks for itself."
The statement also notes that once the case moves forward, the tapes will become part of the public record and available for anyone to see.
Rose, however, suggests that Kamofie could appear to be cashing in on Lohan, which ultimately could help her.
"It raises the question if all you wanted was justice why did you take money for your video. This could be very upsetting for prosecutors," says Rose. "The D.A. above all does not want to lose control of a case or be forced to dismiss a case because there has now been interference with it or witness cooperation."
We'll see what the jury decides if it gets that far.
So far, Lohan is sticking with her not guilty plea to felony theft. Her legal team has been working with the judge and prosecutor to hammer out a plea deal; however, because she refuses to do jail time—a point neither the judge nor prosecutor appears willing to bend on—the case could wind up going to trial.
We'll have a better idea by Thursday, when she's due back in court.