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EXCLUSIVE: Charlie Sheen's Defense: It Never Happened

Mar. 11 2010, Published 1:05 p.m. ET

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With a plea bargain increasingly looking unlikely, has learned exclusively that Charlie Sheen’s defense in the domestic violence case against him in Colorado will be: It never happened.

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That’s the key to freedom for the Two and Half Men actor, according to sources close to the case.

Charlie is facing one felony and two misdemeanor charges. Since his Christmas arrest he has entered rehab and so has his wife Brooke Mueller.

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But Brooke left rehab and is being treated at home, according to her lawyer. She has an addiction to crack and also suffers from alcoholism.

Charlie will be able to use his wife’s problems at trial, sources close to the case told

Brooke told police that Charlie held a knife to her throat and threatened to kill her.

“Charlie is going to contend that everything Brooke told police isn’t true – that she was out of her head, that she was so messed up she didn’t know what was going on,” one source said.

“She partied hard before the incident. She drank heavily and she smoked crack. And Charlie is fully prepared to use that as part of his defense. Considering the fact that she went into rehab after the incident, Charlie’s argument is going to have a lot of weight.”

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The other thing Sheen has going for him is Mueller does not want to cooperate with prosecutors. And while she has to be careful about backing off her story because she could be prosecuted for making false statements to police, she also does not have to cooperate with prosecutors.

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Colorado has cracked down on domestic violence cases and won convictions without the testimony of the beaten spouse but this case is more difficult for prosecutors because Mueller’s heavy drug and alcohol usage at the time of the incident will harm her credibility.

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“We’re not talking about someone who had a few drinks,” the source said. “We’re talking about someone who was wasted at 8 in the morning and who smoked crack. That’s going to kill her credibility and Charlie knows it and he’s going to use it.”

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Sources also told that if prosecutors offer Charlie a plea bargain involving only a misdemeanor charge he would likely take it. But prosecution sources have told that they will not offer any deal that doesn’t include the felony charge.

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With that scenario playing out, Charlie has already readied his strategy for the upcoming trial and even if he doesn’t testify his lawyers will be instructed to argue that Brooke’s charges were the result of her drugged and drunk state and no domestic violence occurred.



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