Radar Staff Reporter
Radar Legal Editor
UPDATE: 2:15 p.m. – D.A. Meyers fighting to stick the felony charge to Lindsay. Judge Sautner denied the motion to dismiss the case, as Lindsay’s attorney had requested
UPDATE: 2:09 p.m. – District Attorney Danette Meyers giving her closing statement. Meyers said, “If surveillance cameras were a deterrent you and I would be out of business, your honor." Meyers says the fact that Lindsay went in at closing time and that her pal Patrick was distracting the owner, are proof Lindsay stole the necklace.
Meyers says it "was brazen for Lindsay to wear the necklace after she took it." Meyers said the bottom line is that Lindsay brought the necklace back because she saw report on Internet about the search warrant.
Follow @radar_online on Twitter for live updates when Lindsay is back in court!
UPDATE: 2:04 p.m. – Shawn Holley is arguing the fact that Lindsay had someone turn the necklace into the police doesn't show guilt, but rather innocence. Shawn now asking Judge Sautner to reduce the charge to a misdemeanor if she doesn't dismiss the case against Lindsay.
Shawn said that Lindsay "had an insignificant criminal history."
UPDATE: 1:53 p.m. – Lindsay’s attorney, Shawn Holley, is asking for the case to be dismissed, because she says probable cause hasn't been met. Shawn says Lindsay didn't intend to walk out of the store with the necklace and that Lindsay didn't try to steal because she knew there were surveillance cameras. "I celebrate this video and I want the court to view it," Holley said.
UPDATE: 1:48 p.m. – The investigating officer has now taken the stand. She says a search warrant wasn't executed because it was leaked on the Internet, when RadarOnline.com first broke the news.
UPDATE: 1:42 p.m. – Court has resumed. Officer Peggy Thusing with the Los Angeles Police Department has taken the stand. This is the cop that Lindsay's assistant, Elinore, turned the necklace in to. Thusing said Elinor turned in the necklace to the LAPD at 8:50 p.m. on February 21, 2011.
Lindsay Lohan's preliminary hearing is on lunch break, but RadarOnline.com has a rundown of what has transpired so far.
Comsooksri testified that Lindsay was in Kamofie & Company on January 18, 2011 where she tried on 18 karat white gold earrings worth $1,180 but failed to take out one of the earrings before trying to leave the store and Comsooksri had to ask for it back.
According to Comsooksri, she sent an email to the store owner that Lindsay had inquired about jewelry, but didn't make a purchase. However, the email did state that Lindsay "forgot she had the earring in her ear" and noted that Lindsay looked in the mirror with the earring on before she tried to leave the store, with hair covering the earring.
When Kaman took the stand she admitted marking up the necklace in question from $850 to $2,500, but testified that Lindsay didn't pay for the necklace and the two had no agreement - and that their store doesn't loan out jewelry.
Kaman said Lindsay and her friend Patrick were in the store for about 45 minutes and it wasn't until 10 minutes after they'd left that she realized Lindsay had the necklace. Kaman said Lindsay had told her she'd be back the next day to purchase a ring, but when she didn't show up, Kaman called the police to report the stolen necklace.
The store owner also testified that Lindsay's assistant, Elinore, called her on February 1, 2011 to try and return the necklace, the same day RadarOnline reported that a search warrant had been issued for the 24-year-old Mean Girls star.
A brown leather necklace and a Cartier necklace that Lindsay was wearing on the day of the alleged theft were admitted into evidence by her attorney, Shawn Holley.
So far it looks like there's sufficient evidence to take Lindsay's case to trial. The issue that's still up in the air though is whether or not it will stay as a felony, or get reduced to a misdemeanor - which is up to Judge Stephanie Sautner.
When court reconvenes they will be calling the investigating officer and officer that Lindsay's assistant turned the necklace over to up on the stand to testify.
As for Lindsay's conservative courtroom couture, the actress told RadarOnline.com she's wearing, "Lanvin vintage pants and Lanvin shoes, a Fendi purse and Wolford top."
What do you think - should Lindsay stand trial for felony theft, or should it be reduced to a misdemeanor?