By Claudia Rosenbaum and Peter Gicas, Eonline
While Lindsay Lohan's attorney, Mark Heller, had filed a motion earlier in the week requesting that his client's ongoing probation violation case be put on the "slow track" in order for the troubled actress to pursue "certain activities which will benefit her," Judge James Dabney denied the motion during a hearing at a Los Angeles courtroom on Friday morning.
Reuters
A Los Angeles judge has denied a motion to put Lindsay Lohan's probation violation case on the slow track.
In addition to denying the lawyer's request for a continuance, the judge also denied Heller's motion to suppress evidence as well as dismiss charges against Lohan stemming from a June car crash in which she is accused of lying to police that she wasn't behind the wheel.
Lohan's trial is still set for March 18.
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"The file is quite voluminous for a misdemeanor," Dabney remarked as he started the hearing. "The problem I see with the motions...is they appear to be lacking in conformity with California procedures and that concerns me."
Dabney pointed out that in Heller's motion, he cited cases in his brief that are not on point and that a motion to dismiss should have been filed at arraignment and not now.
"You have blown through these procedures and cannot raise them now," the judge told Heller.
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Heller argued that he only recently took on Lohan's case and that these arguments are universal and he has used them in his 44 years of practicing law. Heller then talked about the "substance" of representing his client. Dabney also expressed concern that Heller did not have sufficient guidance.
"I am concerned because you have brought in someone that has no background in criminal law and you do not practice in criminal law," Dabney said. "So when I see motions that do not confirm with California court, that is a concern."
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As for Heller's motion for a continuance, asking to move the case to the first week of April, Judge Dabney also denied it.
"I need to have good cause," Dabney said. "I see no reason to put the trial over. And we should keep the March 18 date."
Terry White, attorney for the city of Santa Monica, told the court that the city of Santa Monica is prepared to begin this trial on March 18. White said Heller had no "good cause to ask for a continuance."
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Heller insisted "justice is always tempered with mercy and compassion," and said it appears that the city attorney does not believe Lohan deserves "mercy and compassion."
"She is worthy of mercy and compassion, in the interest of justice and to afford the defendant the benefit of doubt," Heller said.
Heller and White, however, do appear to be engaged in settlement negotiations.
Judge Dabney also sternly told Heller he either needs to get someone competent in California criminal procedure or "Miss Lohan is going to have to come in here and waive her right to have competent attorneys versed in California law and procedure."
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Meanwhile, Lohan herself was nowhere to be found in court today, despite Heller telling E! News on Wednesday that he expected his client to appear.
"At this point, we do believe she will be in court with me," Heller said.
It turns out, though, that Lohan opted to skip the hearing and stay in New York City, where she was spotted clubbing at Bow on Thursday night.
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