Earlier, it was reported that Mark Heller, Lindsay Lohan's new lawyer, had made a major FUBAR. He sent along a personal note to prosecutors (notably, not the judge) with along with a filing he made, a definite no-no. On Friday, he was told what the judge thought of him and his filing: Judge Jim Dabney called Heller incompetent.
It had to be embarrassing for Heller, and it was caught on video, to boot.
Judge Dabney was quite clear with Heller: He told Lohan's new attorney he was incompetent to practice law in California and said that Lohan either has to get another lawyer who knows what he's doing or she has to come into court and waive her right to a competent California lawyer. Lohan was not required to show up at the Friday pre-trial hearing, but will be required to show on March 18, when the trial takes place.
Dabney told Heller he that the legal filing he made did not follow California law -- Heller is, after all, not even licensed to practice law in California -- he had to get a California sponsor in order to represent Lohan. As Dabney noted, though, that sponsor, Lindsay Berger Sacks, did not appear either. Of course, since she was reportedly inactive for 17 years until just recently, it probably wouldn't have mattered.
With the documents screwed up, Heller's motion to dismiss the charges was denied. It's unclear it would have gone anywhere anyway, as it was based on Lohan not being read her Miranda rights. However, since she had not be arrested, she wouldn't have had to had her Miranda rights read.
Judge Dabney didn't stop there. He continued to harangue Heller. Meanwhile, prosecutor Terry White doesn't have any issues, either with the judge or with the law. He made it clear: He's all set to go for Lohan's trial, which begins on March 18. That trial is over Lohan's lying-to-the-police case, where she said she wasn't driving her Porsche last year when she rear-ended a truck on the Pacific Coast Highway.
She was, in fact, driving.
Heller was obedient in the courtroom, but exploded outside of it. After asking the judge to show Lohan "mercy and compassion," when he left the courthouse, he immediately addressed Dabney's criticisms. There, he said, "Having become a lawyer over 44 years ago, I certainly know the important issues."
There was no mention made of the ongoing plea bargain negotiations. Heller also added that Lohan is undergoing psychotherapy as well as voluntary drug screening. This, he said, is proof that the troubled actress is trying to get her life straightened out.
The key word, of course, is "trying."
As far as finding a new lawyer to help him, one more well-versed in California legal procedures, Heller said he is still exploring his options.
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