In court Friday, Mark Heller's motion to dismiss Lindsay Lohan's upcoming misdemeanor trial was denied.
Judge James R. Dabney found Heller to be incompetent regarding this particular case, ordering an absent Lindsay to either find another or waive her right to a competent CA lawyer.
Just to reiterate — BURRRRNNNN!!!!
Heller's motion to dismiss was based off his claims that Lindsay was not read her Miranda rights, but insufficient evidence resulted in a huge NO from Judge Dabz.
Discouraged but determined, Heller then tried pushing his luck by requesting the March 18 trial be postponed until the first week of April.
Again, the judge raised his brows and served another dish of denial.
Following the hearing, Heller spoke at a press conference to ensure the press that he would "tenaciously clear all legal paths that are in Lindsay's way," so that she could be one step closer to a resolution.
Quoting Ben Affleck's Oscar speech (he's sooo Hollywood now), he noted that it isn't how you "get knocked down in life, what really matters is that you have to get up."
He spoke at length (understatement) about the judicial system working to afford his defendant reasonable doubt and maintained "justice will be best served as a result of a team effort."
So basically he wants everyone to LEAVE LINDSAY ALONE!!! The haters should give her one last chance, he says! LOLz!
In fielding questions from the press, he explained in further detail his motion for particulars. He revealed that he will be seeking an investigation into Lindsay's treatment by the police following the accident.
Heller asserts that police cornered Lindsay while she was receiving medical attention and unlawfully interrogated her without reading her Miranda rights. When asked about Lindsay seeking treatment at rehab, he revealed that Linds is currently receiving the "benefit of one-on-one psychotherapy" to better learn how to emotionally navigate her life.
He insisted that she does not have a problem with alcohol and drugs, but that she is dealing with "other types of issues" which she is trying to resolve through her therapy and other important projects such as her recent pledge to mentor autistic individuals.
In addressing the judge's concern that he is unfit to represent Lindsay, due to his lack of knowledge in California legal proceedings, he revealed that he has a local attorney and other counsel that will assist him during the trial. He added that Linds is committed and loyal to him, being responsive to all of his actions up to this point.
Long-winded heroics aside, we sincerely Mark takes the next two weeks to familiarize himself with California procedures so that he can effectively defend Lindsay.
Lord knows she needs it!!!
[Image via WENN.]
Tags: court, legal, lindsay lohan, mark heller, press conference