Video of Lindsay Lohan leaving store with necklace is aired

Lindsay Lohan arrives for a preliminary hearing at Airport Courthouse on Feb. 23, 2011, in Los Angeles.

/ Getty

(CBS/AP) LOS ANGELES - Lindsay Lohan has a starring role in front of the camera - but this kind of footage won't be airing in theaters.

The actress is shown in surveillance video texting and trying on multiple pieces of jewelry in front of a clerk in a Southern California store that has accused her of stealing a $2,500 necklace on Jan. 22.

Pictures: Lindsay Lohan charged with theft

Snippets of the footage, taken in the Venice store Kamofie & Co., were aired by "Entertainment Tonight" on Monday, along with analysis by attorneys not handling the case.

The show obtained nearly 45 minutes of footage from the store's four security cameras, which captured the actress smiling as she entered the Venice shop on Jan. 22. "Entertainment Tonight" said it plans to air footage showing Lohan wearing the necklace involved in her criminal case during a show on Tuesday.

The actress, 24, returns to court on Thursday, when her attorney will tell a judge whether she will accept a plea deal in the felony grand theft case. At her last court appearance, Los Angeles Superior Court Judge Keith Schwartz promised to send Lohan to jail if she accepts a plea deal to end the case early.

The video was sold by a representative of Kamofie to a commercial images unit of The Associated Press, which then licensed it exclusively to "Entertainment Tonight."

Christopher Spencer, a crisis management expert who represents the jewelry store, explained in a statement Monday the reason the footage was sold.

"Most important, we were upset with the various mischaracterizations we were seeing and hearing about the video and its contents, and we felt the video should be allowed to speak for itself," Spencer's statement read.

"There were also many media inquiries asking for release of the video, which is not any sort of secret evidence. The bottom line is we felt there was far too much speculation about the video recording, and that it was right for the public to be able to see the video itself."

A website, necklacevideo.com, has been registered and may be used to stream the video online at a later date.

The footage's release could impact Lohan's criminal case, which is the most serious charge the troubled actress has faced. The surveillance video almost certainly would be aired at a preliminary hearing if the actress decided to fight the case.

Lohan's attorney, Shawn Chapman Holley, did not return phone messages seeking comment.

John Lynch, a district attorney's supervisor who has overseen Lohan's case, said its early release was unfortunate.

"You like to present your evidence in the courtroom," Lynch said. "That just doesn't happen as often as it used to." He noted that he would not authenticate the footage "Entertainment Tonight" aired.

"With regard to the question of Lindsay Lohan's guilt or innocence, we repeat that Kamofie & Co. never gave permission to Ms. Lohan to remove the necklace from the store," Spencer said in his statement. "The rest is up to the jury."

Several defense attorneys contacted by the AP said the release probably benefits Lohan as she seeks to negotiate a better plea deal or will try to prove her innocence.

"I think it gives the defense a plea bargaining chip or a sentencing chip," said Stan Goldman, a professor at Loyola Law School in Los Angeles.

He said the release has complicated the case for prosecutors.

"They had a nice straightforward theft case," Goldman said. "Now they've got something that's really being messed up by the victims in the case trying to get something out of it. You want your victims to be sympathetic."

Criminal defense attorney Mark Geragos, who defended Winona Ryder in her shoplifting case, said, "It certainly lends credence to the defense position that the store created this 'crime' for a promotional opportunity."

Spencer said Kamofie was not seeking to profit from the tape's release. "Any suggestion that this was a publicity stunt or that there was a profit motive is a distraction from the fact that releasing the tape will allow the onslaught of calls and e-mails to receive the response as to what is on the video," he wrote.

29 Photos

Lindsay Lohan charged with theft

[oh_henry_oh]

Look, she may well get off -- this time.

But this girl is a walking, breathing train wreck and as sure as Charlie Sheen takes drugs and sleeps with prostitutes, Ms. Lohan is going to get into serious trouble again.

For her, it's like breathing.

Now if only we could figure out how to introduce..., nah, it won't work.

Just possibly though (I'm serious here,) a wise Judge will put her in jail instead of allowing her to remain free on bail. For now that's the only way she's going to get actual time. Time measured in months.

[BOBW5BW]

Yes I too was hoping she would go to jail but not this time as both parties in the case are just awful!
Why do the filty rich need to steal petty items?
Why do the filty rich that have limo's and Drivers get DUI'S?
Wish I could feel sorry for them but I can not!

[BOBW5BW]

Well the store had a good case but not anymore!
No jury will convict now?
Selling the video for $40 grand!
Come on, when they go to court how can the store say the were hurt, harmed or had a loss when they just made $40K on a $2600 Dollar Necklance?
Besides the Defense will just say she forgot she had it on or took it as the Clerk
did not say anything about it as she left the store!
This is all a setup! All the store had to due is call her and or her agent and say they wanted the necklace or the $2600 and that they had her on Video! The store did all of this for the money and the Publicity! I dont care for Lohan but she will win this one!
The store had no intrest in getting their necklace or the money as they knew they could get a lot more money and free million dollar publicty by going public! Both party's in this case are wrong!

[confused2byu]

Heard the store made 40K on the sale of the video. The judge should throw out the case since the store profited from the theft. Li Lo would not have been arrested if the store had not pressed charges. So making 40K off a $2500 theft should void their complaint and Li Lo should be able to keep the necklace. Which would suck because I was hoping she would go to jail.

[antoniof123]

Beyond a resonable doubt.

Not going to happen with this video out like this for a profit.

[dogsoul]

...well, think of it from the store's perspective. Let's assume for a moment that she indeed stole the necklace. Ok, the store's motivation to prosecute probably has more to do w/ being ticked off than the actual monetary value of the item - i.e. they were probably more interested in getting back at Lindsay than in recovering the money. Ok, so they succeeded - she's in court, her reputation is further trashed, she's in hot water... great. Well, NOW they've got an opportunity to cash in on the video while the story's still hot... so why not make a few bucks, who cares if it screws up the prosectution's case - we got our revenge, recovered the merchandise AND made money on the video - woo hoo!

[bobnjersey]

[Christopher Spencer, a crisis management expert who represents the jewelry store, explained in a statement Monday the reason the footage was sold. "Most important, we were upset with the various mischaracterizations we were seeing and hearing about the video and its contents, and we felt the video should be allowed to speak for itself," Spencer's statement read.]
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most important ... this doesn't explain why you 'sold' the video.

if you wanted it speak for itself and allow others to assess what really happened ... you'd provide it openly for all to review.

[Imthaid2]

And yet, bankers who stole billions walk free.

[dodinyc]

No matter what the store says was their motive for releasing the tape, they sold it for a profit. They are trying to profit from this, plain and simple. The question mark as to the motive in all this is now the elephant in the room.

[cepe10-2009]

Also I believe Lohan has copyrights on her image she can now sue the store for selling a video of her without her permission