Paris Hilton Cocaine Defense Has "Big Problems"

(CBS)  Paris Hilton may be heading back to jail. She is facing felony charges after police found nearly a gram of cocaine in her purse Friday night in Las Vegas. Now the hotel heiress is reportedly changing her story and saying she may have been set-up.

CBS News correspondent Ben Tracy reported Las Vegas is often where Paris Hilton goes to party -- but the fun ended quickly when she was arrested this weekend.

Paris and the Police
Paris Hilton

Tracy pointed out the recently released police report may offer clues to the socialite's defense strategy.

In the report, police say Hilton told them she was "extremely embarrassed" by the people surrounding the car when her boyfriend was pulled over Friday night. She asked to go inside the Wynn Hotel "to prevent her from being molested by the growing crowd."

Inside the hotel, Paris' night went from bad to worse.

Sgt. John Sheahan, of the Las Vegas Police Department, said, "She extracted a tube of lip balm from her purse. At that time a plastic bindle containing a substance believed to be cocaine fell from her purse in plain view of the metro lieutenant."

Hilton told officers "the purse was not hers, and that she had borrowed it from a friend." As for the cocaine, she "thought it was gum."

Hilton's hairdresser and friend, Michael Boychuck spent several hours with her that same evening.

He told CBS News, "I asked her if she wanted some wine or champagne and she said 'no, just green tea.'"

After her arrest, Boychuck said she sent him a text message. He said, "She just said, 'This is so unfair it wasn't mine I don't do that crap, I'm so upset.'"

Legal experts say playing dumb may be the best defense.

Jim Moret, chief correspondent of "Inside Edition," said, "You think to yourself, if you knew there was cocaine in your purse, why would you open it? That's one argument that her attorney may give."

Now, the celebrity tabloid website TMZ says Hilton is changing her story, claiming a friend borrowed her purse and probably left the cocaine inside and that it could even be a setup.

Hilton, who famously said she was scared straight after being sent to jail in 2007 for driving drunk, now faces anything from probation to four years in prison.

On "The Early Show," CBS News Legal Analyst Lisa Bloom said Hilton has a "big problem" with her defense.

"She's told contradictory to stories," Bloom said. "I'm sure her attorney at this point is saying, 'Why did you talk at all to the police? You should have invoked your right to remain silent.' You can't blame both that it's not my purse, I didn't know the cocaine was in there, and I thought it was gum. That is just logically inconsistent. She should have picked one or better yet remained silent. Unfortunately, she didn't do that. All of these statements can and will be used against her if this goes to trial."

As for the so-called "stupid" defense -- the claim Hilton would be absolutely stupid to open her purse in front of the police officer knowing there was cocaine in it, so, therefore, there's no way that it could have been hers -- Bloom said it's unlikely to fly in court.

She joked, "We have a saying in criminal law: We don't catch the smart ones."

"A lot of people who are criminals do a lot of stupid things," Bloom said. "But I will say this, the police do do have to prove that she knew the cocaine was there. That it was either her cocaine or that she was knowingly carrying it. That's called mens rea in the criminal law. You have to have knowledge. You have to know it was in there. So if she could prove to a judge or jury if it goes to trial that she didn't know, it wasn't hers, it belonged to somebody else, she unknowingly was carrying it, she could have a defense."

Bloom added the contents of the purse may also be problematic for the famous heiress.

She said, "...In the purse that she was carrying, was her prescription medication she concedes, $1,300 which belonged to her. Other items in the purse like lip balm that belonged to her. So it doesn't really make a lot of sense that the only thing in the purse apparently that didn't belong to her was this small bindle of cocaine that she didn't know was there or she thought was gum. That's not plausible story."

Bloom said it's likely that Hilton could face some jail time.

She said, "It's a minimum of probation out there in Clark County, Nevada, but she has a prior history here in California from 2007 of both a DUI and two probation violations. I think under those circumstances the officials would send her to jail, probably just for a short time, though."

"Early Show" co-anchor Erica Hill asked Bloom, "And does her celebrity status have any bearing on this, positive or negative?"

Bloom replied, "I watched the O.J. Simpson in Clark County, Nevada and I know that those officials, law enforcement and prosecutors, will very carefully dot every I and cross every T. They have to do that in a celebrity case. Because they're under the microscope and you're going to have high-profile defense attorneys. But they got a conviction against O.J. And I think they can get a conviction here, too. I think they're very careful and meticulous law enforcement officials out there and they can get the conviction if they want to."

[firestrmz]

. where is my post .

[firestrmz]

Paris had twittered a photo of her "new purse" earlier in the week, the same purse that "wasn't hers." *******.

And what is this 'well, if she can prove that she didn't know it was there." How the heck do you prove that you don't know something is in your purse full of your other prescription meds and makeup that you are currently wearing (same lipstick). If she gets off on the "I didn't know" defense, I am going to be really disappointed in our legal system.

Heck, I don't even know what I am saying. This is the same country that allows you to murder your ex-wife and her bf because you are a famous football star and lets men sleep with little boys unsupervised if you are a pop icon. They'll probably give her the key to the city.

[JayAdler1]

Pursuant to my brief legal analysis above there is something very important to realize should Paris ultimately receive a sentence of probation. Logistically she most likely will have to see her probation officer in Nevada although it is fair to say that calling in interviews are available in some states. It is not a given that the offender would be accorded the easier route of a call in. Whenever addiction or offenses are involved with alcohol or drugs, most often the offender would have to attend a program and possibly a class and complete it in a satisfactory
manner.I have not met Paris Hilton and I am not her judge and jury.I only know that celebrities sometimes are late and MIA and quarrel in these situations.I would simply advise that if Paris and her attorney manages to get this into probation she should realize that punctuality, keeping appointments and if necessary attending programs accurately and being polite are essential when serving a probation sentence.This is an area of law enforcement that is there to turn criminals around by surveillance and advisement.This is not the place for a debate.

[JayAdler1]

If I were her attorney, I would make every attempt to plead this down to a probation sentence. With the conflicting defenses which are somewhat speculative and may not be cohesive enough to jive, probation, while very difficult a process might offer the best option for Paris, if she can get it. My father, was a high profile defense attorney on Park Avenue and when we discussed the law he would say once you get out of New York City, do not get into trouble. The other thing to remember is that Probation is strict and they watch you like a hawk. Most states there is absolutely no drinking alcohol allowed until you are released. To me, with her priors, this will be the least she may get, if they let her walk, that's the way it goes. If they give her the deal and she starts squawking it could get heavy for her. DA's don't like to give out light stuff and then get an argument. I am guessing probation however it is a double edged sword. Probation departments are not amenable to acting up or breaking the rules.

[tomrobla]

Stop wasting time on this stupid bubble head. She doesn't have a brain that cocaine could damage.

[ohcalcutagirl]

We must imprison Paris and spend $50,000.00 per year to keep her there, we must pay $150,000.00 per year per cop to do this most important work and then when they retire at 50 we can pay them $100,000.00 per year forever.(THIS IS COST OF COPS IN LAS VEGAS) This is America. We are not STUPID, we are America and proud of it. We have spent TRILLIONS on the war on drugs and all we had to give up was 100 years of universal health care. This is the American trade off. Other countries are not as smart as we are. They spend their money on dumb things like health care and don't spend their money on important things like putting Paris in jail.
In America, we call this intelligent. AND if U make 50K a year, consider yourself lucky to contribute to the American way of life.
OR WE COULD DE-CRIMINALIZE DRUGS and studies show America would save a minimum of 77 billion dollars each year.

[shylove2]

If drugs were decriminalized this wouldn't be such a big deal...and we wouldn't be worrying about rich and famous people with good lawyere versus everyone else. But it is a good moneymaker for lawyers the way it is. In fact maybe half our laws are just socialism for lawyers.

[raydernation]

She's not going to jail, you all can forget that. And thats not because who she is. If this would have happened to any of us, we would get whats coming to her, and thats probation. the other thing, if that happened to you what would you say. "oops l just dropped my hit" Of course you're gonna deny it.

I have no problem with the girl. She can't help who she is, she's very successful, she gives a lot to charities and other causes thru her foundations, and, she often states she's determined to make it on her own merits. I think she's doing a good job of it. she's not somebodys baby's mama or sticking up banks, or draining the welfare system. This girl is making it happen. I would trade places with her in a heart beat.

Stand Tall Paris - its gonna be alright boo-boo.

[rrozsa]

I don't believe she should go to jail, but then I don't believe any drug user should go to jail if they are over 21, not driving a car, and not looking after children. If she can afford it, it's her biz what she does in the privacy of her own hotel room. Just my opinion.

[24bill24]

another example of the rich living in a world where us common folk pay for thier crimes.the goverment well probly bail her out,and figure a way to tax us for it.