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NANCY GRACE

Lohan Makes it to Court, but Late

Aired May 24, 2010 - 20:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


NANCY GRACE, HOST: Breaking news tonight. Will Hollywood superstar Lindsay Lohan`s string of wild, erratic behavior finally land her behind bars? After years of DUIs, alleged drug use, a judge brings down the hammer! Lohan in France for a star-studded Cannes Film Festival, missing a must-show court date, claiming first she lost her passport, and second blaming volcanic ash. While the trial judge lets loose on Lohan, Lohan not worried, in fact, busted on camera in the wee hours, showing up in micro- mini hotpants to party at a multi-million-dollar yacht on the French Riviera, facing public arrest at LAX airport.

Bombshell tonight. Lohan, dressed like a school teacher, a far cry from the party hot pants photos on the yacht, then finally, look what the cat drags in. And even then, she keeps the judge waiting. That`s right, Lindsay Lohan late to court, ends up getting fitted right there on the spot for an ankle alcohol monitoring device. It`s strapped to her ankle.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Actress Lindsay Lohan`s real life drama played out in a Beverly Hills courtroom.

JUDGE MARSHA REVEL, LOS ANGELES COUNTY SUPERIOR COURT: And you`re not allowed to drink any alcoholic beverage.

LINDSAY LOHAN, ACTRESS: I have been in compliance with everything that -- everything that occurs when you`re in the court system for (INAUDIBLE)

REVEL: This (INAUDIBLE) device has to be on you within 24 hours.

UNIDENTIFIED FEMALE: The judge a little bit unhappy this morning.

REVEL: I`m ordering random drug testing.

UNIDENTIFIED MALE: Are you still taking drugs?

LOHAN: No. No.

REVEL: You are to attend all scheduled alcohol classes at the rate of one a week.

UNIDENTIFIED FEMALE: Miss Lohan`s uncle, her mother`s brother, died last week, and that was the reason that she missed the session.

REVEL: Did she go the funeral?

UNIDENTIFIED FEMALE: She did not.

UNIDENTIFIED FEMALE: The judge is just hearing empty excuse after empty excuse, and she`s had enough.

REVEL: She needs to submit to random drug testing here, not in Texas.

UNIDENTIFIED FEMALE: Actions speaks louder than words, and she is prepared to demonstrate by actions.

REVEL: Do you understand and accept the conditions if you`re to remain out on bail?

LOHAN: Yes, Your Honor.

UNIDENTIFIED MALE: Are you scared you will go to prison?

LOHAN: I don`t see what reason I would go to prison for. I`ve been more than compliant with everything having to do with the court system. Enough is enough already.

(END VIDEO CLIP)

GRACE: And tonight, live, Texas. She talked to Mommy after school, but she`s never seen alive again, even missing the "Alice in Wonderland" birthday party she planned with her little friend. Tonight, where is Girl Scout Ali?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: New developments today in the case of missing Girl Scout 16-year-old Ali Lowitzer.

UNIDENTIFIED FEMALE: ... the high school sophomore you see in this home video.

UNIDENTIFIED MALE: Ali was last seen getting off the school bus and hasn`t been seen since.

UNIDENTIFIED FEMALE: She got off her school bus just feet from her house.

UNIDENTIFIED MALE: Now her family is reportedly concerned that police are not doing enough to find their daughter.

UNIDENTIFIED MALE: We just feel when something`s not right and something`s wrong, and that`s the feeling I got. Something is wrong.

UNIDENTIFIED MALE: While no evidence of foul play has been found, Ali`s family is sure she`s been kidnapped. According to reports, the family says Ali`s cell phone has not been used.

UNIDENTIFIED MALE: For that to just stop is baffling.

UNIDENTIFIED MALE: And she missed her best friend`s birthday party something, her mother says she would never miss.

UNIDENTIFIED FEMALE: (INAUDIBLE) night before I go to bed and just hoping that in time, I`ll get a response.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. Thank you for being with us. Bombshell tonight. Hollywood superstar Lindsay Lohan dressed like a school teacher -- that`s a far cry from the party hotpants photos on a luxury yacht last week. Look what the cat dragged into court. And even then, she keeps the judge waiting. That`s right, Lindsay Lohan is late to court.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She was late when she made it.

UNIDENTIFIED FEMALE: Yes, I`m -- I`m not (INAUDIBLE)

LOHAN: I`ve been stuck (INAUDIBLE) I had my passport stolen. So I had no option but to stay there.

UNIDENTIFIED FEMALE: Lindsay Lohan made to it the courtroom in LA County, where a judge was waiting for her. Some real-life drama.

UNIDENTIFIED FEMALE: (INAUDIBLE) people versus Lindsay Lohan. Defendant and all parties are now present.

UNIDENTIFIED FEMALE: The judge outlines the new terms of Lindsay Lohan`s probation.

REVEL: She will as a condition of remaining out on bond drink no alcohol, have a scram (ph) device put on within 24 hours of today`s proceedings.

UNIDENTIFIED FEMALE: Her lawyer asked for leniency.

UNIDENTIFIED FEMALE: Miss Lohan has a number of up and coming photo shoots, as well as continuing to film a movie in Texas.

REVEL: ... submit to random drug testing at the rate of one per week.

LOHAN: I`d like to have this all put behind me.

REVEL: There`s no excuse if she`s in Texas to say, I can`t show up, because then it`s not random.

UNIDENTIFIED FEMALE: She said that missed an alcohol counseling session last week because her uncle died.

LOHAN: When I stayed in New York, you know, to be with my family, I didn`t (INAUDIBLE)

UNIDENTIFIED FEMALE: Lindsay`s frolicking in the Mediterranean is over!

LOHAN: I always have taken responsibility for my actions. Always.

(END VIDEO CLIP)

GRACE: Straight out to Ken Baker, E! chief news correspondent, in court today. We are taking your calls live. Hey, Lohan, button up that shirt, for Pete`s sake! Ow!

(LAUGHTER)

Go ahead, Baker. What happened?

KEN BAKER, E!: Well, yes, she wasn`t exactly dressed like a school teacher, as you just pointed out.

GRACE: Do I need to see all that? Do I need to see down her shirt?

(LAUGHTER)

BAKER: Probably not necessary, but...

GRACE: No, I don`t, and I`m sure the judge feels the same way. We`ve all seen a little too much of Miss Lohan. Go ahead.

BAKER: Well, she did arrive in court. She was late, by the way. She didn`t arrive in the courtroom until 8:40. We were all sitting in the courtroom promptly at 8:30...

GRACE: I would have held her in contempt so fast, it would have made her head spin.

BAKER: Well, what was interesting was...

GRACE: Are you late to work? No. Do I show up to work at 8:01? No, I don`t. She flew all the way home from France to be late to court?

BAKER: Well, the judge was lenient in this case. And by the way, it was the only thing that she was lenient about the whole morning. But she was lenient on the arrival issue because she was in the courthouse by 8:30, and there was a security issue...

GRACE: Really?

BAKER: ... because of the...

GRACE: Because the press says...

BAKER: ... everything that was happening...

GRACE: ... she didn`t walk in until 8:38. Did you know that?

BAKER: Well, I was there, and I will tell you that she was in the courthouse. There was a security issue. And the judge had no problem with that, actually.

GRACE: What time...

BAKER: But it was the only thing...

GRACE: ... did she get to the courthouse...

BAKER: ... she didn`t have a problem with.

GRACE: ... Baker? What time did she get in the courthouse?

BAKER: It was right around 8:30, actually. And she made her way up...

GRACE: Well, really? Because...

BAKER: ... right at about 8:40.

GRACE: ... the court date is 8:30. That is the calendar call. That`s not the calendar call at the metal detector or the lobby. That`s the calendar call where the judge is, in court. You`re telling me she was in the lobby at that time?

BAKER: Yes, she was downstairs going through security at the time that she should have been in the courtroom.

GRACE: OK. What happened?

BAKER: So she arrived in there, and essentially, what happened was Judge Revel began to tell Lindsay the new terms of her probation, which are that she`s going to have to submit to random drug testing once a week and that she`s essentially going to be wearing this ankle bracelet that`s going to be monitoring her alcohol intake. And she is to not have any alcohol or drug intake while she`s on probation. And if so, she will then face a sentence to jail.

GRACE: We are taking your calls live. Out to Doris in California. Hi, Doris.

UNIDENTIFIED FEMALE: Hi, Nancy. Thank you for taking my call.

GRACE: Thank you for calling in. What`s your question?

UNIDENTIFIED FEMALE: And your twins are gorgeous.

GRACE: You know what? I don`t know how I had something that beautiful. I`ll agree for just a moment with all the haters on line. Thank you very much. I`m beyond blessed. What is your question, dear?

UNIDENTIFIED FEMALE: OK, my question is, how do these Hollywood people get away with what they`re getting away with?

GRACE: I don`t know. I do not know because...

UNIDENTIFIED FEMALE: OK. If it was you or I, we would be locked up in a heartbeat.

GRACE: Or at the very least, Doris in California -- hold on. Let`s unleash the lawyers, Susan Moss, family law attorney, New York, Mickey Sherman, criminal defense attorney, author of "How Can You Defend Those People?" practices all over the country, joining us tonight from our Manhattan studios, Stacy Schneider, defense attorney, New York.

First of all, Susan Moss, whenever anybody`s late to court, every judge I`ve ever practiced in front of would send them right over to the jury box, where all the prisoners sit. They`re all handcuffed and chained to the floor. And they sit there for a couple of hours until all the other courtroom business is done. And then the judge goes back down the calendar to all the latecomers.

They forfeit their bonds for being late to court. And then if they deem fit, they`ll reinstate the bond once they hear the excuse. That`s the way it`s worked, as far as I knew it, since I`ve been practicing law since 1984. How about with you, Sue Moss?

SUSAN MOSS, FAMILY LAW ATTORNEY: Oh, absolutely! And her excuse for missing court was so hokey, they should have put her back in the LA pokey! I mean, she lost her passport? Are you kidding me? I guess she also lost the rest of her fabric of that shirt, because it was so low-cut! The fact that she did not fully comply with her probation rules, the fact that she missed a court date, the fact that she was late for court -- and you`re late for court when you`re not in the courtroom at the assigned time -- means she should to jail!

GRACE: Although, Mickey Sherman, Stacy Schneider -- hey -- hey, Rosie, give me that shot of Lohan in court, please. And then I want to see -- look at that serious look. Now show me the micro-mini hotpants party yacht photo. Now, who says Lindsay Lohan has lost her acting ability? No. That`s not the shot, the micro-mini hotpants yacht shot, Rosie. Dig, dig, dig, dig, dig. There you go. There you go. OK, Mickey Sherman...

MICKEY SHERMAN, DEFENSE ATTORNEY: She`s working. Don`t forget she`s an actress. She`s -- you know, we set the bar kind of low. And you know, as your correspondent said, she got to court at the right time. There was a jam-up at the metal machine. But you know, the dog ate her passport. She had a legitimate reason for not getting there on time. And also, she wasn`t late for trial, don`t forget. She didn`t commit a new crime. She was going there for a status conference. And the last thing I`m going to say is, why does this judge feel it`s so important that she`s got to deal with it and take off her vacation time?

GRACE: Stacy Schneider, give me something a little better than Sherman did.

(LAUGHTER)

STACY SCHNEIDER, DEFENSE ATTORNEY: You know what?

GRACE: Go ahead. Hit me.

SCHNEIDER: I`m on...

GRACE: I`m ready. I`m buckled in.

SCHNEIDER: Nancy, I`m on Sherman`s side. I`m completely shocked by this judge. I think she`s starstruck. I think she`s holding Lindsay Lohan out to a different standard than everybody else. I`ve had...

GRACE: No. No.

SCHNEIDER: ... over 100 clients late to court...

GRACE: If she were...

SCHNEIDER: ... or missing court...

GRACE: ... somebody else...

SCHNEIDER: What?

GRACE: ... her bond would have been forfeited the day she missed court. It`s not that she`s just late...

SCHNEIDER: She got a warrant for (INAUDIBLE)

GRACE: ... this morning...

SCHNEIDER: ... everybody else.

GRACE: It`s not that she`s just late this morning, she missed court last week and gave a string of lies!

(BEGIN VIDEO CLIP)

LOHAN: I`m off to Cannes right now to announce a movie.

I wasn`t partying in Cannes. I was there for work.

REVEL: She was ordered to be here. She was ordered to be here at 8:30.

UNIDENTIFIED MALE: She was extremely displeased, and it was obvious.

LOHAN: I`ve been focusing on my work.

UNIDENTIFIED FEMALE: She was in the courthouse for a long time.

LOHAN: I got into this because I enjoy acting, not because I enjoy going to court and having to deal with certain things like this.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Hey, how are you?

UNIDENTIFIED FEMALE: How are you?

UNIDENTIFIED MALE: ... cocaine...

UNIDENTIFIED FEMALE: ... drug and alcohol testing...

LOHAN: (INAUDIBLE)

GRACE: She failed to appear.

UNIDENTIFIED FEMALE: The hearing, which lasted about 15 minutes...

UNIDENTIFIED MALE: Welcome back from Europe!

UNIDENTIFIED FEMALE: ... ended about an hour ago, but Lindsay Lohan...

UNIDENTIFIED FEMALE: Nobody`s perfect.

UNIDENTIFIED MALE: The judge just really threw the book at her.

UNIDENTIFIED FEMALE: Everyone has their ups and downs.

UNIDENTIFIED MALE: The judge was fed up.

UNIDENTIFIED FEMALE: People say you go out too much.

UNIDENTIFIED MALE: The judge said she didn`t want to hear any of the arguments...

LOHAN: It`s kind of, like, I`m just a normal girl.

UNIDENTIFIED MALE: ... any of the excuses...

LOHAN: I wasn`t partying in Cannes. I was there for work.

UNIDENTIFIED MALE: The judge said, Look, actions speak louder than words.

REVEL: ... not allowed to drink any alcohol, random drug testing...

LOHAN: I love it!

REVEL: ... scram device...

LOHAN: This is insane.

REVEL: Do you understand and accept the conditions of your remaining out on bail?

LOHAN: Yes, right!

Yes, your honor.

UNIDENTIFIED MALE: How do you feel?

LOHAN: I don`t want to just -- I`m not -- I don`t want to be a flash in the pan. That was never my intention.

UNIDENTIFIED MALE: Are you still taking drugs?

LOHAN: I`m healthy, and I`m not an idiot.

UNIDENTIFIED MALE: Don`t you think you should take responsibility for your own actions?

LOHAN: I always have taken responsibility for my own actions.

(END VIDEO CLIP)

GRACE: We are taking your calls live. Out to Alexis Tereszcuk, reporter, Radaronline.com. What else can you tell me Alexis?

ALEXIS TERESZCUK, RADARONLINE.COM: Well, I have something that I don`t know if you want to know, but do you want to know what Lindsay was wearing today? It was a Prada shirt, just in case, Dior shades, (INAUDIBLE) suit. So that was an incredibly pricey outfit for court...

GRACE: Put Tereszcuk up!

TERESZCUK: ... that she was wearing, buttons down...

GRACE: Alexis?

TERESZCUK: Yes?

GRACE: Don`t care. Can you tell me anything of any significance? I don`t care that she had on designer labels. What I care about is that she gets treated differently than everybody else that comes to court. Now, what do you know?

TERESZCUK: Absolutely. You`re right. Well, I know that the judge has told her that -- well, she has three alcohol education classes that she has to complete. She is supposed to be doing these once a week. Lindsay has a tendency to do them, like, three in a row, four in a row, and then not go for a 25, 30 days.

GRACE: Whoa, whoa! Wait!

TERESZCUK: So the judge has told her...

GRACE: Wait! Wait! Wait!

TERESZCUK: ... that she has to...

GRACE: Wait. Alexis Tereszcuk, Radaronline.com, please clarify. When you say she skips, skips, skips (INAUDIBLE) then she does, like, three in a row, you mean at one sitting, she`ll show up and then just sit there for three hours and do three in a row? That way?

TERESZCUK: No, she`ll do them in consecutive days. She`ll go, like, a Monday, Tuesday, Wednesday, and then she won`t go for 14, 15, 20 days. And then she`ll come back and do two in a row. She, in fact, wanted to do this one this past Sunday, to have a special allowance made for her that she could do a class on Sunday, but the program wouldn`t let her to it. So she still has three left, and the judge has said, You can`t do it all at once.

GRACE: To Brad Lamm, board-registered interventionist at Bradlamm.com, author of "How to Change Someone You Love" -- Brad, what`s the significance of a steady appearance, showing up each week to do what you`re supposed to do?

BRAD LAMM, INTERVENTIONIST: Well, when you`re trying to break or change long-held patterns of behavior, you`ve got to practice it with consistency. So a goal of these classes is to give you the schedule, rather than having you do it on your own schedule.

GRACE: OK, Brad...

LAMM: So really, it`s external accountability.

GRACE: Brad, I got to ask you something.

LAMM: Yes?

GRACE: For people -- not like us. I`ve punched a clock. I`ve worked long hours, like the rest of America. You know, we`re not special. We`re used to it. We`re used to showing up somewhere every day to work. It`s not always something you want to do. That`s why you get paid for it. So what about people that don`t have that -- that knack, that ability? They don`t have a record of showing up to work. Looks like at every film she`s done, every appearance on TV, there`s always a problem.

LAMM: Well, I think in terms of trying to change your behavior, just showing up is one of the hardest things to kick into gear around. So I liked that the judge is giving her a schedule, rather than saying, Hey, go out and do what I`m telling you to do and come back with all of your signatures in place. I actually like that.

Look, I actually would have preferred that when somebody shows up late to court that they get the book thrown at them. I like the court saying, Hey, this is tough stuff here, and we`re going to deal with it in a really serious and harsh way.

GRACE: I just remember an 84-year-old judge -- I practiced in front of him for many years. And he would always, no matter who you were -- you could be a financial whiz, you could be unemployed, it didn`t matter. If you were late court, you got locked into the jury box with all the defendants from jail...

LAMM: Right.

GRACE: ... and he made them all think their bond was going to be forfeited. They would sit there until the end of court, 5:00 o`clock. Then he would reinstate all their bonds, after they`d sat there and got a tiny, tiny taste of what jail life would be.

LAMM: And it`s sort of tough love, isn`t it? It`s applying with accountability and real structure a different way of behavior. You know, she`s not getting this from her family. She`s not getting this from the people that are around her. It`s saying that, You`ve got to do what you got to do on my terms.

GRACE: We`ll be back taking your calls. Lindsay Lohan -- the cats drag her into court today. She`s still late, stands the judge up as the judge sits on the bench and waits.

As we go to break -- we must increase child safety. We must prevent crimes on children. This weekend, HLN launching the digital fingerprinting for kids event. We were there, offering safety tips, free digital fingerprinting, photos, DNA kits, safety whistle, and a record of personal information for children across the country. This weekend, Atlanta, nearly 600 children fingerprinted and photographed. For more info, please go to CNN.com/nancygrace. Number one priority, keep children safe.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She`s just 23 years old.

LOHAN: I`m just a normal girl.

GRACE: ... partying into the we hours on a multi-million-dollar yacht...

LOHAN: I`m the same as you.

UNIDENTIFIED MALE: ... out in the clubs a lot, out late at night, acting erratically...

LOHAN: I`m very cautious.

UNIDENTIFIED FEMALE: Clearly, it`s been too much, too soon.

UNIDENTIFIED MALE: It just set off a lot of red flags for everyone, and apparently including the judge in this case.

UNIDENTIFIED FEMALE: The judge outlined the new terms of Lindsay Lohan`s probation.

UNIDENTIFIED FEMALE: She had to wear a scram.

LOHAN: I know better.

UNIDENTIFIED FEMALE: She has to submit to random drug testing.

LOHAN: I want to start my own charity.

UNIDENTIFIED FEMALE: You do feel sorry for her.

LOHAN: There`s things I`m getting more involved in. I want to be in this for the longevity of my career.

(END VIDEO CLIP)

GRACE: We are taking your calls live. I want to go back to Ken Baker, E! chief news correspondent, in court today. Where were the parents? Were they in court?

BAKER: Interesting enough, no, they weren`t. We found to that Dina...

GRACE: Yes, the mom parties with her, takes her to bars and parties where alcohol is served. The dad has police storm her house and is always giving press conferences about himself and how he feels about her and wants what`s best for her. And neither parent showed up to court?

BAKER: That`s true. Actually, Dina Lohan, we found out, was back in New York. One of her sons had a graduation that she attended on Sunday. We don`t know where her -- what her whereabouts actually were at the time of the hearing today. Michael Lohan, we don`t know where he was, but he was not in Los Angeles.

GRACE: You know, they have something called a red eye. You know, you can catch a late night flight from one coast to the next. OK, what about the stolen passport, Ken Baker? Was that a question in court? Was it brought up? What was the -- what was the response on that?

BAKER: Yes. It did come up in court, actually. Shawn Holley, Lindsay`s attorney, told the judge that she had documentation or what she called proof that Lindsay did, in fact, have a ticket originally to make it back on time for the Thursday hearing. But when asked to show an actual ticket, she wasn`t able to supply that.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: (INAUDIBLE) people versus Lindsay Lohan, defendant and all parties are now present.

UNIDENTIFIED FEMALE: The scram device would interfere with all of that work.

LOHAN: (INAUDIBLE) be able to start this all again so I can have this all put behind me.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It seems that the world is obsessed with everything that you do.

LINDSAY LOHAN, ACTRESS: I`m flattered.

UNIDENTIFIED REPORTER: Actress Lindsay Lohan`s real-life drama playing out in a Beverly Hills courtroom today.

UNIDENTIFIED FEMALE: People versus Lindsay Lohan. All parties present.

LOHAN: I`m just here to have fun.

UNIDENTIFIED REPORTER: Remember she missed a court appearance last week.

LOHAN: I`m stuck here, yes.

UNIDENTIFIED REPORTER: Saying that she lost her passport so she was stuck in France.

LOHAN: I had my passport stolen so I had no option but to stay there.

UNIDENTIFIED REPORTER: The judge delayed her own vacation.

JUDGE MARSHA REVEL, L.A. SUPERIOR COURT JUDGE: There`s no excuse.

UNIDENTIFIED REPORTER: Just to preside over today`s hearing.

UNIDENTIFIED REPORTER: This judge has a history with Lindsay.

LOHAN: Right now it`s just all fun and games to me.

UNIDENTIFIED REPORTER: And has not been happy with what she thinks is thumbing her nose at the court.

LOHAN: I`ve been more than compliant with everything having to do with the court system. I`ve been up to par and I would be done in two weeks.

UNIDENTIFIED FEMALE: Your honor made clear last week that actions speak louder than words.

LOHAN: (INAUDIBLE)

UNIDENTIFIED FEMALE: She is prepared to demonstrate by actions that she is in compliance with all the court`s conditions.

LOHAN: I know better.

REVEL: Drink no alcohol. Have a SCRAM device put on within 24 hours.

LOHAN: That would be cool.

REVEL: Submit to random drug testing.

LOHAN: I want to be good role model to my sister.

REVEL: She must attend all of her alcohol classes.

LOHAN: I don`t see why I would even have to do that.

REVEL: Those would be the conditions.

LOHAN: Bruises heal.

(END OF VIDEO CLIP)

NANCY GRACE, HOST: You are seeing a photo, a party pic. Take a look at the left. Look at about 9:00. 9:00. There is a glass or a candle on the cocktail table and behind that there is a square, a rectangular tray or box seemingly holding a white powder.

This is from TMZ. What do you know about that, Ellie Jostad?

ELLIE JOSTAD, NANCY GRACE PRODUCER, COVERING STORY: Well, Nancy, yes. This photo first surfaced on TMZ when Lindsay Lohan was made aware of it. She said first that she didn`t know that that was in the picture. Then she said perhaps it was a set up.

Then she claimed that she was just walking down a hallway, I guess, in a hotel. Somebody pulled her in, a fan wanted to take a picture. She said it wasn`t any of her business what was in the room and she was completely unaware that it was even there.

GRACE: Take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: There were pictures online and it looked like there was cocaine in that picture. Was that cocaine in those photographs?

LOHAN: I really was walking back to my room with a few of my friends after doing press for my movie which I was in Cannes for in the first place called "Inferno." I was with some of the producers that I work with.

They went back into my room and the director as well. I stopped in somebody`s room because somebody came out of the room and said can you just take a picture with me really quickly.

So I went into the room, took a picture and I left the room. I didn`t -- I wasn`t looking around the room. I was -- I just thought I was taking a picture with fan. And I recently heard about these photos and no.

So I wouldn`t know what was in the room. It`s none of my business what was in the room. I was taking a picture with a fan which I think anyone would have done in that situation.

(END OF VIDEO CLIP)

GRACE: That was video of Lohan from Hollywood.TV.

So, Ellie -- Ellie Jostad, she addresses kind of vaguely the question about was that cocaine, but she never answers the question.

JOSTAD: Right. Well, you know, her story is that she didn`t even know it was there so how would she know what it was. But, you know, again, her story is that, you know, maybe this was a set up. Maybe somebody did this intentionally but it wasn`t her fault.

GRACE: You know, to you, Ken Baker, ET News correspondent. No offense, but every time I ask you about Lindsay Lohan`s parents, you whitewash it. You candy coat it.

The reality is the father is not a stand-up guy. He`s got a criminal record and to me he`s using his daughter, even when she is at this low point in her life, in her career -- look at her. And having press conferences for himself. And they were not in court today.

To me that is a huge deal. Obviously, we see why she behaves the way she does. Look at how they are behaving.

KEN BAKER, E! CHIEF NEWS CORRESPONDENT, IN COURT TODAY: Yes, I agree with you that Michael Lohan has definitely used this as some sort of publicity vehicle. There`s no question about this. Dina, however, seemed like she had a fairly good excuse, that she had family issues back in New York.

But the point is this. Here`s the point, Nancy. Lindsay is an adult. If she was a child, if she was a minor, I would say you`re right on, those parents should have been there.

Lindsay is an adult. She has to take responsibility for her own actions.

GRACE: Out to the lines, Angie, Wisconsin. Hi, Angie.

ANGIE, CALLER FROM WISCONSIN: Hi.

GRACE: Hi, dear. What`s your question?

ANGIE: I actually have two questions but I`ll try talk really fast.

GRACE: OK.

ANGIE: I`m from Wisconsin, and here if you`re arrested or charged with any drug or alcohol related offense you`re automatically put on absolute sobriety as part of your bond and then again as part of your probation. I`m wondering if California has that same stipulation.

And the second question is, with her having to do drug testing, I think we all know that if you try hard enough you can get around the drug test but she`s always being followed by, you know, paparazzi cameras.

And I`m wondering if there was a photo submitted to court that showed her drinking or doing drugs or doing things she`s not supposed to do. Would that be enough to violate her probation?

GRACE: To Mickey Sherman. I mean there`s a shot of her with a rectangular tray of cocaine right there on the table, but without -- you know, the defense attorney would argue we haven`t tested it, we don`t know what it is. But she was certainly hem-hawing. Making excuses about it. She never said it`s not cocaine.

MICKEY SHERMAN, CRIMINAL DEFENSE ATTORNEY, AUTHOR OF "HOW CAN YOU DEFEND THOSE PEOPLE?": It`s that pesky presumption of innocence again. You know, just because, you know, maybe she`s doing it. There`s no proof. There`s absolutely no proof.

Somebody says there`s white stuff on the table where she`s taking a picture with a fan. I mean, so far from being any proof beyond a reasonable doubt, or even probable cause, that she`s doing anything wrong.

GRACE: What -- what about it, Susan Moss?

SUSAN MOSS, FAMILY LAW ATTORNEY & CHILD ADVOCATE: You know, instead of saying I didn`t inhale now she`s saying I didn`t open up my eyes? When you`re on probation and you walk into a room and you see white powder, I don`t care if it`s baby powder. You leave.

You leave as quickly as possible and you don`t stick around to have a good time or take a few pictures. She was in Cannes, now she should be in the can.

GRACE: To Melody in Ohio, hi, Melody.

MELODY, CALLER FROM OHIO: Hi, Nancy. I just wanted to share with you, I have a 9-year-old grandson and when he comes over to visit me he actually wants to watch her show. He`s like grandma, 8:00, Nancy is on. So we got to 9-year-old --

GRACE: He`s 9 years old. That was a seventh, eight, ninth -- third or fourth grade?

MELODY: Yes. Yes. He is. God bless him. Anyway, why do they have decided have her probated?

GRACE: What? What, dear? Why what?

MELODY: Why do they just not have her probated?

GRACE: You mean give her straight probation? What do you mean have her probated?

MELODY: Probate court where she`s forced to go into some type of rehabilitation?

GRACE: OK. To me, Stacy Schneider -- don`t go anywhere, Melody -- probate court is where you have wills handled. Do you think she`s talking about some kind of a drug court?

STACY SCHNEIDER, DEFENSE ATTORNEY: No, I know what she`s talking about. It`s a situation, I think, with Britney Spears when her father -- her life got so out of control that --

GRACE: Yes.

SCHNEIDER: Britney`s father came in --

GRACE: You mean put --

SCHNEIDER: -- and handled her affairs.

GRACE: Yes.

SCHNEIDER: And that`s true of competency --

GRACE: Put a guardian --

(CROSSTALK)

GRACE: Yes.

SCHNEIDER: For a conservatorship. And that some -- in some states I do believe it happens in a probate court. I`m not sure about California.

GRACE: OK, Melody, I understand what you`re saying now. And that`s an excellent question. Would that work, Stacy Schneider?

SCHNEIDER: I don`t think -- other than the substance abuse issue she`s having there doesn`t seem to be any evidence that she cannot handle her own affairs, that she`s incapable --

GRACE: Well --

SCHNEIDER: -- of running her finances.

GRACE: I don`t know about that. To you, Michelle Golland, psychologist, expert on Momlogic.com. It seemed to have worked so far for Britney Spears. She hasn`t been in the hospital or jail.

MICHELLE GOLLAND, PSYD., PSYCHOLOGIST; EXPERT OF MOMLOGIC.COM: Right.

GRACE: She`s completed a world tour.

GOLLAND: Right.

GRACE: She`s got visitation, heavy visitation with her children now. She`s going to seek joint custody and get to have them more and more. It`s worked for her having her father as her conservator.

GOLLAND: Right. I would agree fully with that, Nancy. And, you know, what I think the judge is doing is so correct and she`s stepping in and in some ways being the mother that she didn`t have. You know.

GRACE: Well --

GOLLAND: She`s setting the boundaries.

GRACE: These shots, Michelle, are for Mickey Sherman and Stacy Schneider. Could you put those last two shots up? OK, I`m sure you two would argue that these shots prove nothing. And well, we`re going to see them shortly. It`s of her falling after a night of partying.

They prove something to me, Mickey Sherman and Stacy Schneider.

Everyone, quick break. We are taking your lives call. But as we go to break I want to give a big thank you to super firefighters Chris Mruk and firefighter Bentley for a tour of the fire house and the fire trucks with Lucy and John David.

The twins love and look up to firefighters, saying I do want to be firefighters or fire trucks when they grow up. Mruk and Bentley made one of their dreams come true to sit in a fire truck.

Thank you, firefighters, Bentley and Mruk.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Are you prepared to go into rehab?

LOHAN: I don`t see why I would even have to do that considering I`ve been compliant with everything that -- everything that occurs when you`re in a court system for two DUIs. You go through the process of going to classes and there`s million other things that go with that. And I don`t see why --

(END OF VIDEO CLIP)

GRACE: We are taking your calls live. So bottom line, Ken Baker, give it to me in a nutshell, what was the outcome of court today?

BAKER: The outcome was that she left with new terms of her probation. Principally that she`s going to be subjected to random blood test at least once a week, and she walked out of that courthouse with an ankle monitor that is now constantly monitoring her alcohol intake.

GRACE: To Bill Majeski, former NYPD, now with Majeski Associates, joining us tonight out of New York. How does the SCRAM work?

BILL MAJESKI, FMR. NYPD DETECTIVE, MAJESKI ASSOCIATES, INC.: Well, it works in a couple of different ways. It depends on how the court wishes it work. Usually what they do is they have a monitoring device that`s attached to the ankle, that`s hooked in through a telephone line into a computer, and then it`s constantly monitoring her activity going back to a central location.

Usually with the drug testing they take a test based on the sweat or the perspiration from the surface of the skin. When you consume alcohol or a drug, it usually just gets absorbed but there`s a percentage of it that gets evaporated into the perspiration that comes after the surface of the skin. And that`s what`s measured with this device.

It`s usually sent back to a central monitoring system once a day, but the court could order it to be sent back as many as six times a day. And then if she violates that based readings that are given from those -- from the monitor, then they violate probation immediately and bring her back in.

So it`s a very efficient and very effective system. And it`s the same with the drug testing. Any kind of foreign substance that goes into the body can be detected by this monitor.

GRACE: To Dr. Evelyn Minaya, women`s health expert. Dr. Minaya, what did you make of her physical appearance in court today? You studied all the photos. And what do you think these random weekly tests will be testing for?

DR. EVELYN MINAYA, M.D., WOMEN`S HEALTH EXPERT: Well, it`s very interesting. Two things. Let`s get back to the first question. I think she looks older than I do. And, you know, I`m way up there. Not that much. But nevertheless, I think she`s been through the wringer. That`s number one.

Number two, I think that -- it`s very interesting. Remember the SCRAM is just for alcohol. She is also submitting to a drug testing.

That means they`re looking for other things such as the cocaine, such as maybe some Percoset or Darvocet or something like that as well. So remember she`s being submitted to both tests because obviously we want to really make sure that she is really being sober and, you know, allegedly, you know, abiding by her stuff.

GRACE: Everybody, Lindsay Lohan in court today, strict rules set down by the judge. I think she`s lucky she didn`t get sent to jail.

But right now, switching gears. I want to talk to you about a little Girl Scout missing. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: More details emerged in the case of a missing Texas Girl Scout last seen getting off a school bus just blocks from her own home. Ali is classified as a missing person because no evidence of foul play has yet been discovered. However, Ali`s family is sure that she would kidnapped or being held against her will.

UNIDENTIFIED MALE: The mere fact that she has had no communication with anybody that we know of makes it look like there`s a possibility of something having happened.

UNIDENTIFIED REPORTER: Video reportedly shows her leaving the bus just 30 feet from her own home. That`s the last time anyone saw Ali. Ali`s parents said they`ve had no contact with her since she was last seen and there`s been no activity on her cell phone.

The homicide division of the Harris County Sheriff`s Office has now joined the case.

(END OF VIDEO CLIP)

GRACE: This is a good, sweet girl. She`s a 16-year-old Girl Scout.

I want to go to Renee Lee, senior reporter, "Houston Chronicle." What do you, Renee?

RENEE LEE, SR. REPORTER, HOUSTON CHRONICLE (via phone): Well, we know that Ali has been missing for going on almost four weeks now. Last seen on the school bus on April 26th. She got off with a couple of other kids about three houses from her -- from the school bus. And no one has seen her since.

GRACE: With us tonight Clark Goldband. What more can you tell me about the story, Clark?

CLARK GOLDBAND, NANCY GRACE PRODUCER, COVERING STORY: Well, Nancy, she left that school bus at around 3:00 a.m. after calling her mom at 2:30. In fact, we surveillance shots of Ali leaving the bus. Her home just a few blocks away but in fact she told her mom she wanted to go get her paycheck from a hamburger establishment and that was only about a quarter of a mile away. However, Ali never made it. No one saw her there.

GRACE: Clark, where did she work?

GOLDBAND: She works at a hamburger establishment.

GRACE: I heard that. Is there a name for it?

GOLDBAND: The Hamburger Barn as a cook.

GRACE: Hamburger Barn. She worked there. She`s 16 years old. Goes to school. Works. Girl Scout. Calls her mom after school.

Joining me right now is a special guest, John Lowitzer and Joann Lowitzer. They are parents of Ali.

To both of you, thank you for being with us. You are convinced that there`s some sort of foul play.

First to you, Mr. Lowitzer, what is your opinion? What do you think?

JOHN LOWITZER, FATHER OF MISSING TEEN GIRL SCOUT, ALI LOWITZER: Well, first, thanks for having us. You know, we think that there`s foul play. The unfortunate thing is we don`t have any proof that there`s foul play and we don`t have any proof that there`s not.

Nobody has seen Ali since she got off the bus.

GRACE: What about it, Mrs. Lowitzer? No activity on her cell phone. What does she say when she spoke to you that day?

JOANN LOWITZER, MOTHER OF MISSING TEEN GIRL SCOUT, ALI LOWITZER: She checked in with me to let me know that she was going to ride the bus home, and she was going to walk to work and pick up her paycheck. And that was the last that I talked to her.

GRACE: No activity on her cell phone. Please look at Ali, 16 years old, 5`2", 145 pounds. Hazel eyes, auburn hair. Braces with pink banding, 713-967-5810.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Ali was last seen getting off the school bus on April 26th and hasn`t been seen since. Now her family is reportedly concerned that police aren`t doing enough to find her daughter.

Ali is classified as a missing person because no evidence of foul play has yet been discovered. However, Ali`s family is sure that she was kidnapped or is being held against her will.

(END OF VIDEO CLIP)

GRACE: For a girl that sends about 3,000 text messages a month that have now gone silent, radio silent, I think that is very probative.

Back to Ali`s parents, John and Joann. To you, John, if you could speak to her now, what is your message?

JOHN LOWITZER: My message to Ali right now would be -- you know, baby, if you`re safe, if you`re watching us, just give us a call. You know, let us know that you`re OK. You know that`s all we ask. And if you`re out there and if you`re safe and where you want to be, you know, we understand, but let us know.

Set our hearts at ease, set our minds at ease and we can work through everything else. So if you`re out there, just let us know. You know, you don`t have to call us directly. Just have a friend or somebody call us. We just need to know you`re OK.

GRACE: To Clark Goldband, what more can you tell me, Clark? No activity on her cell phone. No text messages at all. No use of a credit card or an ATM.

GOLDBAND: Nothing, Nancy. In fact, her purse containing $30 was left home on the floor, and this is a girl -- she`s on the softball team. She`s a star. She`s in the choir. She plays the flute. She had a lot to look forward to, a lot going on. And she even just planned an "Alice in Wonderland" party with her friends that she was excited to attend.

GRACE: To Michelle Golland, psychologist and expert on Momlogic, joining us out of L.A. Weigh in, Michelle.

GOLLAND: You know, it`s very disconcerting the fact that she hasn`t used her phone and I think what they would really want to understand is what was going on between her and her friends. I think that`s going to be a real clue into what was going on with her at the time. If it was that she ran away or something else. But really, understand what happened in her peer group, what`s going on there.

GRACE: Everyone, the tip line, 713-967-5810. The reward, $5,000. Please help bring Ali home.

Everyone, let`s stop and remember Army Specialist Kimble Han, 30, Lehi, Utah, on a second tour, served Afghanistan, awarded Bronze Star, Purple Heart, Iraq Campaign medal, National Defense Service metal.

Loved the outdoors, snowboarding, basketball, baseball, football. Favorite team, New England Patriots. Leaves behind mother Lisa, stepfather Paul, eight brothers and sisters, widow and high school sweetheart Melissa, sons Brendan, Austin and Caleb.

Kimble Han, American hero.

Thanks to our guest but especially you. And prayers tonight for North Carolina friend Paulette. Please stay strong. And a special good night from California friend, Josh. And happy birthday to our own star, Yankees and Nicks Fan, Clark. Loves time with his fiance Riva and puppy dog Clyde.

Happy birthday, sweet Clark.

I`ll see you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END