Casey Anthony To Fight Probation (Recap)

On Monday Casey Anthony To Fight Probation was a top story. Here is the recap: (TMZ) Casey Anthony's legal team tells TMZ they will fight the judge who just rejected their claim that Casey served her probation for check fraud while she sat in jail during her murder trial ... and if they lose Casey will have to return to Florida

in 11 days.

Anthony was sentenced to 1 year's probation for her 2010 check fraud conviction. The judge who sentenced her said in court the time Casey spent in jail would not count toward completing probation, but the order the judge signed mistakenly allowed Casey's probation to run concurrently with her time in the pokey.

A judge ruled on Friday that the judge who sentenced Casey clearly made an innocent mistake, and it wouldn't make sense to allow Casey to get credit for the time she was in jail. After all, the point of probation is to test how a person behaves when they are in the real world, not while they're locked up with few opportunities to misbehave.

But now her lawyers tell TMZ they will appeal Friday's ruling. If they win, it would mean Casey would get a huge break -- her probation would already be completed -- because of a technical error.

Casey's lawyers say if they lose their appeal .... they want her to serve her probation in a state other than Florida.

Casey Anthony’s attorneys challenge probation ruling(Photo-Video)

ORLANDO, Fla. — Casey Anthony attorneys appeared at the Orange County Courthouse late Tuesday to block an attempt to put the young woman on probation for her old check-fraud case.

Defense attorney Cheney Mason filed an emergency motion for a hearing "to quash, vacate and set aside"

Judge Stan Strickland’s recent amended order regarding Anthony’s probation.

The motion says Strickland’s amended order was "made with a reckless disregard for Ms. Anthony’s due process and civil rights."

The attorneys reacted after Strickland signed amended court documents Monday requiring Anthony to serve one year of supervised probation — as he originally intended when he sentenced her in a check-fraud case in January 2010.

The emergency motion argues Strickland lost jurisdiction in this case because the amended order was made more than 60 days after his original.

"Additionally, the order was fraudulently entered," Mason’s motion states. "There was no attempt to notice the defendant or her counsel (however, the media had ample notice), the defendant has not signed the order as required, and the statement on the order was not filed during any proceedings in open court, as stated in the order."

The motion goes on to say: "Ms. Anthony actually did serve probation, as evidence(d) by her record with the Florida Department of Corrections. Any second sentence for probation imposed will be in violation of Ms. Anthony’s rights of protection against double jeopardy under both the Florida state and United States Constitution."

The pleading accuses Strickland of "unbridled prejudice" due to statements he made on television following Anthony’s acquittal in the more serious murder case last month.

Anthony, 25, left the Orange County Jail on July 17 after her acquittal at trial on charges of killing her 2-year-old daughter, Caylee Marie, in 2008.

Officials put Anthony on probation while she was in the Orange County Jail. But after Anthony was released from jail, Strickland stated that he intended her to serve her probation on check-fraud and related convictions after her release from jail.

That sentence was not spelled out clearly in some court documents, but it was stated by Strickland during Anthony’s sentencing in open court on Jan. 25, 2010, according to video and printed transcripts of that proceeding.

If Strickland’s order is not vacated and set aside, Mason asks for "administrative probation" because anything requiring Anthony to return to Orange County will "put her in great peril, as well as impose a significant cost to taxpayers in securing her safety."

The motion says Anthony has received several threats to her life. Mason included one of the threats as an exhibit. It has a picture of Anthony with a mark in the center of her forehead. Beneath the picture read the words: "Keep Smiling (expletive) With a forehead that big, the headshot will be easier."

Court administration spokeswoman Karen Levey said no hearing has been set yet on the probation matter. In addition, Strickland is out of the office this week, so it was not immediately clear who would hear the motion. Before leaving, however, Strickland said future issues in the case would be taken up by Chief Judge Belvin Perry.

Lohan begins stint under house arrest

Actress Lindsay Lohan turned herself in to Los Angeles jail authorities early on Thursday and has begun serving a sentence for jewellery theft under house arrest, officials said. Lohan, 24, turned up at a Los Angeles jail at 5:00 am on Thursday (local time), according to official records. Los Angeles Sheriff's department spokesman Steve Whitmore told People magazine she was deemed eligible for home confinement, fitted with an electronic monitoring ankle bracelet and released to her home within an hour.

"She is now confined to the interior premises of her home at all times," Mr Whitmore told People. Lohan's lawyer could not immediately be reached for comment. The Mean Girls actress was sentenced two weeks ago to four months in jail and 480 hours of community service after pleading no contest to stealing a $US2,500 gold necklace from a shop in January. It was not immediately clear how much time she would be confined to house arrest. But Mr Whitmore said earlier this month she would likely serve 16-17 days at home under programs for non-violent offenders, good behaviour and because of overcrowding in the city's jails. Lohan has already started her community service at a women's jail. Lohan has been in and out of jail and drug and alcohol rehab for the past four years following a 2007 arrest for drunken driving and cocaine possession. Her troubles have derailed her once-promising Hollywood career, but she was cast in April in an upcoming movie about New York crime boss John Gotti, alongside actors Al Pacino and John Travolta.

Lindsay Lohan expected to serve jail term at home

Actress Lindsay Lohan was sentenced on Wednesday to four months in jail after changing her plea and effectively admitting stealing a $2,500 gold necklace from a Los Angeles store.

But Lohan, who was not in court on Wednesday, will likely serve just 16-17 days of her sentence -- most likely under house arrest, officials said.

"I am glad to be able to put this past me and move on with my life and my career," Lohan said in a statement. "I support the judge's decision and hold myself accountable for being in this situation."

Lohan's lawyer entered a no contest plea on behalf of the actress to a reduced misdemeanor theft charge. Under California law, a no contest plea is an admission of guilt.

Lohan, 24, who has been in and out of jail and drug rehab for almost four years, had previously insisted she was not guilty of deliberately walking out of a store in January without paying for the necklace she was wearing.

Los Angeles Superior Court Judge Stephanie Sautner sentenced the "Mean Girls" actress to 120 days behind bars, 480 hours community service and ordered her to report to jail on or before June 17.

Sautner last month had imposed the same sentence on Lohan for violating her probation, and the two terms will run concurrently.

However, Lohan's lawyer said the actress had applied to serve her sentence at home under a house arrest or electronic monitoring program designed to combat overcrowding in Los Angeles jails.

"As they would with any other defendant with a similar sentence and a minimal criminal history, the Sheriff's Department will determine whether she is eligible for electronic monitoring and early release," attorney Shawn Holley told reporters after the hearing.

Los Angeles County Sheriff's Department spokesman Steve Whitmore, said that under programs for good behavior and because of overcrowding and budget constraints, Lohan would likely end up serving 16-17 days at home.

Whitmore denied that Lohan was getting special treatment because she was a celebrity. "Absolutely not. This is a lower level crime and it is certainly non-violent. It appears that a person like Ms Lohan would be eligible."

Lohan was also ordered to complete psychological counseling and an anti-shoplifting program. "I don't think the root of her problems is substance abuse. I think she has other problems for which she self medicates," Judge Sautner said.

Lohan started her community service last week by working at a women's shelter in Los Angeles.

But Sautner said she could not undertake her community service at the same time as being under house arrest.

"I only hope that she benefits from seeing how other people's lives can become when you lose a couple months pay check," Sautner added.

Lohan's once promising Hollywood career has been stalled since a 2007 drunk driving and cocaine possession arrest, five trips to rehab, and at least three brief stints in jail.

However last month, she landed her first part in a major movie for several years in an upcoming feature about the New York Gotti crime family, alongside actors John Travolta and Al Pacino. Filming is due to start later this year.

Lindsay Lohan: To Jail and Back Again, Part Deux

In court Friday for a preliminary hearing on allegations she stole a $2,500 necklace from an L.A. boutique in January, Lindsay Lohan ended up sentenced to 120 days in jail, and back behind bars for five hours, for violating her probation. Lohan's lawyers plan to appeal the jail sentence, but the actress must immediately start serving 480 hours of community service. Judge Stephanie Sautner did not buy the defense argument that Lohan absentmindedly walked out of the Venice jewelry store wearing the necklace and forgot to return it. The actress did catch a break when Sautner downgraded the charges from felony grand theft to a misdemeanor, a decision that prosecutors plan to appeal. The actress's hearing on the theft charges is set for May 11.

 Before court adjourned, prosecutors argued that Lohan should be jailed for violating her probation, and the judge agreed. Taken into custody immediately, the actress reportedly showed "no emotion" as sheriff's deputies 'cuffed her and took her onto a bus bound for the Lynwood Correctional Facility, a routine that's practically old hat by now. After spending a grand total of five hours behind bars, the actress was let out on $75,000 bail. Meanwhile, Judge Sautner sounded almost impressed with Lohan's proclivity for trouble. "[The necklace] was in fact hidden in plain sight and she walked out of the store," Sautner said. "It's brazenness ... it's ... I don't know what it is."

In brig, WikiLeaks suspect Bradley Manning ordered to sleep without clothing

Military jailers are forcing Bradley Manning, the 23-year-old soldier accused of passing classified documents to WikiLeaks.org, to strip naked in his cell at night and sleep without clothing, a requirement his attorney says was imposed after Manning made a "sarcastic quip" about his confinement.

For most of the past eight months, Manning has been required to sleep wearing only boxer shorts, because of his status as a detainee under "prevention of injury watch," said 1st Lt. Brian Villiard, a spokesman for the military detention facility, or "brig," in Quantico. Beginning Wednesday night, the facility commander ordered that Manning turn over his boxers, too.

"The intention is not to cause any sort of humiliation or embarrassment," Villiard said. "The intention is to ensure the safety and security of the detainee and make sure he is able to stand trial."

Villiard said he could not explain how Manning might harm himself if he were allowed to keep his underwear, citing rules to protect detainees' privacy. All he could say was that "circumstances warranted" the measure, which was ordered by the brig commander, Chief Warrant Officer 2 Denise Barnes. The requirement will remain in effect until a review next week, he said.

But Manning's attorney, David E. Coombs, said he thought the order was "punitive" under the "guise of being concerned" about Manning's welfare.

In a blog post Saturday, Coombs gave this account of how the boxers were taken away: On Wednesday, Manning was told he would continue to be kept under the restrictions of prevention of injury watch, that there was nothing he could do to change his maximum-custody status and that the brig commander considered him at risk of self-harm. Manning then said that the restrictions were "absurd" and that if he wanted to harm himself using an item of clothing, he could do so "with the elastic waistband of his underwear or with his flip-flops."

Without consulting the facility's mental health provider, the brig commander used Manning's quip as "justification" to increase the restrictions on him, Coombs said. He said Manning was not placed under suicide watch because that would have required a mental health provider's recommendation that the brig commander lacked.

In response to this specific incident, the brig psychiatrist assessed Manning as "low risk," Coombs wrote. In particular, the psychiatrist said that Manning's statement about his underwear waistband was "in no way prompted by 'a psychiatric condition.' "

Villiard did not immediately respond to messages left late Saturday seeking comment on Coombs's claim.

The conditions of Manning's confinement have become controversial, with the United Nations special rapporteur on torture saying he submitted a formal inquiry to the State Department about Manning's treatment. The State Department confirmed Saturday that U.S. officials "have met with the special rapporteur and are preparing a formal response."

Under prevention of injury watch, Manning sleeps on a mattress with a built-in pillow. He has no sheet, only a blanket designed so that it cannot be shredded.

He is in maximum custody, which means he is allowed out of his cell for only one hour each day - to exercise by himself, indoors or outdoors. The maximum-custody designation is based on the seriousness of the alleged offense and the potential length of the sentence, as well as the military's duty to protect him from himself and others, Pentagon spokesman Geoff Morrell said last month.

Morrell said he had visited Quantico to observe the conditions of Manning's detention. "I came away enormously impressed by the professionalism of the brig staff and reassured that the manner in which they are housing and treating him is appropriate," he said.

Morrell said that he did not actually speak to Manning but "was just able to see him." He said he was accompanied by Pentagon general counsel Jeh Johnson.

"There's this misperception out there that he is in somehow in solitary confinement, out on his own somewhere in a dark and dreary cell," Morrell said. "That could not be further from the truth."

Coombs said that although Manning is technically not held in solitary confinement, "the cumulative effect of his confinement conditions are tantamount to solitary confinement." He said that there are no other detainees on either side of his cell and that the cell lacks a window or natural light. If Manning tries to speak to others several cells away, "the guards will likely view it as disruptive and require him to stop speaking," he wrote in his blog.

On Friday afternoon, Manning was the only detainee in maximum custody; two other maximum-custody detainees had left that morning, Villiard said.

The jail has 30 cells arranged in a U formation. Though the detainees may talk to one another, the cells are designed so that no detainee has a direct line of sight to another, Villiard said.

On Wednesday, the government denied Manning's request to be removed from maximum custody and prevention of injury watch, said Coombs, who will appeal.

Villiard said the prevention of injury watch status is reviewed every week with input from mental health providers.

Coombs has asserted that the facility's forensic psychiatrist recommended that the watch be lifted. A separate psychiatrist hired by the defense concurred, he said.