In a new interview with ET, former Deputy District Attorney Marcia Clark breaks down the newly released surveillance video of Lindsay Lohan trying on the $2,500 necklace she allegedly stole.
Lindsay was charged with one count of felony grand theft for allegedly stealing the necklace from Kamofie & Company jewelry store in Venice Beach. The surveillance video shows four different angles of the store as Lindsay spends 42 minutes trying on various pieces of jewelry.
While watching the video, Clark points out what she looks for when preparing for a case. "You watch the actions of the actor. Actions that will indicate to you knowledge and intent and whether this was a knowing act and deliberate act." Clark says.
When asked what she would do if she represented Lindsay, Clark says, "If I was her defense attorney I'd probably go with the, 'My stylist took it out for me and then I just lost track of the time…I had no intent to deprive the store of their property.'"
Clark says, "It is winnable on the grounds that she thought her stylist was handling it like she always did," but Clark insists, "Even if she thought she was borrowing it the way celebs are allowed to do, the stylist should have been filling out paperwork"
According to Clark, because Lindsay was on probation at the time of the alleged offense, Clark says, "That means that some time was hanging over her head, and that means that the condition of her probation that said, 'Obey all laws,' has been violated in this case....that means that she could get jail time even if this case never goes to trial."
Lindsay is expected in court on Thursday to see if the case will go to trial. She could face jail time if convicted.
Marcia Clark will release her first crime thriller novel, Guilt By Association, on April 20, 2011.