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Last Updated: Dec 15, 2007 - 2:55:41 AM |
Heiress must face 9 a.m. hearing Friday that will address validity of her early release from jail.
By Andrew Blankstein and Tami Abdollah, Times Staff Writers
4:53 PM PDT, June 7, 2007
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| The Los Angeles County Sheriff's Office released this booking photo of Paris Hilton after the 26-year-old heiress turned herself in.
(Los Angeles County Sheriff's Office)
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Hours after she was released early today from custody, Paris Hilton was ordered to appear in court on Friday for a hearing on whether she will stay out of jail.
Hilton left county jail early today after spending barely more than three days in a solitary cell, an early release that raised questions about whether the wealthy get special treatment from a starstruck judicial system.
Responding to a motion filed by the city attorney's office, which prosecuted Hilton, Judge Michael T. Sauer ordered Hilton to appear for a 9 a.m. hearing regarding her early release.
Sauer expressed concern about whether his court had jurisdiction to hear a challenge to its own sentence of Hilton. He also told Assistant City Atty. Dan Jeffries that he wanted to be sure to give enough time to the other side to respond to the motion.
"You're holding the court's feet to the fire trying to rush through things," he said. "I don't want a circus."
The decision to hold another hearing was the latest act in a day of frenzy over the Hilton release, which drew immediate criticism from prosecutors, jail guards and community activists that she was being treated better than other inmates.
Hilton had been ordered to serve a 45-day jail sentence for violating her probation, but the term was decreased to 23 days for good behavior before she ever stepped into the women's jail in Lynwood.
The Sheriff's Department caught the media off-guard by sending home the 26-year-old heiress and legendary party girl in the predawn hours. She is now supposed to spend 40 days confined to her Spanish-style Hollywood Hills home and will have to wear a new piece of bling: an electronic ankle bracelet to monitor her movements.
"The problem here is that there is a medical issue and it isn't wise to keep a person in jail with her problem over an extended period of time and let the problem get worse," said Sheriff Lee Baca in a telephone interview.
"In my opinion, justice is being served by the decision to have her serve her time at home. She would still be in the county jail if it were not for the medical advice."
Baca refused to discuss Hilton's medical issues or whether they were psychological or physical. In recent days, Hilton reportedly was visited by her psychiatrist to help deal with the trauma of confinement.
The release set off a round of condemnation, but Baca dismissed the criticism that Hilton had received preferential treatment.
"My message to those who don't like celebrities is that punishing celebrities more than the average American is not justice," he said.
Hilton surrendered to authorities late Sunday night after an appearance at the MTV Movie Awards.
Officials credited her with five days in jail, though she actually served barely more than three days.
As reports of Hilton's release spread on the Internet, journalists flooded the street in front of Hilton's home, hoping to get a picture of the socialite.
In a prepared statement, Hilton thanked the Sheriff's Department for "treating me fairly and professionally."
"I am going to serve the remaining 40 days of my sentence," she said. "I have learned a great deal from this ordeal and hope that others have learned from my mistakes."
Shocked officials condemned the release.
Earlier, Los Angeles City Atty. Rocky Delgadillo, whose office prosecuted Hilton, said he was concerned by the Sheriff's Department decision and might challenge it.
"Today, I was extremely troubled to learn that the Sheriff's Department has decided to release Ms. Hilton from custody just three days after she was admitted to county jail," Delgadillo said.
"My office was not advised of this action. We learned of it this morning through news reports, just like everyone else. Had we been provided with the proper notification, we would have opposed the decision on legal grounds."
Delgadillo said in a statement that the explanation that she was released to house arrest because of a medical condition was "puzzling."
"Los Angeles County Jail medical facilities are well-equipped to deal with medical situations involving inmates," he said.
Allan Parachini, a court public information officer, said Sauer, the Superior Court judge who had sentenced Hilton to 45 days and ruled out home incarceration, was told Wednesday that Hilton would be released early.
Sauer "reaffirmed the terms of the sentence he imposed May 4. He did not concur in any early release," Parachini said.
Steve Remige, president of the union that represents the department's nearly 9,000 deputies, said he was upset by the decision to release Hilton.
"My concern is that the public's confidence in a fair judicial system in Los Angeles County has been eroded by the fact that the sheriff has given an early release to Miss Hilton," said Remige, president of the Assn. for Los Angeles County Deputy Sheriffs and a deputy for 29 years.
Remige noted that the Hilton decision came several months after the department allegedly instructed a deputy to remove inflammatory comments from an arrest report that actor Mel Gibson allegedly made during a DUI arrest last year.
"After this latest incident, outward appearances seem to be that the sheriff does lean toward favoritism of the rich and famous," Remige said.
"I've never heard of a case where an inmate with mental problems has been released," Remige said. "Every jail facility has a medical unit attached to it. If a medical condition arises that those units can't handle we have a jail ward at County-USC Hospital. I find it hard to believe that the needs of one inmate could not be met by our medical services division."
Najee Ali, director of Project Islamic Hope, criticized Hilton's release.
"Basically, it is a slap in the face to the justice system and to every inmate who is serving their time as ordered," Ali said. "The Sheriff's Department just caved into the celebrity power of Paris Hilton and her family's wealth from around the world."
Ali is calling for the county Board of Supervisors to conduct an independent investigation.
"There are thousands of people who have medical conditions in jail and don't get that kind of consideration," Ali said.
"The reason the sheriff gave for her release is ridiculous," Ali said. "It seems like a double standard."
The issue of Hilton's incarceration has been fodder for tabloid journalists for months. She violated her probation by driving with a suspended license. Sauer sentenced her to 45 days in jail and suggested she serve the entire sentence.
Hilton pleaded no contest to driving under the influence after she was pulled over in Hollywood on Sept. 7 by Los Angeles Police Department officers for speeding and making an illegal left turn.
After she failed a field sobriety test, Hilton had her license suspended but continued to drive, violating the terms of her probation.
She was pulled over three times by officers from three different law enforcement agencies during her suspension.
She violated her probation by driving with a suspended license. Sauer sentenced her to 45 days in jail and suggested she serve the entire sentence.
But after jail officials reviewed her case, they decided she would receive significantly less time.
Reaction at the Los Angeles traffic court where Hilton was sentenced was one of outrage.
"In the end, money and popularity won out," said Keith Henry, 24, a court clerk. "That's how it seems.... We were like, 'OK, she came here to visit but that was it.' "
Henry said many people in the courthouse were pleased that Sauer had been firm in his sentencing of the hotel heiress.
"Most in the courthouse were actually shocked that the judged pushed the sentence and wasn't influenced by paparazzi," he said.
Even if Hilton were confined to her house, Henry said, it's not the same as jail.
"She's got a nice house," he said. "She can invite her friends over. So what type of punishment is that actually?"
Gerald Allen, 46, a city employee who was at the court with a friend paying a traffic ticket, said he thought her early release was a mockery of the justice system.
"I think that the medical issue is something they concocted to get her out of jail," Allen said. "The medical issue didn't keep her from driving. You can drive around at night time with your medical condition but you can't sit in a jail cell and do nothing? ... I believe in a lot of cases the rich are above the law and this is another example of that. It's an obvious case of the wealthy getting preferential treatment when it comes to the judicial system. To me, it clearly shows you can commit a crime, hire your million-dollar legal team and they get you off the hook."
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