Fight Swirls Over Whether Facility She Entered Is Acceptable

NEW YORK (CBSNewYork/AP) – Actress Lindsay Lohan checked into a Los Angeles rehab facility Thursday, although not without controversy.

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A prosecutor said during a hearing that he has not approved the Southern California rehab where Lohan is expecting to remain for the next 90 days. The facility was not investigated or approved by prosecutors, and Lohan’s attorney, Mark Jay Heller, had to argue that the actress be allowed to stay in treatment until a judge approves her placement.

“My client is ensconced in the bosom of that facility right now,” Heller argued after a prosecutor objected to Lohan’s choice of rehab facilities. “She’s in rehab right now. Nothing bad is going to happen.”

In a picture posted on Instagram, Lohan showed off how she was preparing for rehab: Surrounded by suitcases and clothes. Lohan wrote “90 days and 270 looks.”

It’s her seventh stint in rehab since 2007. Lohan will serve three months as part of a plea deal she agreed to in June in a Los Angeles court.

Lindsay Lohan uploaded this picture to her Instagram account with the caption "90 days and 270 looks" on May 1, 2013. (credit: Instagram)

Lindsay Lohan uploaded this picture to her Instagram account with the caption “90 days and 270 looks” on May 1, 2013. (credit: Instagram)

Lohan must also seek counseling and perform 30 days of community service.

The deal settles charges that Lohan lied to police about a car accident last June. Lohan told police she wasn’t behind the wheel of her Porsche when it hit a truck as she headed to film a TV movie.

“Lindsay’s indicated that she’s extremely gratified with the end result,” said her attorney Mark Heller.

There’s controversy over whether Lohan is headed to the right rehab facility, CBS 2’s Amy Dardashtian reported. She entered to the Morningside Recovery Center in California because it allows smoke breaks, Dardashtian reported. CNN reported that prosecutors signed off on a New York rehab facility and that Lohan’s father believes she’s violating her plea deal by heading to the wrong one.

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Heller presented Superior Court Judge James R. Dabney a letter from the CEO of Morningside Recovery in Newport Beach, Calif., showing that the facility complied with a court order to keep Lohan on lockdown for 90 days.

Dabney said Lohan should remain at the center until Santa Monica Chief Deputy City Attorney Terry White has time to conduct his investigation. White said he was “completely blindsided” by Lohan’s placement at Morningside because Heller had previously agreed to send the actress to a different facility that had been vetted.

Dabney said based on a letter from Morningside, it appeared to meet the requirements of Lohan’s sentence in a case filed after the actress crashed her car in June while on the way to a film shoot.

White said he had concerns about Morningside, and if it didn’t meet his standards, he would recommend that the judge move Lohan into a different rehab and she start her treatment over. He was ordered to report to the judge whether he approved of the facility by May 10.

Heller urged Dabney to approve Lohan’s treatment plan on Thursday, but the judge refused.

Last month, Lohan appeared serious about rehab when talking about it with David Letterman.

“To be honest, I’m the happiest when I’m working, and the healthiest. I think this is an opportunity for me to, you know, focus on what I love in life. I don’t think it’s a bad thing. I think it’s a blessing,” Lohan said.

For the next 90 days, Lohan is not allowed to leave rehab for any reason. Her attorney must show proof in court that she is enrolled in an acceptable rehab facility.

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