May 2007
Actually, it is most likely that the court will modify the sentence on a Motion to Reconsider.
Hilton now is in the SB1176 Alcohol Program and has had her license reissued.
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The felony murder rule holds that when a felony inherently dangerous to human life is committed, any death resulting can be alleged as a first degree murder even in the absence of any apparent intent to kill.
A first degree murder that meets certain special circumstances … in this case, the death of fire fighters in the performance of their duty … can be alleged as a death penalty case.
It is unlikely that the trial in this matter will get underway before next year.
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Already, Hilton has enrolled in the SB 1776 Drinking Driver Program and had her license re-issued.
Most likely Hutton’s next move will be to file a Motion for Reconsideration on the probation violation sentence.
June 5, 2007 is the scheduled surrender date for Hilton. Most likely between now and then, Hutton will get into court and do what is necessary to resolve the matter.
Generally speaking, in circumstances such as this, most Judges would relent and eliminate the jail sentence. It remains to be seen if this will be the case in Paris Hilton’s matter.
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Over $40 million is remaining to be paid on his 5-year $50 million contract.
Martin Garvus, a First Amendment attorney says he plans to file the breach of contract suit by the end of next week.
Imus was quoted as calling the women’s Rutger basketball team “nappy headed hoes” on his nationally syndicated radio show.
Garvus cited a contract clause where CBS acknowledged that "Imus’ services were unique, extraordinary, irreverent, intellectual, topical, and controversial.” The clause said that Imus’ programming was “desired by the company and consistent with company rules and policy.”
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The Judge also ruled that Hilton was excluded from spending the jail time in a local jail, on home detention, or anywhere else other than the Los Angeles Lynwood Women’s Correctional Facility.
Hilton’s lawyer, Howard Weitzman, says that he will appeal the Judge’s sentence calling it “inappropriate, uncalled for and bordering on the ludicrous.” “I think she was singled out for who she is.”
The sentence is completely out of line with what any average citizen would receive for driving on a suspended license. Generally speaking a minimal fine and no other sanctions would be imposed.
The fault, if there is any, lies on her defense team and her publicist, Elliott Mintz.
Her lawyers and her publicist could easily have headed the problem off by making sure that she was enrolled in the court required alcohol awareness program and had her license re-issued before the hearing.
It appears that her high profile lawyer and publicity representative failed to do the minimal necessary to protect their client’s interests.
Hilton will be able to appeal the Judge’s sentence to a Superior Court Appellate Panel, and if there is any justice left in Los Angeles, the sentence should be stricken.
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