The prosecutor says the actress switched from a New York to California program without permission

By Mike Fleeman
May 02, 2013 01:10 PM

Oh, Lindsay.

Her lawyer told a judge Thursday the actress had checked into rehab for 90 days as a condition of settling a lying-to-the -police case – but as with so many things with her it wasn’t that simple.

The troubled actress, 26, did in fact head for a rehab center – but not the New York facility approved by prosecutors under the terms of her plea deal in March.

Instead she went to a center in Southern California. The reason, according to, was that the New York program wouldn’t let her smoke.

This set off a kerfuffle in a Santa Monica courtroom on Thursday morning, with City Attorney Terry White complaining his office hasn’t had a chance yet to check the credentials of the Southern California center.

But the actress’s attorney Mark Jay Heller urged the court to let Lohan stay there, on lockdown, while the place was checked out.

“My client is ensconced in the bosom of that facility right now,” Heller said at a hearing. “She’s in rehab right now. Nothing bad is going to happen.”

It turned out she never actually even checked in there, instead ending up instead at the Betty Ford Clinic, for a return visit.

Will this calm things down? Don’t count on it.

Lohan, who has been in rehab a total of five times before this, was previously in Betty Ford in 2010. At that time she made headlines when an employee went public with claims the actress was “out of control” and had alcohol on her breath during a tussle between them. A police investigation followed.