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Lindsay Lohan at the A and E Networks 2012 Upfront at Lincoln Center in New York

This May 9, 2012 photo shows actress Lindsay Lohan at the A and E Networks 2012 Upfront at Lincoln Center in New York. (AP Photo/Starpix, Kristina Bumphrey, file)

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Prosecutors reject burglary case against Lohan

Prosecutors cited lack of evidence

Updated: Wednesday, 29 Aug 2012, 6:33 AM EDT
Published : Wednesday, 29 Aug 2012, 6:33 AM EDT

LOS ANGELES (AP) — Lindsay Lohan will not be prosecuted for a burglary at a home where she had been a houseguest, prosecutors determined Tuesday.

The decision came after Los Angeles police detectives presented a potential felony burglary case against the actress and two men who were reportedly at the Hollywood Hills home of a longtime acquaintance after several items went missing earlier this month.

Prosecutors cited lack of evidence to prove Lohan was involved in the thefts at the home. The items taken were described as keys, cash, sunglasses and a credit card holder. The homeowner, businessman Sam Magid, is an acquaintance of Lohan and later told authorities that he did not want to pursue a case.

"Lindsay is glad this matter has been cleared up so she can focus on her upcoming projects," her spokesman Steve Honig said in a statement Tuesday afternoon.

One of the men police interviewed was Lohan's assistant, who told authorities that he, the actress and another man went into the home early Aug. 18. Some items were taken, but the assistant refused to say who stole them, according to a memo rejecting the charges.

"We do not have sufficient evidence to prove this case beyond a reasonable doubt," the prosecution memo states. The document also noted that none of the missing items were found in the possession of Lohan or the two men who were believed to be at the house on the day of the burglary.

Los Angeles police say their investigation into the thefts will continue.

Lohan remains on probation for a 2011 case in which she pleaded no contest to taking a $2,500 necklace without permission. After completing a strict counseling and morgue cleanup duty program implemented by a judge, Lohan no longer has to report to a judge, but she faces jail time if she is charged with another crime.

In recent months she has resumed acting, portraying Elizabeth Taylor in a Lifetime movie about the actress' love affair with Richard Burton.

She also recently filmed "The Canyons," a film by "Less Than Zero" author Bret Easton Ellis. That film has Lohan playing opposite James Deen, who is best known as an adult film star with thousands of movies to his credit.

Police in Santa Monica, Calif., continue to investigate a crash involving Lohan and her assistant on the Pacific Coast Highway earlier this year. Lohan was on her way to the set of the Lifetime film "Liz and Dick" when she slammed into the back of a dump truck and had to be briefly hospitalized.

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