Since taking over the target crimes unit about three months ago, Hodgman said his examination of paparazzi cases has led him to believe there may be criminal activity beyond obvious misdemeanors such as trespassing.
Cracking down on aggressive photographers, who can earn tens of thousands of dollars or more for a single shot, has long eluded authorities. First Amendment protections shield paparazzi, many of whom consider misdemeanor violations the cost of doing business. The most seasoned veterans know how to play just within the rules. And celebrities are often reluctant to press charges -- well aware of the symbiotic relationship they have with the celebrity press.
Law enforcement officials cited the tactics used in the Lohan and Witherspoon cases as part of a pattern that has piqued their interest. Other factors they said are being looked at include who employs the photographers and supplies their cellphones, rental cars and equipment. In cases in which paparazzi have been arrested, investigators said, they would look to see who pays the bail. Depending on evidence, said one district attorney official, it might be possible to make a felony case against not only the individual photographers, but also higher-ups on the celebrity media food chain.
The agency employing the photographer arrested for assault in the Lohan case, Fame Pictures, referred questions to attorney Alan Croll. Croll, who also is representing agency President Boris Nizon, said every effort had been made "to set and comply with standards for good conduct, although accidents can happen."
In a statement, Croll went on to say, "That's why they're called accidents. Their photographers understand that they are reporters with a camera, but their job is not to create stories, provoke celebrities or initiate physical contact. They do a difficult job and bring pictures of celebrities to the public, which is clearly something the public wants."
Vernon, the LAPD spokesman, conceded that the possible use of conspiracy charges was a "novel approach."
But, he said, police investigators have begun to see evidence that such incidents are not random but orchestrated. Officials said photos or videotape taken at the conclusion of confrontations between paparazzi and stars usually capture celebrities in an emotional state, probably adding value to the image.
