- Associated Press - Friday, November 19, 2010

LOS ANGELES (AP) - A judge on Friday dismissed a felony burglary charge against a woman accused of breaking into Lindsay Lohan’s home, saying there was insufficient evidence.

Los Angeles Superior Court Judge Larry Paul Fidler dismissed the count against Rachel Lee, who has been accused by authorities of being one of the masterminds behind a series of break-ins at stars’ homes that netted millions in luxury clothes and goods.

The decision does not end Lee’s legal troubles; she still faces a charge she broke into the home of reality TV star Audrina Patridge, and that she received a fur coat stolen from Lohan’s home. She also faces a conspiracy charge, along with four others charged with the burglaries.

Lee’s attorney, Peter Korn, and prosecutor Chris Baker declined comment after the hearing.

Baker had said authorities still hoped to turn up better evidence tying Lee, 20, to the Lohan burglary. Fidler said it appeared she was charged because she was the only Asian member of the so called “Bling Ring” and matched a vague description of one of the Lohan burglars.

“You have a nice receiving (charge),” Fidler said, “you don’t have a burglary.”

The judge also expressed concerns about a statement given to police by another woman accused of the Lohan burglary in August 2009. Fidler questioned why the 20-year-old wasn’t advised of her Miranda rights before speaking to police after her arrest in October 2009.

Baker argued that Tamayo was aware of her right to remain silent and had invoked the right several times before speaking with police. He said a Miranda warning was not necessary because Tamayo’s attorney was present for the interview, and did not raise any objections during the session.

Tamayo has challenged the admissibility of her statement that she was involved in the Lohan burglary, saying she was coerced into talking to police because she was threatened with deportation. She is an illegal immigrant.

Fidler deferred his ruling on whether Tamayo’s statement will remain part of the case, saying he wanted to hear testimony from one of the detectives accused of threatening her with deportation.

The judge is expected to rule when the case reconvenes on Jan. 14.

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