Judge: Britney Spears ‘Lacks Capacity’ To Testify
First Published: April 22, 2009 5:32 PM EDT Credit: WireImage
LOS ANGELES, Calif. -- Britney Spears will not be required to appear in court as part of her conservatorship’s attempt to gain permanent restraining orders against Sam Lutfi and Jon Eardley, according to E! Online.
A Los Angeles Superior Court judge reportedly stated, “There was a finding of a judge of the Superior Court that she lacks the capacity to testify,” after hearing closing arguments on Tuesday.
Britney fell under the conservatorship of her father, Jamie Spears, in February 2008 when it was ruled that the pop star wasn’t mentally fit to make her own legal decisions.
Restraining orders against Lutfi, Britney’s former manager, and Eardley, a lawyer who has claimed to be representing the singer against the conservatorship, were extended until April 28.
Eardley’s attorney, Roger Diamond, reportedly filed a motion on April 10 that asked for Britney to testify before closing arguments, but she was not present on Tuesday.
“Britney Spears is crying out for help,” Diamond said.
Britney lawyers, however, called Lutfi and Eardley “predators.”
Though she didn’t appear, Brit was certainly available for a court date — her “Circus” tour marched through the Los Angeles area recently with four dates in LA and Anaheim. Her next stop is in Oakland on Wednesday night.
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