Sizemore Sentence Delay: He's in Rehab

10/01/2003 at 04:03 PM EDT

Thursday's scheduled sentencing for Tom Sizemore in his domestic violence case involving his former girlfriend, onetime Hollywood madam Heidi Fleiss, has been postponed until Oct. 9 while the "Black Hawk Down" and "Saving Private Ryan" actor is treated for substance abuse, the Associated Press reports.

"He's at a facility seeking treatment," Los Angeles city attorney spokesman Eric Moses tells the news service. "We don't know what he's being treated for. The continuance came at the request of his attorney."

Sizemore, 41, was convicted in August on misdemeanor charges of harassing, annoying and physically abusing Fleiss, 37, during their two-year relationship. He faces a maximum of four years in prison.

Sizemore's attorney, Michael Fitzgerald, confirmed that his client is in rehab. "He has been and continues to be in treatment for a substance abuse problem," he said, adding that sentencing is likely to be postponed beyond the new Oct. 9 court date.

Fitzgerald also said that when sentencing does take place, he will seek probation for his client.

Sizemore, meanwhile, also faces charges of harassment and sexual battery in a lawsuit brought last month by his former personal assistant, Paulina Briones, who claims she was repeatedly propositioned for sex by the actor.

Briones alleges she was hired in July 2002 for a weekly salary of $1,500 to handle such personal tasks as ensuring Sizemore was awake in time to report to work on his show, answering his phone and fetching him soft drinks.

According to her suit, Briones was hired in July 2002 to work on Sizemore's TV show ("Robbery Homicide Division"), but that Sizemore soon "made his needs and true intentions apparent."

The suit alleges that Sizemore made daily demands for sex and once forcibly tried to have her perform a physical act upon him. Briones also claims he asked her to ask her friends to have sex in exchange for money and to prepare dosages of methamphetamine and Vicodin for his consumption.

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