Sizemore, in rehab, misses court

A judge signed an arrest warrant for actor Tom Sizemore on Tuesday after the costar of “Saving Private Ryan” and “Black Hawk Down” failed to appear at a probation violation hearing because he had checked into a live-in drug rehabilitation program.

But Los Angeles Superior Court Judge T.K. Herman held off issuing the warrant to allow Sizemore to return to court July 22, when the judge who has been overseeing Sizemore’s case is scheduled to return to the bench.

Deputy Dist. Atty. Sean Carney said outside court that Sizemore has also failed to comply with Superior Court Judge Paula Adele Mabrey’s order last month that the actor submit to drug testing at least once every three days. Carney also said that the drug rehab facility Sizemore has checked into is not approved by the county Probation Department.

Carney said prosecutors plan to treat this incident as a second probation violation. After three violations, Sizemore could be sent to state prison.

“We’re currently in a hearing on one violation, and we’re going to start another one on this violation, and it will be up to the court as to how she wishes to resolve those matters,” Carney said.

Defense attorney Michael J. Rovell said Sizemore is not trying to defy the court, and “is trying to get back his health.”

The 43-year-old actor pleaded guilty in October to a felony charge of possessing a controlled substance -- methamphetamine. Prosecutors say he violated his probation in that case by using a prosthetic device to fake a drug test.