BLACK HAWK DOWN star Tom Sizemore has filed a petition to throw out his conviction of domestic violence against former Hollywoodmadam Heidi Fleiss.

Sizemore accuses Fleiss of faking a picture of her bruises submitted as evidence during the April 2003 trial. Fleiss testified the photo was taken by a friend named TARA DABRIZZI who left the next day to visit her ailing mother in another country.

But Dabrizzi never took the stand and Sizemore's attorneys say they were unable to locate anyone with that name. Fleiss, Sizemore's ex-girlfriend, allegedly contradicted herself in a civil trial by saying she didn't know who snapped the photo, according to the Los Angeles Superior Court petition.

Additionally, several people who saw Fleiss in the days immediately after the alleged abuse contend she didn't appear to have injuries or bruises, the petition claims.

Sizemore says, "I know the photograph was a fake because I never laid a hand on her.

"I've had every confidence though that the truth would finally come out. Today is the first step, the first big step forward of the stigma that was attached to my name being erased."

Defence attorney MIKE ROVELL has called on the Los Angeles County District Attorney's office to look into filing criminal perjury charges against Fleiss.

Sizemore was found guilty of a corporal injury count stemming from a 2002 incident in which Fleiss said he punched her in the jaw at the Four Seasons Hotel in Beverly Hills.

He was sentenced to six months in jail and three years of probation.

04/06/2005 01:55