Post by CrazyGirl on Aug 1, 2004 10:46:28 GMT -5
Judge delays trial of photographer who shot racy images of Cameron Diaz
The trial of a man who took S&M-style photos of actress Cameron Diaz
more than a decade ago was postponed this week, but the Venice
Beach, Calif., photographer now faces potential jail time for
allegedly selling those images in defiance of a court order.
In 1992, photographer John Rutter, 41, shot about 20 topless photos
and a video of the then-19-year-old Diaz, just two years before her
star-turning role in "The Mask."
Last summer, Rutter approached Diaz and offered her the images for
$3.3 million, saying he had been approached by an unspecified
European group that wanted to buy them for $5 million.
According to Rutter, he was simply offering the actress first right
of refusal. But Diaz saw it differently, and contacted the Los
Angeles district attorney, who charged the photographer with
extortion, attempted grand theft, perjury and forgery.
According to Rutter's former attorney, Ronald Richards, the
photographer spent 90 days in jail before he was able to scrape
together the $250,000 bail.
Although the extortion charge was later dropped, prosecutors say the
May 30, 1992, model-release form Rutter procured in his defense is a
fake. Moreover, a forensic analyst testified in pretrial hearings
that Diaz's signature was likely copied from a recent publicity shot
that bore her signature.
The actress and her former shutterbug were set to meet in court
Monday for trial, but Rutter's new defense attorney, Mark Werksman,
who has represented stars such as Nick Nolte and Tom Sizemore, was
brought on at the last minute and the proceedings were postponed to
give defense counsel time to prepare.
In the meantime, Rutter may end up back in jail if prosecutors can
prove he violated a court order.
Last November, a judge granted a permanent injunction against the
sale of the images and also banned Rutter from possessing or
publicizing them. They have been kept under lock-and-key since then
in a Bank of America safety deposit box in Los Angeles and at the
DA's office.
So how did a campy video of the 1992 photo shoot end up blazing
through Internet chatrooms and X-rated Web sites?
Prosecutors allege that Rutter made money off the sale of the video
to Caribbean-based Web site www.scandal-inc.com.
In early July, Scandal Inc. released the film for Internet viewers
willing to pay a $39.95 credit-card fee. The now-defunct site also
issued a press release, boasting about the "enticing non-acted
film," which exposed Diaz's "wilder sexual side" and was "a real
legal hot potato" for photographer Rutter.
"Overcoming extortion and forgery charges, the copyright has been
licensed by Scandal-Inc.com for a world exclusive!" The July 6,
2004, release stated.
In addition, an "industry public relations figure" — identified
only
as KB — "who specializes in the promotion of sexy celebrity
films"
is quoted as saying that Rutter sold the licensing rights to the
film and photos "years ago" and that Scandal Inc. picked up the
rights "sometime early last year."
The vague statement seems to imply that the rights were sold prior
to Rutter's legal troubles with Diaz.
Calls to a number listed on the press release were not returned.
A civil suit against the photographer is still pending. Rutter's
bail status will be reviewed on Aug. 31, when a judge will determine
if he violated the injunction.
Rutter's new trial date is Oct. 13. He faces a maximum of five to
six years in jail if convicted.
The trial of a man who took S&M-style photos of actress Cameron Diaz
more than a decade ago was postponed this week, but the Venice
Beach, Calif., photographer now faces potential jail time for
allegedly selling those images in defiance of a court order.
In 1992, photographer John Rutter, 41, shot about 20 topless photos
and a video of the then-19-year-old Diaz, just two years before her
star-turning role in "The Mask."
Last summer, Rutter approached Diaz and offered her the images for
$3.3 million, saying he had been approached by an unspecified
European group that wanted to buy them for $5 million.
According to Rutter, he was simply offering the actress first right
of refusal. But Diaz saw it differently, and contacted the Los
Angeles district attorney, who charged the photographer with
extortion, attempted grand theft, perjury and forgery.
According to Rutter's former attorney, Ronald Richards, the
photographer spent 90 days in jail before he was able to scrape
together the $250,000 bail.
Although the extortion charge was later dropped, prosecutors say the
May 30, 1992, model-release form Rutter procured in his defense is a
fake. Moreover, a forensic analyst testified in pretrial hearings
that Diaz's signature was likely copied from a recent publicity shot
that bore her signature.
The actress and her former shutterbug were set to meet in court
Monday for trial, but Rutter's new defense attorney, Mark Werksman,
who has represented stars such as Nick Nolte and Tom Sizemore, was
brought on at the last minute and the proceedings were postponed to
give defense counsel time to prepare.
In the meantime, Rutter may end up back in jail if prosecutors can
prove he violated a court order.
Last November, a judge granted a permanent injunction against the
sale of the images and also banned Rutter from possessing or
publicizing them. They have been kept under lock-and-key since then
in a Bank of America safety deposit box in Los Angeles and at the
DA's office.
So how did a campy video of the 1992 photo shoot end up blazing
through Internet chatrooms and X-rated Web sites?
Prosecutors allege that Rutter made money off the sale of the video
to Caribbean-based Web site www.scandal-inc.com.
In early July, Scandal Inc. released the film for Internet viewers
willing to pay a $39.95 credit-card fee. The now-defunct site also
issued a press release, boasting about the "enticing non-acted
film," which exposed Diaz's "wilder sexual side" and was "a real
legal hot potato" for photographer Rutter.
"Overcoming extortion and forgery charges, the copyright has been
licensed by Scandal-Inc.com for a world exclusive!" The July 6,
2004, release stated.
In addition, an "industry public relations figure" — identified
only
as KB — "who specializes in the promotion of sexy celebrity
films"
is quoted as saying that Rutter sold the licensing rights to the
film and photos "years ago" and that Scandal Inc. picked up the
rights "sometime early last year."
The vague statement seems to imply that the rights were sold prior
to Rutter's legal troubles with Diaz.
Calls to a number listed on the press release were not returned.
A civil suit against the photographer is still pending. Rutter's
bail status will be reviewed on Aug. 31, when a judge will determine
if he violated the injunction.
Rutter's new trial date is Oct. 13. He faces a maximum of five to
six years in jail if convicted.