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Diaz Photographer Takes Stand
Cameron Diaz didn't mind having her bare boobs seen in Europe.
Or at least that's what the photographer who snapped the steamy shots in 1992 testified to Wednesday in Los Angeles during his trial.
John Rutter, who's facing forgery, perjury and attempted grand-theft charges for threatening to sell the pics, took the stand in his own defense.
The 42-year-old shutterbug claims he told Diaz the topless photographs "would be syndicated throughout Europe" during the photo shoot, conducted long before she became a household name.
"She was an up-and-coming model at the time," said Rutter, adding that Diaz wanted the photos to expand her portfolio and allow her to become better known in Europe.
Not only did he testify that Diaz knew the shots would be published, he said he was meticulous in making sure all the paperwork was in order. He told jurors he typically retains two or three assistants with the explicit instructions to always "get a model release" before leaving the studio.
Under cross-examination by Deputy District Attorney David Walgren, Rutter conceded that "it looks like" the signature is fake but that he didn't forge her name. He admitted that he lied to Diaz and in an affidavit about where he lived. But, while he said he asked for $3.5 million in exchange for the photos, he denied he was trying to blackmail the actress, saying he was just giving her "right of first refusal."
Prosecutors say Rutter threatened to sell the photos in the weeks before Charlie's Angels: Full Throttle opened in 2003, unless Diaz paid up. An extortion charge was dropped before the trial began July 13.
Rutter's testimony echoed that of Frank Moore, a former agent who worked with Rutter. Moore took the stand Tuesday and said the photographer was vigilant about having all his models sign the forms.
However, on cross-examination, Moore was forced to admit he wasn't sure if Diaz actually signed the document authorizing Rutter to sell the shots in Europe.
Moore was called to the stand after Los Angeles Superior Court Judge Michael Pastor denied a request by Rutter's lawyer, Mark Werksman, to dismiss the case. Werksman filed the motion after the prosecution rested early Tuesday morning. He had claimed the Los Angeles County District Attorney's Office didn't prove its allegations.
Diaz, who was 19 when she dropped her top for Rutter's camera, admitted during her testimony last week that she "felt that it was a safe environment to [pose topless]. I didn't think of [the poses] as perversion...[or] pornographic...I wasn't ashamed to be out there like that."
However, Hollywood's highest paid actress said the signature on the release form was definitely not hers.
To back up her claim, the prosecution called two experts who both said the signature was lifted from a publicity shot for the film Feeling Minnesota. That autograph wasn't an authentic Diaz--it was signed by a publicist.
Rutter is facing up to six years behind bars if convicted. Whatever the jury eventually finds, he and Diaz will again square off in court later this year: He has filed a civil case accusing the actress of fraud and breach of contract. That trial is set for Oct. 17 in Santa Monica Superior Court.
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