Marcia Desperate for Decency

Wed., Nov. 1, 2006 2:03 PM PST by Sarah Hall

Marcia Cross's trash may be another man's treasure.

The Desperate Housewives star is scrambling to recover a series of personal photos, some of which depict her in the buff, that wound up in the hands of a garbage collector she hired to haul away trash from her home.

Lawyers for the 44-year-old actress contend that she disposed of the snapshots accidentally, and that the photos are the copyrighted property of Cross and her husband, Tom Mahoney, no matter where they were discovered.

However, Phoenix-based agent David Hans Schmidt, who was hired to represent the garbage collector, claimed Cross gave up her ownership rights when she tossed the photos in the trash.

"The pictures were not stolen," Schmidt told the New York Daily News. "When you throw something away, you forfeit that property."

Schmidt, a well-known porn purveyor who played a role in the distribution of celebrity sex tapes belonging to Paris Hilton, Colin Farrell and Dustin Diamond, among others, said Cross looked "absolutely gorgeous" in the photos, some of which show her showering outdoors.

He also cleared up the question of whether the actress, who is currently pregnant with twins, is a true redhead.

"Yes, the carpet does match the curtains," he told the Daily News.

He acknowledged that copyright laws might prevent his client from selling the pictures of Cross within the United States, but hinted that the photos could be sold abroad.

In an apparent effort to play fair, he encouraged Cross to join the bidding for her property. Aside from the photos, Schmidt claims to have Cross' tax returns.

"I can tell you exactly how much she's worth," he told ABC News. "They threw a lot out."

Schmidt used a similar ploy earlier this year, when he offered Hilton the chance to buy back the contents of a storage locker that wound up in his hands. The locker allegedly contained compromising photos and videotape of the heiress.

So far, he told the Daily News, Cross' representatives have not agreed to meet his price.

"I'm not looking to mortify Ms. Cross," he said. "I just want the most money for my client."