Diaz Victorious in Topless Photo Case
Photographer will pay statutory damages for trying to sell illicit photos of the actress
The "Charlie's Angels" actress won her lawsuit on Thursday, March 30 against a photographer who tried to illicitly sell the pictures he took of her before she hit it big, according to published reports. She has been awarded statutory damages.
Shortly before the release of Diaz's "Charlie's Angels: Full Throttle" in 2003, photographer John Rutter approached the actress with a signed model contract -- which the court later determined was forged -- giving him ownership of photos from a session he had with her more than a decade ago. He claims he offered her the "right of first refusal" if she paid $3.5 million for them. The pics feature Diaz in fishnets and leather boots and in one pose, holding a chain attached to a male model's neck.
Diaz sued him in 2004 for unauthorized use of her name and image. In court she testified that she suspected blackmail when Rutter told her he would sell the photos to "people who were intentionally trying to hurt me" and that they would portray her as a "bad angel." Shortly thereafter, Rutter's apartment was raided and the photos were seized.
In July 2005, he was convicted of forgery, attempted grand theft and perjury on the court for threatening to sell the risque photos to prospective buyers worldwide. He is currently serving part of his three years and eight months in prison on those convictions.
In the Thursday ruling, the judge also dismissed a countersuit that Rutter filed against the actress, accusing her of fraud and breach of contract, claiming that she had expressed interest in purchasing the photos, but instead baited a trap for him.
Diaz has proven to be a celebrity not to be crossed. Last year she also won her suit against The Sun that claimed she was cheating on boyfriend Justin Timberlake with a married man. The UK tabloid admitted that the story was false.
Diaz's screen credits include "The Mask," "There's Something About Mary," "My Best Friend's Wedding," "Being John Malkovich," the "Shrek" films and "In Her Shoes." She next stars opposite Kate Winslet and Jack Black in the romantic comedy "The Holiday," due in theaters in December.
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