Peterson's Mistress Seeks To Stop Sale Of Nude Photos

NBC4.com ^ | Oct 21, 2003

[runningbear]

Peterson's Mistress Seeks To Stop Sale Of Nude Photos
Amber Frey Admits To Posing Nude

Peterson's Mistress Seeks To Stop Sale Of Nude Photos
Amber Frey Admits To Posing Nude

POSTED: 8:27 a.m. PDT October 21, 2003
UPDATED: 8:38 a.m. PDT October 21, 2003

LOS ANGELES -- The woman who admitted having an affair with accused killer Scott Peterson filed a federal lawsuit Monday in an attempt to stop attempts to sell nude photos of her.

Amber Frey said she posed nude and partially clothed for a Clovis modeling agency in 1999. Though she decided not to continue with the agency, she didn't pick up the photos, the suit states.

Frey claims that after she made a public statement about her romantic relationship with Peterson, David Hans Schmidt tried to sell the photographs of her on the World Wide Web.

Peterson now faces trial on charges he murdered his wife, Laci, who was pregnant.

Frey contends Schmidt, an Arizona resident, got the photos illegally. She also alleged he "attempted to sell the photographs to third parties, including Larry Flynt for publication in Hustler."

Schmidt said he could not comment because he had not seen the .......

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Cadaver Dog Indicated Laci Peterson's Body was in Husband's Boat

Cadaver Dog Indicated Laci Peterson's Body was in Husband's Boat

Prosecutors believe Laci Peterson's body was in her husband's warehouse and boat before it was dumped in San Francisco Bay, according to court documents filed late Friday.

According to a report by the dog's handler, the cadaver dog showed "mild interest" in the boat and displayed some interest in containers in the warehouse during a search.

The defense team for Scott Peterson contends that the dog's failure to "alert" on the boat is proof that the body was never in the craft.

However, prosecutors argue that the dog did not fully alert was because it was distracted by the heavy smell of chemicals in the warehouse.

Scott Peterson used the warehouse located on Emerald Avenue as an office and storage area for his job as a fertilizer salesman.

The debate over the cadaver dog started when Peterson's lawyers sought to have wiretap information thrown out. Defense attorneys argued an investigator "purposely omitted" information from the dog handler's report in affidavits to a judge when seeking warrants for the wiretaps.

Stanislaus County Superior Court Judge Al Girolami will decide whether to exclude the wiretaps and information from the dog's search after the preliminary hearing. That hearing was scheduled to begin today but has been postponed to October 28.

Scott Peterson is facing two counts of murder in the killings of his wife and unborn son. A conviction on the charges could result in the death penalty.

Laci Peterson was eight months .........

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Report: Dog 'interest' noted

Reposting

Report: Dog 'interest' noted

By JOHN COTÉ
BEE STAFF WRITER

Published: October 20, 2003, 09:08:05 AM PDT

Prosecutors contend that Laci Peterson's body was in her husband's warehouse and boat before the body was dumped in San Francisco Bay.

The assertion is in a document filed late Friday in Stanislaus County Superior Court, where Scott Peterson is due for a preliminary hearing Oct. 28 on charges that he murdered his pregnant wife and their son, Conner.

A cadaver dog "showed mild interest" when placed in Peterson's boat and was interested in containers under a small workbench in his Modesto warehouse, according to the newly filed document, a partial report from the dog handler.

Peterson's defense contends that because the cadaver dog, Twist, did not "alert" -- or indicate that she had found the sought-after scent -- in the boat, "the prosecution's own investigation proved that Laci Peterson's body was never in Scott Peterson's boat."

That contention "grossly misstates" the dog handler's report, Senior Deputy District Attorney Rick Distaso wrote.

"It is clear that Twist showed some interest in the boat and other areas of the warehouse but did not fully alert," Distaso wrote. "This was probably due to the heavy chemical smell in the warehouse."

Peterson, 30, of Modesto worked as a fertilizer salesman. He used an Emerald Avenue warehouse as an office and stored chemicals and his boat there, according to portions of the report by a Contra Costa County Sheriff's Department Search and Rescue Team member.

The report indicates that the dog "showed mild interest but no alerts" after being placed in Peterson's boat.

The dog showed no interest in the small office area but was interested in some containers under a small workbench, dog handler Eloise Anderson wrote.

"She checked several times in each container, along the edge of the workbench where she could reach and along the edge of the boat closest to the workbench," Anderson wrote. "She demonstrated frustration by barking but did not go to her full alert or pinpoint a particular spot."

The jousting over the cadaver dog arose from a defense challenge to two wiretaps on Peterson's phones. The defense maintains that an investigator "purposely omitted" information in affidavits to a judge when seeking warrants for the wiretaps.

Investigators intercepted more than 3,000 phone calls during two wiretaps: one authorized to run Jan. 10 to Feb. 4, the second April 15 to 18, the day police arrested Peterson.

If Judge Al Girolami finds that district attorney investigator Steve Jacobson willfully omitted key material in his affidavits that would have affected a judge's decision to issue the warrants........

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Modesto police change plan to limit traffic for Scott Peterson hearing">

Police were pressured into leaving open I Street in front of the Stanislaus County Courthouse.
ADRIAN MENDOZA/THE BEE

Modesto police change plan to limit traffic for Scott Peterson hearing

By RICHARD T. ESTRADA
BEE STAFF WRITER

Published: October 21, 2003, 07:21:04 AM PDT

The Modesto Police Department put its I Street traffic plan in reverse Monday, following heavy criticism from downtown business owners and the mayor. I Street will stay open, after all.

"I'm sorry to see it took a lot of pressure to change their mind, but at least the police have made the right decision," said Judy Aspesi, co-owner of Dewz Restaurant, at the corner of I and 11th.

Police originally were going to close I Street, between 10th and 12th streets. The second plan, announced Friday, was to limit traffic to one lane in each direction and ban parking.

That was to accommodate television trucks in town for the Oct. 28 preliminary hearing of Scott Peterson, a 30-year-old Modesto fertilizer salesman charged with the murder of his wife and son.

The new plan -- the final plan, police Lt. Dan Inderbitzen promised -- has I Street open and TV trucks parking on the construction site of the Gallo Arts Center.

The I Street lot, between 10th and 11th streets, is across from the Stanislaus County Courthouse, where the hearing will be held.

Mayor Carmen Sabatino was upset at the proposal to limit traffic .........

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COURT CALENDAR

Scott Peterson Court Dates

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Frey files suit over pictures

Frey files suit over pictures

By JOHN COTÉ
BEE STAFF WRITER

Published: October 22, 2003, 05:17:00 AM PDT

Amber Frey, a key figure in the Scott Peterson double murder case, is suing a pornography broker for $6 million for posting nude and seminude photos of her on his Web site.

Frey, a 28-year-old Fresno massage therapist, is a potential key witness against the 30-year-old Modesto fertilizer salesman, who is accused of murdering his wife and son.

During an emotional news conference at Modesto police headquarters in January, Frey said she did not know Peterson was married when she became romantically involved with him in the weeks before his pregnant wife, Laci, disappeared.

Police said Frey cooperated with their investigation. Partial phone records show she called Peterson dozens of times while investigators tapped his phones, often calling a police detective immediately after hanging up with Peterson.

Frey also called Laci Peterson's mother, brother and friends, and continued to call Scott Peterson after the phone taps were turned off, the records show.

In the lawsuit filed Monday in U.S. District Court in Los Angeles, Frey accuses David Hans Schmidt of posting photos of her on his pay-for-use Web site without her permission.

Schmidt's Arizona-based public relations and production company, which carries his name, also is named in the lawsuit, which alleges misappropriation of Frey's name and likeness, unlawful or misleading advertising, invasion of privacy, and negligent and intentional infliction of emotional distress.

The pictures were taken in 1999 at Emerald Photography in Clovis for a "test shoot," according to the lawsuit. Frey was 24 at the time.

Schmidt has said he purchased the photos from the photographer earlier this year and attempted to sell them to Larry

Flynt for publication in the pornographic magazine Hustler. Schmidt posted them on his Web site in September.

At no time did Frey "license or authorize the use of her photographs by any defendant or any other person," the lawsuit states.

Frey is seeking to have a court forbid the sale or use of the photographs and require all negatives, reproductions and copies confiscated and destroyed.

Schmidt could not be reached for comment Tuesday. In earlier interviews he has said he had a legally binding model release for the photos.

"I hope she sues," Schmidt said in September.

Frey's attorneys contend that the purported model release is a "data sheet" that indicated Frey "had no tattoos, no body piercings, likes horses and would pose nude."............

[Sandylapper]

I'm having loads of trouble getting my posts through tonight. I'll keep trying to get this one through, but after that, it may not be worth it. Say, is tomorrow (today) Vel's birthday?

[Sandylapper]

The way I understood this thing with Schmidt, is that some nameless man sold him the business. Along with that sale, he purchased all contracts and agreements. Included was Amber's agreement. So maybe they should be sueing the seller of the business if she had some verbal agreement with him. The seller could have pulled Amber's agreement and destroyed it at the time of the sale, I suppose, or given it to Amber, but he didn't.

[Canadian Outrage]

So am I!! If it keeps up this slow, I'm gonna log out till tomorrow morning. *darn*

[Sandylapper]

You have to wait for Diver Dave's report!

[Lucy Lake]

I'm waiting for Diver Dave's report, also!

[Diver Dave]

Gloria Gomez, reporterette from KOVR13, reports that investigators have found red paint on Peterson's boat. The suggestion is that the paint was transferred to the boat when Scaught tied the boat to bouy # 4 in the bay.

Coast Guardsman interviewed stated that the water at bouy #4 is thirty feet deep and the water can get quite rough at that location.

Suggestion is also made that Scaught tied up to the boat to stabalize the boat while dumping the body.

Divers have returned to bouy # 4 repeatedly throughout the course of the investigation

Gomez reported that it is unknown to her if the paint on the boat and the bouy are a match, but given the fact that the divers continue to dive around bouy 4 suggests that possibility.

From Modesto, this is your embedded reporter, dd, returning you to your regular programming.

[Devil_Anse]

I'm having some trouble with slowness on this computer. Can't tell if it's my computer or the site.

[Diver Dave]

The KOVR anchors, led the story with the following statement, "Explosive evidence that could send Scot Peterson to Death Row.

As an aside, I've got an aquaintance that has been installing a bunch of communications equipment down at the courthouse for all the media who will be converging on our fair city over the next few days.

[Devil_Anse]

Thanks!!! We had been hearing something about red paint, but not enough details to make sense of it! Looks like it's "breaking"--with more details coming out! So they even gave the number of the buoy??

Q."Why would your boat have hit the buoy, Mr. Peterson? Haven't you ever operated a motorized skiff before?"

A."Yes, OF COURSE I have!! I've been doing it since I was a little boy! I'm an expert! My father taught me all about boating... oh... wait.............................um, well, I'm not that good a boater, yeah, I just crash into stuff all the time... and, uh, I, uh, did I tell you that I was always cutting my hands all the time, too?"

[Devil_Anse]

I don't suppose he could, um, hook up a few extra feeds... about 3000 miles away.......?

[Sandylapper]

You are a treasure, and quite valuable to our threads, DD! Thanks so much, and we'll be counting on you next week!

[Devil_Anse]

I'm assuming that Scott went out there and dumped the body in the dark of night.

Those buoys, some of them have little lamps on them, don't they?

[Diver Dave]

Those buoys, some of them have little lamps on them, don't they?

I do believe most all those bouys have lights for marking the channel as well as bells on some. Lots of seagull poop, too. :)

[Devil_Anse]

When it got all slow, I was just gonna post to you that I must've been wrong when I thought they disputed that it was really Amber's signature. From the little that has been said of the details, I now gather that Amber's side is saying it wasn't a release she signed, but just a "data sheet", which would just be her giving information--would not be a release or contract.

And if Amber did do a valid contract with that photographer, who later sold his business, wonder if Amber's agreement with HIM is transferable to someone else? Amber's team could argue that whatever contract she may have signed with the photographer, that the present owners of his business don't have privity of contract as to her contract with the photog.

I mean, if I sign a contract with you, does that mean you can just sell it to whomever you wish, and I am obligated to THEM under the contract? I don't think so!

[Canadian Outrage]

I think he did this in the middle of the night also.!! And yes, I had heard about the red paint on his boat. I mentioned it the other day but I wasn't sure what it came from. Guess there probably isn't too much question that his Kingfisher Boat WAS in the Bay.

[Diver Dave]

You are a treasure...

Thanks. That's what Mrs.dd says all the time and I know better than to argue with her. :)

[Devil_Anse]

...unless, of course, the contract SPECIFIED that it could be assigned by the photographer to someone else.

How about Amber's side of the contract? In a contract, each side is obligated to do something for the other. Does this mean that Amber could go get her friend Helen Thomas, and say, "Here, I've decided to sell my part of this contract to Helen here, so SHE'LL be the one posing for you"? (Boy, that photographer suddenly wouldn't be getting his money's worth!)

[Devil_Anse]

And back in January, there were heated discussions as to how he could push a large bundle out of that small boat w/o tipping the boat over. Now we may have the answer--he used the buoy for partial support?

[Trajan88]

She kinda looks like Max Headroom only with longer hair.

Eeeeek!

Trajan88

[Canadian Outrage]

Exactly!!