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."............

[RGSpincich]

The photographer's name is Danny Ayers. As of February 10, 2003 (I know) he still owned Emerald Photography. Since that time there is no record (that I can find) of the transfer of the business name to Schmidt, so I guess he just bought the pictures.

[Jackie-O]

Geragross' team lurks here, allerted MG that we were on our way to Modesto. He may need some time to prepare for the SCOW arrival.
Yes it speaks max volume to me that Wacky and Wimpy wer absent on Baby Boy's Birthday, considering he is spending it in court. There have been some leaks on some new stuff these days, maybe they are privy to some pretty damning stuff.

[Xenalyte]

Good reason never to take nudie pics, there, ain't it?

[Devil_Anse]

You seem to have a lot of facts that I don't have.

I have heard that she filled out the data sheet (asinine personal questions), but I did not hear that she signed an "agreement". (Contract.) If she did, I had not heard that it had "legally binding language" on it, but if it did, the question is, were both parties bound? Was it mutual? Was there a meeting of the minds? Did the photog give consideration in return for whatever Amber may have given (presumably, her work in posing)? IOW, was the contract valid?

If she was offered her pics, as you say, I am guessing that she wasn't offered them just as a gift, or I bet she'd have taken them.

Unless there are some facts out there for us, the public, to know, it's kind of silly for us to draw any conclusion yet as to what "rights" this Schmidt may have to publish the pictures. If there's a contract, let's see what it says. I think that's what Amber's lawyers are asking for, too, at the moment. And if the only original of this alleged "agreement" (contract) was given to Amber, then she hasn't got a problem. And if no copy of it was kept by the photographer, I find it hard to believe that this alleged contract was included in any inventory which was later sold. How would the buyer have even known it existed?

I doubt Amber and her attorneys, whatever their names are (not Allred, on this suit), are going to be too upset with the money Schmidt is making on this, b/c it looks like Amber may end up with a share of the money.

We can throw around all the fancy terms we want, but Amber may well have retained some rights here, among them at least a right to part of the proceeds from the use of her image.

[Devil_Anse]

if they found Scotty's prints on the buoy

If so, maybe they'll be dragging the buoy into the courtroom!!

[Devil_Anse]

Dev, you got any bumps or bruises this morning?

No, but the ceiling is tragically scarred--considering that when he swung upward, his HANDS almost touched the ceiling, much less the plastic bat! No way could Scott have swung that club indoors hard enough to kill her, w/o also hitting something, be it wall or ceiling, or maybe taking a gouge out of a piece of furniture! If there are such marks, hope the cops found them!

[Devil_Anse]

Gee, Jackie, Geragos looks kind of pale in that picture.

[Devil_Anse]

Oh, potty humor, Scotty humor, what's the diff?? It's all fine here!

[Jackie-O]

LOL! Excellent caption!!

[Devil_Anse]

What? The prelim, etc., has been moved to Wednesday now??

[Devil_Anse]

Really? Well, well, then where's her "contract" with Ayers/Emerald Photography? If the only document involved is this data sheet, maybe the defendants will claim there was an oral contract. He said, she said. Hmm.

I wish TheSmokingGun.com would publish Amber's complaint from her lawsuit. That would tell us a lot.

[Devil_Anse]

Court TV says they are having a special report about this case at 4:30 E.S.T., with Nancy Grace.

[Jackie-O]

I just went on the website and it told of the 1 day postponement, no info why. But they will update later.

[Velveeta]

I think you could choke up on the club and swing downwards or even take a sideways swing. Since she was short, if he took a swing sideways, it would probably connect up to her head level. (I hate talking about this stuff!)

How tall are you? Did we have a comparable demonstration here?!!

I'm curious to find out when SP looked up the navigational info on his computer. I'm guessing that the Dirty and Skeeter story was probably fact, but SP didn't come up with the money and figured he'd have to take care of things himself (seeing as how he thought nobody would suspect him). I can't see any "self-respecting" crook not, at least, take the car.

Probably frenzied computer activity in December.

[CheneyChick]

According to the 'Murky' News:

Stanislaus County Judge Al Girolami postponed the case today to allow Peterson's defense attorney Mark Geragos time to wrap up another case.

[Devil_Anse]

Yes, he is about the same height as Scott, perhaps an inch or two taller, and I'm about Laci's height, or maybe an inch or two taller.

Yes, someone said he could've held the club farther down on the shaft, but once you get past the grip part, seems it would be very hard to firmly hold the metal shaft. And he'd have to have a firm hold to really do mortal damage.

[Sandylapper]

Thanks, RG! Had never heard, that I recall, the name Danny Ayers. It is possible then, that Danny never sold his business to Schmidt, just the pictures and a copy of the "data sheet agreement".

[RGSpincich]

to allow Peterson's defense attorney Mark Geragos time to wrap up another case.

Or to fit a timeline for dropping a stink bomb in SP's trial. I wonder what little surprise Geragos has planned for the Friday before the first weekend break?

[MaggieMay]

From the ModestoBee.com,titled,"Peterson Preminary Delayed Again."
link
http://www.modbee.com/local/story/7637744p-8544063c.html

Scott Peterson’s preliminary hearing will start Wednesday, a day later than planned, a judge ruled Friday.
Attorneys on both sides shared witness lists with each other but did not make them public.

Nor did they reveal which witnesses each side will try to prevent from testifying.

Peterson, who turned 31 today, is charged in the deaths of his pregnant wife, Laci, and their son, Conner.

Prosecutors are seeking the death penalty.

Stanislaus County Superior Court Judge Al Girolami granted the fourth and presumably final delay to accommodate Peterson’s lead attorney, Mark Geragos.

He is involved in a Los Angeles murder trial that is not expected to conclude until next week.

Girolami also will allow Peterson to wear street clothes rather than inmate garb to the preliminary hearing.

A prosecutor had asked the judge to revisit the issue because television and still cameras won’t be allowed in the courtroom.

Girolami issued a tentative decision in favor of holding a special hearing on whether to allow mitochondrial DNA evidence gathered by authorities.

Such hearings allow judges to explore technology that might be new to courtrooms.

The judge, however, ruled against special hearings on cadaver dogs and global positioning system tracking technology.

Peterson’s defense hopes to prevent prosecutors from presenting such evidence.

[Devil_Anse]

I swear, if when Geragos returns to clogging up the news/political-passion-play channels, he says ONE WORD of complaint about how grueling his schedule has been... I will BARF! He's a great rainmaker, but if he complains, I guess it means he doesn't know that if you pick up cases like lint, you may not have the resources to do all the work!

People need to give Bernie Grimm and Chris Pixley some work, so they don't have to be on TV all the time! But they probably prefer being on TV!

Just heard there are wildfires somewhere near L.A. Perhaps difficulty of travel is what's slowing down Geragos.