Police were pressured into leaving open I Street in front of the Stanislaus County Courthouse.
ADRIAN MENDOZA/THE BEE
Posted on 10/22/2003 5:26:32 AM PDT by 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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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
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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."............
(Excerpt) Read more at nbc4.tv ...
Do you think he's wondering how many birthdays he has left to celebrate?
Most of what I have is coming from what has been discussed on TV (MSNBC--Abrams report) and Fox News. From what I've heard Allred and Schmidt both discussing, and subsequent responses from lawyers/pundits, coupled with my own experience of having performed due diligence for a rather large corporation (including intellectual property), I believe that the "data sheet" included legally binding language. The agreement has been flashed on TV screens and I have glanced at the legal wording, but can't recite it to you. Nevertheless, signed agreements, (or even verbal agreements), are just as binding as "contracts". The agreement, I understand, is available at Schmidt's website for a fee.
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.
If Amber was pursing a modeling career and then decided to abandon it, Danny Ayers probably did offer her the pics for a fee; otherwise, he would be "in the hole" for his time, film, etc., so, it would not be improper to "sell" her the pics. It seems that Amber did not compensate him for his time and expense, so, legally Danny was entitled to that "intellectual property". Apparently, he sold it to Schmidt.
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.
I disagree, Anse, because Amber is a key witness in a high profile case, and questions have been raised about her credibility, although she hired Allred to shut everybody up for fear of being sued. I see that whatever went on between Amber and Danny could speak further to her credibility. JMO
http://www.scottpetersontrial.com/index.html
I think all they need to do,is pick up is some lipliner
Speaking of lipliner, maybe Jackie can share hers.
Wonder if the truth is slowly dawning on them?
You shoulda warned us!
I don't. Sounds like the judge "split the baby", doesn't it? What happens about the wiretaps, Anse?
I reiterate the above. Though you disagree, I still think it is futile for us to attempt to argue the finer points unless/until we have the pertinent FACTS.
I agree with you that if a contract did in fact exist btw Amber and this photographer, it probably need not have been a written one. I agree with you that public reaction to this business of Amber posting nude may affect her credibility to an extent.
As to who has the right to make money off these pics, we're just going to have to wait till we can at least see the complaint b/f we know the issues here. We know that there exist pictures of Amber posting naked, but we do not really know what happened btw her and this photographer. None of us were there, and no one who was there has been interviewed, nor does any record of their conversation exist, apparently. For all we know, this photographer could have been another of her "clients" (a la the private detective) who said to her, hey, pose for me, maybe we can sell your pictures and YOU can make some money.
I will say that having someone sell the privilege of viewing this "intellectual property" which Amber has created was probably the object of the photo shoot in the first place. And that's what's happened: someone's selling views of the photos. But I believe that Amber only took her clothes off b/c SHE anticipated that SHE would get some of the money, if there was any money from this undertaking. IMO, the suit is mostly about her not getting paid, rather than about her being embarrassed that her nude image is being seen by strangers.
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