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 .......

_-------------------------------------------------------------------------------------------------------------------------------------------------

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 .........

-------------------------------------------------------------------------------------------------------------------------

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........

------------------------------------------------------------------------------------------------------------------

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 .........

-------------------------------------------------------------------------------------------------------------------------------------------------

COURT CALENDAR

Scott Peterson Court Dates

-----------------------------------------------------------------------------------------------------------------------------------

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

[MaggieMay]

Thanks Diver Dave. I belive his name is Judge Ladine,does that sound right? I will go check back,to see if I can verify that it is the name. I really appreciate your posting this information this is the first I have heard that he would be called to testify.

[clouda]

How about the interview with Gloria Gomez (i think). After speaking about his missing wife and tearing up etc. The camara is still on him (he obviously is unaware of the fact) and he goes and checks himself out in his mirror in the living room. Creeeeeeeepy.

Creepy is right, and very telling!

For anyone that missed this.

Scotty checking out his act

[Devil_Anse]

Yes, the "402's" are about the cadaver dogs and global positioning devices. I don't have the CA Rules of Evidence handy (LOL! but I'm sure they're on the web); however, I can tell you that Federal Rule of Evidence 402 is: RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE. All relevant evidence is admissible, except as otherwise provided by the Constitution of the U.S., Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible."

I can't speak for every state, but the trend is and has been for the states to make their rules of evidence the same as, or similar to, the Federal Rules of Evidence. I am guessing that CA's Rule 402 is just like the above.

Notice the last sentence of the rule: that's what Geragos was saying: he was saying that those dogs' behavior was not relevant, b/c it doesn't prove anything when the dog goes in this direction, or whatever direction. (Nonsense! We know it does.) He was saying also that the global positioning devices' information wasn't relevant.

I hadn't heard that he'd decided to hold a Franks hearing, and that he'd have it on Oct. 29. At that hearing Geragos and McAllister are supposed to back up their assertions that the cops lied, or recklessly disregarded the truth, in their affidavits used to get the wiretaps. (I'm disappointed that the judge granted them their Franks hearing.)

[Devil_Anse]

Sandy, I'm not arguing that Amber's having her nudie pictures out there might interfere somewhat with her credibility.

All I'm saying is that if we don't have the specifics of whatever contract was allegedly made btw Amber and this photographer, we're like the 3 blind men feeling all over the elephant, trying to figure out what animal they were feeling. If/when we know the details of the contract, or know if a contract even existed, then we can draw better conclusions as to whether that pathetic porn peddler has to pay Amber money or not.

As to her credibility, if prosecutors couldn't or didn't use witnesses with bad pasts, they could hardly ever make prosecutions! So often crimes happen in bad areas, and the bad areas are filled with sleazeballs, sleazeballs who make Amber look like St. Therese, the Little Flower of Jesus. And so sleazeballs are the only witnesses, so the prosecutors use them as witnesses, and sometimes the sleazeballs are convincing, and are believed!

[Devil_Anse]

See, if something sleazy WAS going on btw Amber and Danny at the time of the shoot, that makes me less likely to believe that they had any contract at all! In which case, she may NOT have agreed to let him have the photos and sell them and do God-knows-what with them.

Suppose Amber and Danny had been having a brief affair at the time: boyfriend/girlfriend, and suppose that was why she let him photograph her posed like that. Would anyone here think that just b/c some broad was fool enough to let her boyfriend photograph her posing nude, that that gives him the right to sell her nudie pics and spread them all over the globe, making money and not giving her any of the money? (I'm not asking if she DESERVED to have that happen b/c she did something so foolish; I'm asking, would that give him a legal right?)

[Devil_Anse]

So has the judge ruled that there will be a Franks hearing? Okay, I'll admit it, I didn't bookmark the site with the official updates on rulings and motions. Could you post it again?

[Devil_Anse]

LOL!!!

(Is THAT what Boy George was saying in that song??!? Well, I'll be!!! I thought he was saying, "Come-a come-a come-a come-a come-a to me, Leonnnn!")

[Devil_Anse]

I think on those tapes we will see a man who will do anything for a piece of boody... much like a teenager.

Ain't THAT the truth!!

[Devil_Anse]

Well, TOUGH SH##, DANNY! You play, you pay! (LOL)

[Devil_Anse]

has performed with BB King

WOW!!!

[Devil_Anse]

Apparently Scott's (half?) brother John visited him in jail on Scott's birthday. That's probably who you saw.

I didn't see him. I take it he was somewhat inarticulate?

[Devil_Anse]

LOL!! Jackie-O: SCOW Official Bugler.

Say bye-bye, Scott!

[Devil_Anse]

Present! Only 10 hours late!

[Devil_Anse]

Jackie P.'s other sons probably came to their senses a long time ago, and don't want anything to do with her!

[Devil_Anse]

How old did this brother look? Scott's (half?) brother John is supposed to be about 6 years older than Scott.

I think Joe, much older, is the one who was married to Janey.

[Devil_Anse]

I bet they will use his media interviews! (Though not necessarily at the preliminary.)

[Devil_Anse]

Thanks!!

In the TRIAL?? They expect us to wait that long??! LOL!

[Devil_Anse]

Let's assume that the prosecution wins the case, using (among many others) Amber as a witness.

Her credibility is something for the jury to determine. Stuff like that is for the people (jurors) who were actually THERE--there at the trial. Appeals courts don't like to mess with jury determinations. This sort of issue on an appeal would come under: "The verdict was against the weight of the evidence." That's a hard one to win on appeal.

[Devil_Anse]

What? Lafroste is married to Amber Frey??!

Hey, lafroste, get over here, we've got some questions to ask you!!

[Terry Mross]

I hope you realize someone is going to ask you if you want to buy some nude photos of your wife. It's an old joke.