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Jury Deliberates in Diaz Trial

LOS ANGELES – Jurors are scheduled to resume their deliberations today in the trial of a photographer charged with three felony counts in connection with his June 2003 bid to sell old topless photos of Cameron Diaz.

The seven-woman, five-man panel spent about 2 1/2 hours Friday considering the case against John Rutter after hearing closing arguments from attorneys for both sides.

The 42-year-old Los Angeles-based photographer is charged with one felony count each of attempted grand theft, perjury and forgery in connection with his June 2003 effort to sell the topless photos he took of Diaz on May 30, 1992, when she was an unknown model.

Defense attorney Mark Werksman told jurors on Friday that Rutter had a “good faith, although ultimately mistaken belief” that a model release form purportedly containing Diaz’s signature was genuine when he approached her in June 2003 with an offer to sell her the photos for more than $3 million.

Deputy District Attorney David Walgren countered that Diaz became the target of Rutter’s “scam and con” just over 11 years after voluntarily posing topless for him, and that the photographer used a “forged document” and a two-day deadline to try to pressure the actress and her representatives.

No one, including Rutter himself, testified to seeing Diaz sign the model release form. In testimony earlier this month, Diaz vehemently maintained that she had never signed a model release form involving the photo shoot.

Rutter is accused of forging Diaz’s signature on the model release form in an effort to get the actress to buy the topless photos from him, and then lying when he said in a sworn declaration that Diaz’s signature on the model release was not faked.

An attempted extortion count against him was dismissed before the case went to trial.

A civil case also is pending in connection with the 1992 photos. Trial is set Oct. 17 in Santa Monica Superior Court in that case.

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