A Los Angeles photographer was sentenced to nearly four years in prison after being convicted of attempting to sell topless photos of actress Cameron Diaz. John Rutter was found guilty of attempted grand theft, forgery, and perjury in connection with his efforts to sell the 1992 images back to Diaz.

Conviction and Sentencing

John Rutter, 43, was sentenced to three years and eight months in prison on Thursday by Los Angeles Superior Court Judge Michael Pastor. Rutter had faced a maximum term of five years behind bars and had requested probation, stating that the case was a misunderstanding and he had not intended Diaz any harm. The sentencing followed a July conviction where a seven-woman, five-man jury found Rutter guilty of attempted grand theft, forgery, and perjury.

The convictions stemmed from Rutter's attempts to sell topless pictures of Cameron Diaz, taken in 1992, back to the actress after she achieved film stardom. Prosecutors accused Rutter of trying to blackmail Diaz for $3 million over the "steamy, bondage-themed photos." Deputy Dist. Atty. David Walgren stated that the case would have been prosecuted in the same manner regardless of the victim's celebrity status. Defense attorney Mark Werksman described the trial as an "epic battle" between a "rich and famous celebrity" and a "hardworking photographer," calling the verdict "the blackest" day in his client's life. Rutter was 42 at the time of the verdict.

The Photo Shoot and Alleged Scheme

The photos in question were taken in 1992 when Diaz was a 19-year-old aspiring model looking to break into Hollywood. She testified that she posed bare-breasted more than a decade ago. The shoot involved Diaz posing in leather boots and fishnet stockings in a warehouse, and at one point, she held a chain attached to a male model’s neck. Rutter testified at the trial that he believed Diaz’s signature on a model release was genuine and that he wanted to give the "Charlie’s Angels" star the chance to keep the 1992 photos out of circulation.

Diaz, who shot to fame in the 1994 comedy "The Mask," testified that she never signed a release form and felt betrayed when Rutter tried to sell her the pictures in 2003. She stated that the signature on the release form "just had to be a forgery," noting, "The slant. It’s not my C, my A, my D. It’s completely foreign to me." The jury agreed with Diaz's assessment. Rutter acknowledged that Diaz's signature appeared to be forged on a model release form he showed the actress, but he insisted he was not the one who committed the forgery.

Rutter testified during his two-week trial that he gave Diaz two days to pay him $3.5 million for the photos before he would shop them to prospective buyers for a campaign timed to coincide with the 2003 release of her film "Charlie's Angels: Full Throttle." He maintained that he was only offering her the first right of refusal, not attempting to blackmail her. Diaz, however, testified that Rutter told her the buyers were "going to use this against" her by portraying her as a "bad angel" in a large magazine spread and bus and billboard ad campaign. She contacted authorities when Rutter would not identify the purported buyers. Diaz was not present in court for Rutter's sentencing or the verdict. In a statement, Diaz said, "Although I wish that this unfortunate situation hadn't occurred in the first place, I am very gratified that justice has been served."

Key Facts

  • Defendant: John Rutter, a Los Angeles photographer.
  • Victim: Actress Cameron Diaz.
  • Charges: Attempted grand theft, forgery, and perjury.
  • Verdict Date: Monday, July 25, 2005.
  • Sentencing Date: Thursday, September 15, 2005.
  • Sentence: Three years and eight months in prison.
  • Photos Taken: 1992, when Diaz was 19 years old.
  • Attempted Sale: 2003, for over $3 million, with one source stating $3.5 million.