John Rutter, who was convicted last year of forgery, attempted grand theft and perjury in connection with the topless photos, appealed his four-year sentence, arguing that errors made at trial led to his conviction.
A three-justice panel from the 2nd District Court of Appeal disagreed.
According to court papers, Diaz never signed a release form when she posed for Rutter in 1992, although the photographer did allow her to keep copies of the photos for her portfolio. When Rutter approached Diaz in 2003 about buying the photos, her attorneys challenged his right to sell the photos.
When Rutter presented a signed release that Diaz called a forgery, police began their investigation, which in turn led to a criminal prosecution.
Rutter later testified in court that the signed release form — later proven to be a forgery — was authentic. His testimony was used against him to secure a conviction for perjury.
Rutter claims he never intended to blackmail Diaz and that his asking price of $3.5 million was an offer for first right of refusal.
Los Angeles Superior Court Judge Michael Pastor, who sentenced Rutter in 2005, called the photographer the “shot caller” in a “scheme to defraud Ms. Diaz.”
"Mr. Rutter did take advantage of a position of confidence that Ms. Diaz had in Mr. Rutter,” Pastor said.
