A massage therapist considered a key figure in the Peterson double-murder case is suing what the Fresno Bee calls a broker of photos for men's magazines for posting nudes and semi-nudes of her on a Website.
Amber Frey is seeking $6 million in a federal suit filed October 20, the Bee said. Frey is a possible key witness against Scott Peterson, accused of murdering his pregnant wife, Laci, and their unborn son, late in 2002.
She's accusing David Hans Schmidt of posting the photos on his paysite without her permission, charging him with misappropriating her name and likeness, unlawful or misleading advertising, invasion of privacy, and both negligent and intentional infliction of emotional distress, the Bee said.
The pictures were taken in 1999 as a purported test shoot, the lawsuit argues. Schmidt has argued he bought the images from the photographer this year and posted them on his Website last month, with the National Enquirer publishing images from the same 1999 shoot, the Bee continued.
But Frey's lawsuit says she never authorized or licensed the photos for use by anyone. She's also asking the court to block their sale or use and require destruction of all prints, negatives, and copies. Schmit, however, has claimed he had a legally binding model release for the images, which Frey's attorneys claim is just a data sheet with basic information about Frey.
Frey's attorneys also told the Bee the timing of the lawsuit had nothing to do with Peterson's scheduled preliminary hearing this week.
