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LOS ANGELES - A photographer who allegedly used topless photos of Cameron Diaz in an attempt to extort $3.3. million from her must stand trial, a judge ruled Thursday.
John Rutter, 41, of Los Angeles is scheduled to be arraigned Dec. 8 on felony charges of attempted extortion, attempted grand theft, forgery and perjury.
"This wasn't simply a case of someone calling and saying, 'Hey, I just came across these photos from 11 years ago, do you want them?' This was someone saying, 'Pay me $3 million or else,'" said Superior Court Judge Michael Luros.
Rutter's attorney, Ron Richards, said his client had a signed release and the right to sell the photos, which were taken during a 1992 photo session.
Rutter has been free after posting $250,000 bail.
Prosecutors allege that Rutter had no right to sell the photos and forged the actress' signature on a photo release form.
A detective in the district attorney's office said earlier during the preliminary hearing that the "majority" of the 20 photos depicted Diaz topless.
Prosecutors said Rutter demanded the money in a June meeting with Diaz at her attorney's office. Detective Brian Bennett also testified that Diaz told him in an interview that Rutter threatened to sell the photos to a European group for $5 million.
Rutter was negotiating with Diaz and offered her right of first refusal before trying to sell the photos, his attorney said.
Rutter's apartment was raided and authorities seized the photos, which are being kept in a safe deposit box.
Diaz also has sued Rutter in civil court to keep the photos from being published.