Dani Mathers will go on trial later this month as scheduled after a California judge rejected the Playboy model’s attempt to dismiss charges that she invaded a woman’s privacy when she posted to social media a photo of the unsuspecting naked woman, the New York Daily News reported Monday.
In July 2016, the former Playmate posted a photo of the woman to Snapchat, along with one of Ms. Mathers covering her mouth in what appears to be her suppressing a laugh. “If I can’t unsee this, then you can’t either,” reads the photo caption.
She quickly apologized after a social media firestorm ensued, but found herself facing possible jail time when prosecutors filed charges in November.
From the photo itself, it was impossible to identify the actual victim, Ms. Mathers’ attorney claimed in court, and thereby the relevant misdemeanor statute had not been violated, he argued.
“This was a far-away shot, and the victim, her features cannot be identified,” said defense attorney Dana Cole told the court, the Daily News reported.
The judge, however, agreed with the prosecutors that it was a fig leaf of an excuse put forward by the former Playboy centerfold and that it should be up to a jury to decide the facts of the case.
Ms. Mathers “definitely” will take the stand in her own defense during the trial, Mr. Cole has said.
While she apologized last year for sharing the photo on social media, Ms. Mathers now seems to be painting herself a victim of cyber-bullying on social media.
“Let me make this clear… my page(s) aren’t for comments that bring people to the brink of suicide, nor are they for your hatred,” she tweeted Tuesday. “I understand that I’ve upset a lot of you, but we’re at a point, 1 year later, where I’m pretty upset and hurt too. If you aren’t here to [b]e a positive influence on the world then I will block you. Call it cowardice, call it what you want. I won’t watch it anymore,” she added.
On Tuesday, Ms. Mathers also retweeted two fans who said that it was time to move on and accept her apology.
“Somehow, somewhere, we became a very unforgiving society. I hope for the sake of us all, future generations will reverse that trend,” wrote one man.
“It’s been a year. You’ve apologized and paid your penance as far as I’m concerned. You’ve also seemed to have bettered yourself,” wrote another male fan.
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