Pair to face trial over nude photos

PROVO — A judge ruled last week that an Orem photographer and his then-girlfriend, who are accused of taking nude pictures of a girl, should stand trial despite arguments by defense attorneys that the girl urged them to take the photos.

Matthew Stone, 35, and Bobette Wimmer, 36, were arrested in October 2006 after allegedly performing a nude photo shoot in Stone's Orem studio.

A 17-year-old girl and her friend had gone to the studio to talk with Stone about possibly taking some glamour shots and the session turned into a nude shoot.

The girl testified last week during a preliminary hearing that Stone and Wimmer encouraged her to take off her shirt, then her bra and to pose for topless shots.

"They were both encouraging me to take off more clothes, pose this way, that way, this looks good, along those lines," the girl said. She then testified that Wimmer became involved and the pictures became more sexual, involving genitals.

Fourth District Judge Samuel McVey ruled that both Stone and Wimmer should stand trial on 23 counts of sexual exploitation of a minor. They each also face an additional charge of forcible sex abuse.

However, McVey postponed his final ruling about whether Wimmer should stand trial for the forcible sexual abuse until after he hears arguments on Dec. 10 regarding a motion filed by her attorney.

During the first day of the preliminary hearing, defense attorney Gunda Jarvis asked the girl if she tried to get up and run away.

"I did not fight," the girl said, "but it was very uncomfortable."

"And nobody threatened you?" the girl was asked.

"Nobody threatened me," the girl said.

Defense attorneys also questioned the girl's statement to police. In the statement, she wrote that it had been her idea to take topless pictures, not Stone's.

"Did you say that it was your idea in this statement?" Jarvis asked.

"Yes, I did," the girl said.

"And then you started taking pictures ... kind of like a glamour shot ... kind of like the models would do? And it was fun because you felt like you were being a model?" Jarvis asked.

"At first," the girl responded.

Defense attorneys then asked the girl about her expression in the photos. They said she looked like she was enjoying herself.

"I know at that time they did not depict my true feelings," the girl responded.

Jarvis and Stone's defense attorney, Mike Esplin, expressed concern about the issue of consent. Prosecutors maintain that as a minor she was legally unable to fully consent to any sexual activity.

However, the girl did not run away or fight or even express concern, according to her testimony. Jarvis' motion asks McVey toss out the charge of forcible sexual abuse against Wimmer.

The girl testified she wanted to take scandalous photos, but she didn't want to get in legal trouble. "But by scandalous, I mean lifting my shirt up a little bit," she said. "(Pictures) with all my clothes still on."

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E-mail: sisraelsen@desnews.com

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