Playboy Model's Hail Mary Doesn't Work
Dani Mathers will head to trial at the end of May
By Kate Seamons,  Newser Staff
Posted May 16, 2017 5:33 AM CDT
This body-shaming Snapchat post from Playboy model Dani Mathers earned her a lifetime ban from all LA Fitness locations.   (Snapchat screenshot)

(Newser) – "The court finds the statute is constitutional and not void for vagueness." And with that, Judge Gustavo Sztraicher closed the door on Playboy Playmate Dani Mathers' bid to get out of a trial in her body-shaming photo case. The 30-year-old pleaded not guilty in November after being charged with misdemeanor invasion of privacy. Mathers caused an internet dust-up when she allegedly posted a nude photo on Snapchat of a 70-year-old naked woman in her LA Fitness locker room captioned "If I can’t unsee this then you can’t either." In the defense motion Sztraicher denied Monday, Mathers zeroed in on the California law's specification that an "identifiable person" not be secretly recorded in a changing room (among other places) without his or her consent, claiming the wording was too vague.

"This was a far-away shot, and the victim, her features cannot be identified," the New York Daily News quotes defense lawyer Dana Cole as saying. He noted the LAPD had to put many man-hours into identifying the woman. The prosecution countered that the jury could make up its mind on that point. The trial is tentatively set for May 26, and Cole says Mathers will "definitely" testify. TMZ in February reported that Mathers tried to avoid jail in favor of counseling and anti-bullying classes, but that request was also denied. She faces up to six months in jail if convicted. Mathers took a break from Instagram since early July but resumed posting last week, captioning her first shot back in part, "I am fully recharged and CANNOT WAIT to share my adventures with you guys again!! I hope 2017 has been kind #loveyouguys #positivevibesonly."

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