Rutter, 42, is charged with attempted grand theft, forgery and perjury, and Diaz, 32, is expected to be the star witness at the trial, possibly as early as Wednesday, New York's Daily News reports.
In attempting to prove her allegation that Rutter stole the pictures, Diaz reportedly claims that she never signed a "model release" to have the photos sold or published. She calls her signature on a purported model release form forged, according to the News. The perjury charge is related to purported remarks about the release form made by Rutter in another case.
During photographer Rutter's preliminary hearing two years ago, an investigator testified that Rutter threatened to sell photos of Diaz to a European group for $5 million, the Associated Press reported at the time.
Detective Brian Bennett said the "majority" of Rutter's 20 photographs depicted Diaz topless, and that the actress had told him that she feared the pictures would "hamper her ability to land certain family movie roles."