Marcia Cross 'Desperate' for Return of Nude Photos

ByABC News
October 31, 2006, 12:43 PM

Oct. 31, 2006 — -- More than 200 personal photographs of actress Marcia Cross -- including snapshots showing her showering outside in the nude -- are now in the hands of a California garbage man.

"If someone can be so dumb as to throw something like that away, they just have to suffer the consequences," said agent David Hans Schmidt, who will handle any potential photo sales for the carting company hired to bring Cross' trash to a Santa Monica, Calif., dump earlier this month.

"These photos were not stolen," Schmidt said. "Once my client picked up what she discarded, it belongs to him, and she can't do anything about it."

Schmidt acknowledges that copyright law would prevent his client from publishing those photos in the United States. But he believes he can still sell the photos, perhaps to a buyer outside the United States.

"What a potential buyer would do with those photos would be that person's responsibility," he said.

Schmidt says that his client also recovered financial information and some tax-related documents.

"I can tell you exactly how much she's worth," Schmidt said. "They threw a lot out."

Schmidt says Cross' lawyers have contacted him, demanding that her property be returned. The attorneys told the New York Daily News that the photos had been thrown out by mistake.

Cross' media representatives did not immediately return a call from ABCNEWS.com.

Schmidt says several nude photos are among the items recovered by the carting company during the Oct. 17 pickup.

"If you're wondering about Marcia's natural hair color," he said, "I've got the answer."

The 44-year-old star of TV's "Desperate Housewives" and her husband, Tom Mahoney, married in June. She recently announced that she's pregnant with twins.

Schmidt says he's not looking to embarrass Cross, just make money for his client. And he would welcome the actress to bid on the items his client recovered.