While her publicist has refused to discuss the photographs taken of the 32-year-old blonde, they are widely reported to be bare-breasted pictures of the actress who is listed as a potential witness in the trial.
Lawyers on Tuesday began picking the panel of 12 people who will hear the case in Los Angeles Superior Court.
Judge Michael Pastor warned about three dozen prospective jurors that the case had already received "some attention from the media" and urged them to avoid any news reports about the trial, which could last about two weeks.
Rutter, 42, is charged with attempted grand theft, forgery and perjury committed against 32-year-old Diaz in August 2003.
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