He is arguably the most famous naked baby in the world. The one on the cover of the legendary album Nevermind from the group Nirvana, released in 1991. In August, the infant, who is now 30 years old, had filed a complaint for child pornography. The California court judge in charge of the case, Fernando M. Olguin, on Monday decided to dismiss the complaint, the magazine reported. Spin. The reason: Spencer Elden’s counsel did not meet the deadline to appeal the dismissal request filed by the defendants’ lawyers. The deadline was set for December 30.
At the center of the legal process, the photo of the album with more than 30 million sales, taken when Spencer Elden was 4 months old in a swimming pool in Pasadena. “[Ils] knowingly produced, possessed and advertised commercial child pornography depicting Spencer ”, could one read in the complaint.
In reaction, the living members of Nirvana had asked in early December the rejection of the complaint of Spencer Elden, their lawyers stressing that there was limitation, since the case is more than ten years old. However, the complaint will only be definitively dismissed if no action is taken by Elden. He has until January 13 to come forward and make a new request.
In front of Spencer Elden, the members of Nirvana still alive, Dave Grohl and Krist Novoselic, the photographer of the album, Kirk Weddle, the widow of Kurt Cobain, as well as the companies UMG and Nirvana LLCson. Their lawyers have put forward Spencer Elden’s misleading behavior: “A brief review of photography, or Elden’s own conduct (not to mention the presence of photography in the homes of millions of Americans who, according to Elden’s theory, are guilty of criminal possession of child pornography ) clearly shows. “
He would have so far particularly “Took advantage of his fame”. The plaintiff was thus for a long time the proud ambassador of the cover of Nirvana: during the anniversaries of the release of the disc, he replayed the cliché on several occasions, and even had the album cover tattooed on his chest. . He had also appeared on a talk show wearing a parody nude onesie.
Spencer Elden, at the time he filed his complaint, for his part said that the blanket had caused him a “Extreme and permanent emotional distress with physical manifestations”. According to him, he even became a “Sex worker” against his will. Behind the media barouf, the man claimed 150,000 dollars from each accused, or about 128,000 euros.