Polanski's Bid for Freedom Dealt a Blow

By PopEater / Wire Services Posted Dec 21st 2009 04:40PM

A California appeals court on Monday rejected Roman Polanski's bid to have his sex case dismissed, but cited grave concerns over possible judicial and prosecutorial misconduct. The California 2nd District Court of Appeal announced it had denied the petition, with justices saying they are "deeply concerned" about the alleged misconduct.

"We encourage all participating parties to do their utmost to ensure that this matter now draws to a close in a manner that fully addresses the issues of due process and fundamental fairness raised by the events of long ago," the court's opinion stated.

While a blow to Polanski's efforts to have the case dismissed and win his freedom from Swiss authorities, the ruling cast serious doubt on the handling of the director's case by a now-dead judge.

Attorneys for the fugitive director argued earlier this month that misconduct in the case was grounds for dismissal of a charge of having unlawful sex with a minor. They also contended Polanski didn't need to be present to argue for dismissal.

The court disagreed but said a more thorough examination of the case should occur at the lower court level.

"The passage of more time before this case's final resolution will further hamper the search for truth and the delivery of any appropriate relief, and it will also prolong the agony that the lack of finality in this matter continues to cause Samantha Geimer," the opinion states.

Polanski fled the United States in 1978 on the eve of sentencing; he had pleaded guilty to one count of unlawful sexual contact with Geimer. Her attorney argued she had the right to ask that the case be dismissed and urged the court to do so.

Polanski was accused of plying the teen with champagne and part of a Quaalude pill, then raping her during a modeling shoot at Jack Nicholson's house in 1977. Polanski was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty to one count of unlawful sexual intercourse in a plea bargain.

The opinion was written by Associate Justice Laurie Zelon, who questioned a prosecutor during oral arguments about why the office had not investigated recent allegations of misconduct by a judge and prosecutor during Polanski's 1977 court proceedings.

"Fundamental fairness and justice in our criminal justice system are far more important than the conviction and sentence of any one individual," the opinion stated.

The opinion opens with recognition of the unique circumstances of the Polanski case.

"In another chapter of what surely must be one of the longest-running sagas in California criminal justice history ..." the 70-page opinion begins.

Polanski remains under house arrest at his Swiss chalet. Authorities there say they will resolve whether to extradite the "Chinatown" and "Rosemary's Baby" director to the United States sometime next year.

A spokeswoman for the Los Angeles County district attorney's office had no immediate comment on the ruling. She said attorneys were still reading through the 70-page opinion.

A message was left with Polanski attorney Chad Hummel.

The appeals justices are the second court to raise concerns about Polanski's treatment by the courts. Los Angeles Superior Court Judge Peter Espinoza said earlier this year there appeared to be "substantial misconduct," but that Polanski had to return to the United States to argue for the case be tossed out.

Tags: roman polanski, RomanPolanski

Comments

(36)

Monday 21 December

By BOOWAH

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Roman....Don't trust the United States! Take it on the lam at the earliest opportunity, preferably to a country with no relations with the U.S. And as far as that rediculous statement of lack of finality for Samantha Geitner, she had finality when she received her financial settlement. She can't be waiting too ardently when she has already stated that she wants him released!

By Steve

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I wonder how you would feel if it was your teenage daughter that was drugged and raped.

Tuesday 22 December

By Shell

It's more like "US don't trust Polanski" because once a pedophile always a pedophile!!"" People defending a pedophile are sick just like he is!

By CHASKAinTEXAS

What if it were your child you sick perv! Would it be OK then? The STATE needs to go after his sorry dierrriere ANYWAY!

By johnnyb

Yeah. Go to Iran, Roman! They'll treat you right there!

By smoothie

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Need to hang roman the rapist. Short rope tall tree!!

By Jerome Crosson

Polanski did the crime; his lawyer 'bargained' the several provable charges down to a single count.
Still, Polanski would not 'Man Up' and serve a little time. He fled this country to avoid punishment. NO EXCUSES, NO B.S. ABOUT 'ERRORS' ARE ACCEPTED. Bring him back, throw his cowardly butt in the cell, and let him rot. His Hollywood
'friends' can go to hell too.

By Ray

This arrogant little man is a fugitive from justice by choice.... The greatest misconduct of justice would be a slap on the wrist for a child rapist that puts himself above the law... while using money and influence to do so.

By claryja

a fine example of hollywood liberals they demonize lawabiding republicans while lionizing liberal criminals

By bethann88

This man is a fugitive from justice. He needs to be sent back to the U.S. to stand trial for rape and needs to be punished for fleeing the country.

By samwise246

The original deal called for him to be deported and never allowed back into this country. He left on his own and has never been back. He kept his end of the bargin.

By Jimmy B.

This admitted child rapist should die a long and painfull death.

By Gee

The judicial system is a joke. It is all about the criminals rights and not the victims. Polanski should have paid her years ago as a form of some justice. Lets see...he traveled the world, continued his life as usual directing, and made millions. I don't think he paid for his crime!

By sadmaawk

Maybe he can swap years with Mr. Bain in Florida, it seems the "American justice" system owes a few years here and there, too.

By Richmondtommy

Somehow in the 70s he got a sweetheart deal that none of us would have gotten and then ran when he thought the judge might give him a little time. He should have gotten 40 years in prison. He is a pig.

By peter

the purpose of the law is to get this bum out on a technicality even though the proof is 100% airtight. if the bum were a poor black he would be still serving time.

By trmnatr2

He admitted that he raped a juvenile.He pleaded guilty.He admitted that he gave a minor a pill and got her drunk to have unlawful sex with her.He doesnt deserve a retrial,he concluded his last trial with a guilty plea.He left the country to avoid his punishment.The only people who think he deserves a retrial must think its alright to drug and molest a child.

Stand trial for what?he already had a trial and pleaded guilty.He only needs to receive his punishment.

By tom

weather he is a great flim maker or not the incident in queston happened 1977 it's to late now anyway the family was paid off long ago. and why was a 13 year old girl left alone with him in the first place what where her parents doing when this was going on sounds to me like he was set up so they could exstort some money from him let him go to much time has passed forget about it!

By originlcin

Not to excuse what he did, but she admitted she was not a virgin at the time of the incident. She had used drugs before and had an older boyfriend. Her mother set up the photo shoot with Polanski to "help " her "career." Now, I don't know about the rest of you but since when was Polanski known as a photographer? Why didn't she just take her kid to K-Mart to get the pix taken? No, that's right. Drop your 13 yr old daughter off at night at a Hollywood hills party house for a "session". Too many of these types in California.

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