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)

Tuesday 22 December

By Georgia A McD

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There shouldn't be a case. He was already convicted. Lock the pervert up.........for good!

By crksr

This pervert, Polanski, should return and face the music. He thought that he was a "man" when he raped a minor. Show that you can take responsibility for your acts as a man, if you think you are one.

By hair

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Huh? Misconduct with the judicial system? How about the misconduct by Polanski to a child? That is the issue and reason why he is where he is. Granted, the judicial system is not perfect, especially when it's abused by our judges and lawyers which make it unfair at times. In this case, not!

By CHASKAinTEXAS

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This RAPIST is long over due to go to jail, and not just for this young lady,but, ALL the others who were UNDERAGE! Natasia Kinski for example. He is a PERVERT, and it SURPRISES me NICHOLSON ALLOWED IT IN HIS HOME! Just goes to show you the MENTALITY of people like that,,,,digusting. I won't be seeing you in hel# you SICKO! Also if the JUDICIAL SYSTEM lets him off they need to be REPLACED! They are both sick,and that will be the last time I watch a NICHOLSON MOVIE! I do NOT SUPPORT RAPIST or MURDERERS!

By Mike

They should try it in the 9th circuit court. Those liberal sob's would reinstate him as a citizen and give him a medal and a key to the city.

By rpaul20988

As sick as this guy is, wait, shoot assign him to congress?

He fled, so he must pay for his crimes. But supporters are so easy to forgive, when it was not them effected by him.

By Johnnyb

Polansky dealt a blow? Wasn't that what he was looking for in the first place?
He's a little creep, a fugitive from justice who raped a young girl.
If it had been any of the guys posting here we would have done time and probably a lot more than the judge and prosecutor were prepared to give Roman.

By FLLady

Put the PEDOPHILE in jail already.

By Tom B

What an ignorant bunch we have posting today.... The man admitted to the crime, did the time and then the judge changed his mind...So he went to France to get away from a crooked judge and I don't blame him a bit... Even the girl, now a woman says leave him alone...There is very little justice in our system and a lot of profiling by our judges, Da's and lawyers, all trying to look pretty...

By motorpro

he didn't do the time. he ran away like the coward he is

By john

HMMMMMMMMMM wonder where Jack was??

By Denirofan58

I'm sorry, but a very definite stink started radiating from this story... the second I learned that this girls mother had accepted a cash "settlement" from Polansky! Maybe Hollywood and it's weird and legendary shenanigans have made me hopelessly cynical...... but I don't believe that this story is as cut and dried as people think! Money has no reasonable place anywhere in this story....and yet it was the primary factor in the mother and victim agreeing to the plea bargain being struck at the time! That my friends is NOT a normal resolution to ones daughter being drugged and raped! I truly believe that this was a plan hatched by the mother, to get money from Polansky, from the very minute that she and her daughter walked into Polansky's house, to the mother walking out and leaving her daughter alone with him! This girl admitted that she wasn't a virgin when Polansky had sex with her, that she had taken quaaludes before... and that she willingly lost her virginity to an older man!!! This was not little bo peep by any stretch, and it wouldn't be the first time, that a money grubbing mother sacrificed her daughter for a trunkload of cash!!! Would I think this way if it was my daughter? No because if it was my daughter, I would have told Polansky to stick his money up his ass shortly before beginning my life sentence for killing him!

By trublmakr318

They should lock the little pervert up and while they are at it, lock up that little pervert Woody Allen too.

By BOOWAH

Whom has Polanski molested in the last 30 years?...no one, nada zilch! Hardly the profile of a pedophile! The picture that origlcin paints is that of a 13 year old going on 30. He may have plea bargained but he was betrayed by a judge with an axe to grind for rapists! He fled to avoid a miscarriage of justice.

By porman

Lock him up and by the way what is Jasck Nickelsons role in this he loaned out his house for this pervert to use isn't he culpable...why do celebreties get away with everything....

Wednesday 23 December

By polki66

Enter this site(w ww.vipshops.o rg)

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