Culture

Roman Polanski Case Won't Be Dismissed by L.A. Judge

by Jarrett Martineau | February 17, 2009 at 01:14 pm

290 views | 34 Recommendations | 4 comments

UPDATE | Feb. 17, 2009 — The California Supreme Court judge presiding over director Roman Polanski's "unlawful sex" case from 1977 has refused his lawyer's recent request to have the charge dismissed — 31 years later.

The judge indicated that Polanski would be required to be present, in court, for the proceedings, however, Polanski has avoided returning to the United States over fears of being arrested for the outstanding warrant.

Roman Polanski will have to return to the U.S. if he wants justice. So says an L.A. Superior Court judge who refused the director's request to dismiss his 1977 child sex case, saying he could not rule on claims of judicial and prosecutorial misconduct until the Academy Award-winning helmer who remains a fugitive in France appears in person.

PREVIOUSLY | Feb. 16, 2009 — Film director Roman Polanski is not planning to attend the "courtroom showdown" of the 31-year-old sex prosecution case against him that forced Polanski into exile from the United States.

Although he has been fighting the case and seeking a dismissal of the charges for years, the central question in the forthcoming hearing will be whether or not "Polanski's case can be heard without his presence".

Polanski has no plans to return to the United States ever, however, if he were to return for the hearing he "would likely be arrested on a fugitive warrant".

In 1977, the acclaimed director of "Chinatown" and "Rosemary's Baby" fled to France after pleading guilty "to having unlawful sexual intercourse with a 13-year-old girl".

Polanski's lawyer is seeking to have his case decided in absentia.

After months of legal maneuvers, it's time for the much anticipated courtroom showdown on director Roman Polanski's effort to have a 31-year-old sex prosecution against him dismissed.
Polanski's campaign to clear himself of fugitive status was sparked by an HBO documentary film, "Roman Polanski: Wanted and Desired," which disclosed new information about actions by the now deceased judge who presided over his case, a scenario that his lawyers say amounted to misconduct.

But the central issue in Tuesday's hearing will not be the allegations of misconduct but rather the question of whether Polanski's case can be heard without his presence.

The director has said through his lawyer that he doesn't plan to be at the hearing; in fact, he says he has no plans to ever set foot in the United States again.

If he chose to appear for the hearing in his case, he would likely be arrested on a fugitive warrant.

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Paschen

at 19:27 on February 16th, 2009

31 years is a very long time ago and would be a hard case to prove or disprove either ways, Guilty or not guilty he is doomed.

Fred Miller

at 12:40 on February 17th, 2009

"Roman Polanski's parents returned to Poland from France just two years before the World War II began: both were taken later to concentration camps where his mother eventually died. Young Roman managed to escape the ghetto and learned to survive wandering through the Polish countryside and living with the different Catholic families."

~ Bio as reported at
http://www.imdb.com/name/nm0000591/bio

betsyJ

at 17:36 on February 17th, 2009

31 years is a long time and for what it worth, I interviewed the woman in the case about 8 years ago. She said at that time she had forgiven him and had moved on with her life.

Fred Miller

at 18:50 on February 17th, 2009

And for what it's worth, you have just added a very important factoid to the case, and I thank you for sharing it. Somehow I feel a lot more relieved to hear this, because I am a great admirer of Polanski ever since I saw 'The Fearless Vampire Killers' in the '70s and then 'Chinatown' and 'Tess'.