DENIED: Pedophile Roman Polanski Statutory Rape Case Remains Active

Rebecca Miller - Author
By

Dec. 25 2014, Updated 5:01 p.m. ET

Hollywood Reporter: Roman Polanski lost his latest bid to have a California court dismiss his 1977 sex case when a judge rejected a motion for a new hearing.

A nine-page order issued Tuesday by Superior Court Judge James Brandlin states that Polanski’s claims of judicial misconduct cannot be addressed because he remains a fugitive outside the country after pleading guilty to unlawful sex with a minor in 1977.

Polanski’s lawyers have sought a public evidentiary hearing for the case, claiming a judge who handled the matter in 2008 and 2009 committed misconduct by failing to properly consider a dismissal motion due to pressure from a presiding judge.

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In December 2008, Polanski’s lawyer in the United States filed a request to Judge David S. Wesley to have the case dismissed on the grounds of judicial and prosecutorial misconduct. The filing claims that Judge Rittenband (now deceased) violated the plea bargain by keeping in communication about the case with a deputy district attorney who was not involved. These activities were depicted in Roman Polanski: Wanted and Desired.

In January 2009, Polanski’s lawyer filed a further request to have the case dismissed and to have the case moved out of Los Angeles, as the Los Angeles courts require him to appear before the court for any sentencing or dismissal, and Polanski did not intend to appear. In February 2009, Polanski’s request was tentatively denied by Judge Peter Espinoza, who said that he would make a ruling if Polanski appeared in court.

The same month, Polanski’s victim, Samantha Geimer, filed to have the charges against Polanski dismissed from court, saying that decades of publicity as well as the prosecutor’s focus on lurid details continues to traumatize her and her family. Judge Espinoza also stated there was misconduct by the judge in the original case but Polanski must return to the United States to actually apply for dismissal. [Source: Wikipedia]

Bart Dalton, an attorney for Polanski, said he had not yet seen the latest order and could not comment.

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