Polanski dismissal rejected; misconduct alleged
LOS ANGELES, CA
The opinion criticized Polanski for fleeing to his native France
in 1978 but suggested two legal options that could lead to his
freedom now -- file a motion to be sentenced in absentia, or drop
his extradition fight, return to the United States and be sentenced
in person, most likely not resulting in additional jail time.
Polanski wears an electronic monitoring device while under house
arrest in Switzerland, where he was arrested as a fugitive when he
arrived to attend a film festival in September.
The California 2nd District Court of Appeal rejected the request
for outright dismissal, which was raised by Polanski and the
attorney for his victim, Samantha Geimer, who long ago identified
herself. But the justices said they were "deeply concerned" about
probable misconduct by a now-deceased judge and a retired
prosecutor who advised him. They urged further investigation.
The new focus on the case ignited a firestorm of public opinion
worldwide. Some angrily called for Polanski to be imprisoned.
Others, including some film industry colleagues, advocated his
freedom.
The appeals court faulted Polanski for fleeing the country
instead of being sentenced.
"Even in light of our fundamental concern about the misconduct
that has been alleged here with significant evidentiary support,
flight was not Polanski's only option. It was not even his best
option," the decision said.
It said his lawyers should have immediately sought to disqualify
the judge and filed other motions to ensure due process.
The court supported a ruling by Superior Court Judge Peter
Espinoza, who refused to hear Polanski's case without the
director's presence. The justices said that was within the judge's
discretion under a doctrine that denies court processes to those
who flee to avoid prosecution. They suggested it was also his
decision whether to sentence Polanski in absentia if such a motion
is made.
Attorneys brought the case back to court after an HBO
documentary disclosed alleged misconduct in the case in great
detail.
The justices said they watched "Roman Polanski: Wanted and
Desired" and quoted extensively from its interviews with David
Wells, a retired deputy district attorney who claimed to have
secretly advised the late Superior Court Judge Laurence J.
Rittenband on what to do in the Polanski case.
"If Wells's account is true, Judge Rittenband was ushered along
a path of iniquity by an officer of the court with a personal axe
to grind and no hesitation to engage in unethical ex parte
communications and devise illegal, nonappealable sentences to
circumvent the defendant's due process and sentencing rights," the
opinion said.
Wells did not immediately return a call from The Associated
Press. He has since said he lied in the documentary. Polanski's
lawyers, Chad Hummel and Douglas Dalton, sent word they would not
comment.
"The ruling today by the Court of Appeals is another step in
the resolution of the Polanski sentencing," the district
attorney's office said in a statement. "We await a decision by the
Swiss courts on his extradition to Los Angeles so all issues can be
resolved by the Superior Court."
In the 70-page ruling written by Associate Justice Laurie Zelon
returned repeatedly to the passage of time, calling it "one of the
longest-running sagas in California criminal justice history."
The story became a sensation with its Hollywood trappings.
Polanski, who was then famous as the director of "Chinatown"
and "Rosemary's Baby," also saw his name in headlines in one of
the nation's most gruesome tragedies in 1969, the murder of his
wife, actress Sharon Tate, and six others by the notorious Manson
family.
Polanski was accused of plying Geimer, who was then 13, 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. He was sent to prison for a diagnostic study. The judge,
who had promised no further jail time, reneged and was planning to
sentence him more harshly.
Apparently addressing the public condemnation of Polanski's acts
and calls for tough penalties, the appeals court said:
"Fundamental fairness and justice in our criminal justice system
are far more important than the conviction and sentence of any one
individual."
The appeals justices are the second court to raise concerns
about Polanski's treatment. 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.
Loyola University Law Professor Stan Goldman said Polanski most
likely would have to return to the United States to have the matter
resolved, even though he might be sent to jail at first.
"But it would be relatively brief, and the court is suggesting
he would be free," Goldman said.