Los Angeles, California (CNN) — A hearing has been scheduled for next month in director Roman Polanski’s effort to win dismissal of the 1977 sexual assault case that led to his arrest in September.
Arguments are set for December 10 in California’s 2nd District Court of Appeal.
Polanski had pleaded guilty to a single count of having unlawful sexual intercourse with a minor, acknowledging he had sex with a 13-year-old girl. But he fled to Europe in 1978, before he could be sentenced.
Ironically, the legal effort to have the case dismissed may have led to the arrest of Polanski, 76, by Swiss authorities.
A 2008 documentary film, "Roman Polanski: Wanted and Desired," raised questions about the case, specifically the motives and actions of the judge, the late Laurence J. Rittenband. The Emmy-winning film suggested that Rittenband acted inappropriately by consulting a prosecutor not assigned to the case.
It was those revelations that led Polanski’s legal team to seek a dismissal in December 2008. His attorneys alleged that the Los Angeles district attorney’s office was avoiding the extradition of Polanski so that it could not be held accountable for the allegations of prosecutorial and judicial misconduct.
The language in two July filings by Polanski’s attorneys, observers say, may have been the impetus behind his arrest.
In a July 7 filing, the attorneys, Chad Hummel, Douglas Dalton and Bart Dalton, wrote:
"The district attorney’s office, in the 30 years since Mr. Polanski left the jurisdiction, has not once sought to have him extradited.
If it had, there would have been a hearing regarding misconduct in this case."
In a July 27 filing, they wrote:
"Combined with the fact that no effort has been made to extradite Mr. Polanski, the intent here is clear: invoke a physical absence which they caused and deliberately perpetuate in order to preserve the unconstitutional status quo and never address the misconduct head on."
They have 90 days from his arrest to FILE and extradition order. I think since he made them wait 30 years that they are going to make him wait the full time before they file.
And some insider information Colonel…Polanski was asked by his lawyers 2 years ago to surrender. His lawyers had already talked to the District Attorneys Office and they had worked out a potential deal, but your beloved Polanski said no, because going back to America would stifle his creativity, it would be to much stress on him. Oh poor him :<
Man up, do the crime do the time!
The only thing New England desperate housewives have *insider information* about, Kay, is how to bake an apple pie.
Here is the latest on the Roman Polanski’s case:
On October 26, Samantha Gailey asked an appellate court to drop the charge against Roman Polanski, saying the unceasing publicity has disrupted her family, job and health.
Since the director’s arrest last month, Gailey and her attorney have received close to 500 phone calls from media as far as Germany, Israel and Japan, attorney Lawrence Silver wrote in the statement.
Larry King and Oprah have beckoned, and photographers have been camped outside her Hawaii home, trying to take photos or video through holes drilled in their cars and offering gifts to her children in exchange for information, Silver wrote.
‘This statement makes one more demand, one more request, one more plea: Leave her alone,’ Silver wrote in the filing.
Silver said the renewed media attention following Polanski’s arrest in Switzerland and the pending extradition case has caused ‘health-related issues’ and interfered with Gailey’s job, leading to ‘understandable displeasure of her employer and the real possibility that Samantha could lose her job.’
He said the ‘lack of sensitivity’ would make it less likely that other victims of celebrity crimes would come forward.
The appellate court will be reviewing Los Angeles Superior Court ruling.
OMG that is the smartest lawyer on the planet. He has totally figured out why women do not report rape. WOW! All this time and he is the first to say it. Now he should get the Noble Peace Prize! >>>barff, barff<<
And you have never had my apple pie, so don't bad mouth it, or you will get none at Thanksgiving!!
You think the Swiss prison thugs tore his asshole up yet?
Al he has been spending a lot of time in the infirmary or the hospital, and having panic attaches. His lawyers have said that it is not good for his poor little heart and blood pressure, and he should be under house arrest so his personal doctor can attend to him. When not they have tried to keep him in isolation.
Apparently he still thinks he is the King of Hollywood. So he has probably not met many prison thugs. I want him to come back to the US and meet the prison thugs here!