Polanski seeks to have child molestation charges dropped

Thirty years after he fled the U.S. to avoid sentencing on child molestation charges, Academy Award-winning director Roman Polanski has filed a formal request to have the case dismissed.

Lawyers for Polanski, a French citizen, cited misconduct by prosecutors and a judge in papers filed in L.A. County Superior Court today. The attorneys said that a recent HBO documentary about the case, “Roman Polanski: Wanted and Desired,” “revealed a pattern of misconduct and improper communications between the Superior Court and the district attorney’s office in violation of the rule of law and without the knowledge” of the director and his defense.

In 1977, Polanski, was charged with several sex crimes involving a 13-year-old girl. He was convicted on charges of unlawful intercourse with a minor but left the United States before sentencing.

The district attorney’s office has not been served with the motion yet, a spokeswoman said.

Polanski, whose directing credits include “Chinatown” and “Rosemary’s Baby,” continued to work in Europe after he fled the United States, winning a best director Oscar for "The Pianist."

There had been much debate in Hollywood and beyond about whether Polanski should be permitted to return to the U.S.

Back then, the director met an actress living in Woodland Hills who allowed him to take photos of her 13-year-old daughter -- ostensibly for a layout Polanski was shooting for French Vogue. After a tryout session, Polanski drove the girl to Jack Nicholson's home. According to the girl, Polanski gave her champagne and a Quaalude and later had sex with her. Her mother went to the police, who arrested Polanski. Nicholson was not at the home at the time of the incident.

Polanski did not deny having sex with the girl but said it was consensual. Two weeks after Polanski was arrested, he was indicted by a grand jury on six counts, including rape, but reached a plea bargain in which he pleaded guilty to a lone count of having sex with a minor, punishable by six months to 50 years in prison. Fearing deportation or prison, Polanski fled to France, which does not extradite its citizens under any circumstances.

--Harriet Ryan

Photo: Los Angeles Times

Comments

[A friend of the unvoiced]

Rape doesn't have an expiration date.

[Robert Laughing]

He should call Marc Rich and Slick Willie Clinton; they KNOW about these things.

[l.M. R]

Why on earth should the charges be dropped. He drugged a 13yr old child and then raped her. He fled the country to avoid serving an agreed upon plea agreement. The fact that he is famous does not erase his crime against a child.
He should be charged with fleeing prosecution as well.
Throw the book at him, or let him rot in France.

[tucanofulano]

Polanski fled after conviction prior to sentencing (why was he not put in jail pending sentencing???).
His "excuse" that sex was "consensual" was nonsense then as it is now; a 13 year old under the influence of alcohol and drugs administered by her rapist never had the "right" to consent, even if stone cold sober, because she was below the "age of consent", e.g. a child. His "excuse" might fly had he been the same age as the child at the time, but he sure wasn't even close.Jail the sob the instant he touches American soil or arrange to grab him should he step off French soil.

[Dan]

Sorry Mr. Polanski. You should not received special consideration. There is no such thing as "consensual" sex with a 13-year-old. To blame misconduct of others is further reason to not drop any charges. After all, whose misconduct is really at issue here?

[R]

Is that Wilt Chamberlain in the background?

[Doug]

Well, had he served his sentence, he may well be entitled to a dismissal, but to cowardly flee the country merely to avoid sentencing, wait 30 years, and then cry foul is unacceptable. Now, if he wants to come back, take his chances and appear in person, then maybe an argument could be made for dismissal. You can't have it both ways, Roman . . .

[Alan Shore]

30 years of not being in the US is enough punishment. Imagine, 30 years of not being able to go to Disneyland or Pink's Hot Dogs!

[Tom]

It would be of great importance to know how the 13 year-old girl's life was impacted by this. She is now a 43 year-old woman who no doubt pays for his crime every day of her life.

[Dave]

Will the courts in California allow him file a motioni to dismiss while he is still a fugitiive? In most jurisdictions the fugitive disentitlement doctrine generally does not allow this. You either fight your case in court or run away, but you can't run away so the court can't get you and and still avail yourself of the court's jusrisdiction to attack the prosecution's case.

[IRAVANI]

I remember this case as a young girl growing up. It is funny to me that Michael Jackson was arrested and charged with child molestation. He pleaded not guilty, and endured through a painfully emotional trial, and was accquited of all charges. Yet, in the court of the media and public, he is guilty. Polanski pleaded guilty and like a coward, fled his accusers. Now, thirty years later, he feels that enough time gone by that people have forgotten his crime(I'm sure the girl hasn't), wants charges dropped. I don't think he should have this request granted. Be a man, and stand trial and let the truth set you free, not the lies you may have come up with over these past thirty years! Thank you.

[Jena]

No thanks. Lets forget this "start power" thing LA usually bestows on celebrities.

Anyway, his movies are now criminally bad. Shouldn't that count for something? :)

[rms]

And what does the young lady (now an adult) have to say?

[Ken P.]

How about stepping up and taking responsibility for what you did, Mr. Polanski. Maybe you and OJ could share an apartment.

[Always Wondering]

Just another example of American double standard. If you are white and rich you get a free pass. A 13 year old child can not give consent to sex, it is rape!!! Just think if they let him back maybe he will team up with Woody Allen and make a community service message on parenting skills

Why haven't we heard the outrage and cry that followed the Michael Jackson and OJ affairs.

[Paul]

What's worse is all the Hollywood stars who have agreed to work for Polanski in his exile. Hey, it's a Polanski film, ya know, he did Chinatown, who cares if he's a pedophile rapist! These include Johnny Depp, Harrison Ford, Adrian Brody and a bunch of other people who should have known better. Even though the victim has long since moved on with her life, Polanski deserves nothing besides shame and scorn. This crime was not Polanski's debut as a rapist, either. He's filth.

[Apres Ski]

He'll get off because he's a celebrity/director. Why wasn't he in jail? Because he has money, power, connections, & access. So far, they haven't done him any good because he hasn't found the right connections to pay off.
Maybe this time he will . . .

Even though the girl is over 18 now, recants her testimony, he's still ran. He'll only get off, if his attorney can find all the right people. And I'm wondering if Polanski wants back in the states to make movies because he can get his bank account nice & fat? Money talks . . . and we know what walks . . .

[KarinaKarina]

The girl he had sex with is now around 43 yrs. old, about the age he was then, where is she now and what does she have to say about this? and the mother? In Hollywood, CA especially back then men could still get away with being with a younger girl, who usually looked older and acted very mature. Often girls lied their ages and yes the sex was consenual, but laws are laws. "Jail Bait is always jail bait" known by all men, who date someone under 18 yrs. old. Mr. Polanski should just be grateful that he fled and leave it alone. If he's doing this for publicity for a new film, then well yes, he' s gotten it! Otherwise he's still liable and he said he did have sex with her, a minor and against the law.

[leslie]

He's still disgusting after all these years.

[w8n4dasun]

Uh WHERE WAS THE MOM???????? HELLO??? Who leaves their 13 year daughter alone at a photo shoot?????

[danielle]

that is not rape: I'm not supporting what he did; personally, I think it's pretty sick. but consensual and fertility being factors is not "rape". yes, I know the laws as well. he shouldn't get away with all charges being dropped, and should probably have to serve time in jail for not only having sexual relations with a minor, but for fleeing prior to sentencing too. just another opinion.

dani

[Susan Nunes]

The "girl" in question, now known as Samantha Geimer, may well be a grandmother by now since she is 44. She is willing to put the whole thing behind her. From Wikipedia: In a 2003 interview, Samantha Geimer said, "Straight up, what he did to me was wrong. But I wish he would return to America so the whole ordeal can be put to rest for both of us." Furthermore, "I'm sure if he could go back, he wouldn't do it again. He made a terrible mistake but he's paid for it".
In 2008, Geimer stated in an interview that she wishes Polanski would be forgiven, “I think he's sorry, I think he knows it was wrong. I don't think he's a danger to society. I don't think he needs to be locked up forever and no one has ever come out ever - besides me - and accused him of anything. It was 30 years ago now. It's an unpleasant memory ... (but) I can live with it."

[Al Bundy]

Rape does in fact have a statute of limitations, but that's not the issue in this case. Polanski's already a convicted felon in this country. He didn't appear for sentencing. He fled. In my opinion, if he comes back, he owes society some jail time.

[Ruby Jackson]

Have him talk with Sarah Jane Olson.

[USofA]

This is a joke. Nothing will happen to him...he's a celebrity.