After several tries, U.S. officials finally nab Roman Polanski in 1970s rape case [Updated]

Three decades after he fled the United States following his arrest for unlawful sex with a 13-year-old girl, Roman Polanski was taken into custody in Zurich this morning and faces extradition to Los Angeles.

Polanski, the famed film director whose career continued to flourish even after fleeing for Europe, was arrested as he arrived in the Swiss city to accept an award at the Zurich Film Festival.

The Los Angeles County district attorney’s office learned last week that Polanski had plans to travel to Zurich this weekend, said Sandi Gibbons, spokeswoman for the district attorney’s office.

Prosecutors sent a provisional arrest warrant to the U.S. Justice Department, which presented it to  Swiss authorities. On at least two previous occasions, the district attorney’s office has received reports that Polanski had travel arrangements to countries with extradition treaties with the U.S. and prepared paperwork for his arrest, Gibbons said.

“But in the end, he apparently found out about it and didn’t go,” she said.

A source familiar with the investigation told The Times that the U.S. Marshals Service had come close to arresting Polanski half a dozen times or so over the past few decades -- though several of those opportunities presented themselves in the last two years.

"For one reason or another, it just didn't work out," said the source, who spoke on condition of anonymity because the case was ongoing. "There are so many variables."

The source said Polanski always was very careful about when and where he traveled. But as new questions arose in recent years about the fairness of his case, the source said Polanski appeared to become more at ease about travel.

Thomas Hession, head of the Marshals Service's  Los Angeles office, would not comment on specifics of the case but said authorities moved quickly on each lead. "Any time information was developed, the L.A. County district attorney's office and the Marshals Service immediately acted on it."

Three decades after he fled the United States following his arrest for unlawful sex with a 13-year-old girl, Roman Polanski was taken into custody in Zurich this morning and faces extradition to Los Angeles.

Polanski, the famed film director whose career continued to flourish even after fleeing for Europe, was arrested as he arrived in the Swiss city to accept an award at the Zurich Film Festival.

The Los Angeles County district attorney’s office learned last week that Polanski had plans to travel to Zurich this weekend, said Sandi Gibbons, spokeswoman for the district attorney’s office.

Prosecutors sent a provisional arrest warrant to the U.S. Justice Department, which presented it to  Swiss authorities. On at least two previous occasions, the district attorney’s office has received reports that Polanski had travel arrangements to countries with extradition treaties with the U.S. and prepared paperwork for his arrest, Gibbons said.

“But in the end, he apparently found out about it and didn’t go,” she said.

A source familiar with the investigation told The Times that the U.S. Marshals Service had come close to arresting Polanski half a dozen times or so over the past few decades -- though several of those opportunities presented themselves in the last two years.

"For one reason or another, it just didn't work out," said the source, who spoke on condition of anonymity because the case was ongoing. "There are so many variables."

The source said Polanski always was very careful about when and where he traveled. But as new questions arose in recent years about the fairness of his case, the source said Polanski appeared to become more at ease about travel.

Thomas Hession, head of the Marshals Service's  Los Angeles office, would not comment on specifics of the case but said authorities moved quickly on each lead. "Any time information was developed, the L.A. County district attorney's office and the Marshals Service immediately acted on it."

Asked if prosecutors would ask that Polanski be sentenced to time behind bars if he were returned to the U.S., Gibbons said, “We’ve always maintained this is a matter between Polanski and the court. … We initially recommended prison time for him, but I can’t see into the future.”

An attorney for Polanski, Chad Hummel, declined to comment. “Right now, we’re not in a position to say anything,” he said.

[Updated 1:00 p.m. : In a statement, three Los Angeles attorneys representing Polanski  indicated the arrest came as a surprise. The lawyers have been representing him in an ongoing attempt to have the case against Polanski dismissed on the grounds of prosecutorial and judicial misconduct.

"We were unaware of any extradition being sought and separate counsel will be retained for those proceedings,” wrote attorneys Douglas Dalton, Chad Hummel and Bart Dalton. Their request to have the 1977 charges against Polanski dismissed is currently pending before the state Court of Appeal.

The organizers of the Zurich Film Festival expressed “great consternation and shock” over Polanski’s arrest and said the program honoring his films would go on in his absence.

 A spokeswoman for the event, Nikki Parker, wrote in an e-mail that neither Polanski nor the organizers considered his legal status in the U.S. an issue in attending the festival because he often traveled to Switzerland and even owned a home there.

“There was no concern whatsoever,” Parker wrote.]

Polanski, now 76 and a married father of two, asked the court to throw out the entire case based on new allegations of prosecutorial and judicial misconduct detailed in an HBO documentary last year. The L.A. district attorney’s office argued that he could not make such a request while a fugitive, and an L.A. judge earlier this year agreed. A 1997 attempt at settling the case also failed.

Polanski was arrested 31 years ago at a Beverly Hills hotel after a 13-year-old girl accused him of sexually assaulting her during a photo shoot at actor Jack Nicholson's house.

A 1978 arrest warrant, issued after he failed to appear at his sentencing on the statutory-rape conviction, is still in effect, and he would be taken into custody upon arrival on U.S. soil. The director of "Chinatown" and "Rosemary's Baby" has not returned to the U.S. since then but continues to work as a director, winning an Oscar for "The Pianist."

Polanski’s stay in Switzerland could be brief if he opts to return to Los Angeles.

“If he agrees with an extradition, he could be sent to the U.S. in the next days,” said Guido Ballmer, a spokesman for the Swiss Federal Department of Justice and Police.

But if Polanski declines to come back without a fight -- perhaps a more likely scenario given his three decades as a fugitive -- the court process could be quite lengthy, Ballmer told The Times.

The appeals process has several layers and could last months, if not longer. 

-- Harriet Ryan and Andrew Blankstein

Photo credit: A Polanski fan waits for Zurich's Filmfestival. Polanski would have been awarded tonight with the "Golden Eye Award" for his lifework. Ennio Leanza / EPA

More coverage:

Roman Polanski photo gallery

Roman Polanski's attorneys stunned by arrest

Samantha Geimer on being the victim of Polanski and the media

Polanski's extradition to L.A. could take months

Comments

[Steve]

If this guy was on Dateline: To Catch a Predator with Chris Hansen making him look like a freaking deviant pervert, everyone would be happy to see him go to jail. But because he's a famous director and it happened 30+ years ago it's ok now? He is getting what he deserves.

[Bob]

I'm surprised that Poland of all places would protest Polanski's arrest. After all, Poland recently passed a law making it mandatory to castrate all convicted child molesters and the prime minister himself was quoted as stating that in his eyes, child molesters are less than human and therefore, human rights do not apply to them.

To all those who dismiss the arrest as insignificant: Do you really want to live in a society where a man who rapes a 13 year old girl can essentially get away with it provided that he has the money and fame to escape any attempt to bring him to justice?

[Vicki Murphy]

I think it is sick that Polanski is being defended because he made some great movies. Most child molesters have been honored as "Citizens of the Year" in their communities, only because the community didn't know their dark, shameful side.
A child is only a child for a little while and Polanski and his ilk are only taking the innocence of those children for their own 'satisfaction'.
I'm glad he's finally caught and that he will be required to end his days in jail....he's been free to do in France, whatever he did to the 13 year old victim in America, for all of these years... Bummer, big time. He is a child abuser, plain and simple.
Vicki Murphy

[Shinea]

Since this guy is world famous and is beloved the the french he should be absolved of any criminal sexual behavior involving minors. Any 43 year old man should be able to have sex with any 13 year old as long as they are a politician or an "artist". Of course they should be supported in their deviance by all the artistic people of the world, particularly the French and Hollywood where 13 is already 6 years past the age of consent.

[Jsmith]

Were he not a big shot Hollywood celebrity, no one would ask twice about tracking down a child molester this much later. Perhaps if he had been nabbed in a dingy overcoat he would be more obvious as the perverted criminal he is. I look forward to his conviction.

[jggrimm]

In a culture saturated with a Hollywood film industry preoccupied with attractive girls, it is not surprising that one of its more gifted directors would embrace the opportunity to have sex with an attractive little girl.

Unfortunately for Roman, our laws do not allow 13 year old girls to provide consent as a defense to having sexual intercourse with middle aged men, even if they are gifted artists.

Then, to make matter more complex, when one is indicted in this state for a felony, or convicted, then flees from their day in court or years in jail, the clock does not begin to run in favor of the person fleeing. If that were the case, than anyone who could post bail would just move to a country sympathetic to felons with cash, and wait for the statute of limitations to set aside their conviction.

The result? Rape, rob, kill. Post bail. Leave. Wait. Return.

So, Mr. Polanski's attorneys are surprised. I'm sure they are shocked, and paid well to be so.

Mr. Polanski, under the laws of the state of California, raped a 13 year old girl. He will now be required to answer for his crime.

[Tom]

And so here we go... Another all-encompassing media circus about to set in, as Americans once again steer their attention away from the stuff that truly matters.

Talking heads, cable news, pundits, blog posts, comments, chatter, noise noise noise. No one will turn away; all of you will have an opinion; all of you will care. You'll actually CARE about this.

And you'll care because you can afford it. What an era of ugly luxury we live in. So much room for so much excess and ick. There is no recession. Few are truly struggling. I mean this: There is no crisis. The Polanski mania that's set to unfold will confirm, once again, that we clearly live in an age of opulence.

[Marty]

I'm glad they got him. You can scoff at American justice, but you can't get away from the accusation that he raped a 13-year-old girl. I fail to see how living free in Europe, continuing his career, was in any way a punishment. He deserves jail time just for fleeing. Choosing not to continue pursuing him would send the message that you can commit crimes and flee without any fear of paying the consequences.

[Brenda]

Why is is that the public always want these types of situations to be based on public opinion. It shouldn't matter if half the world thinks this is unfair or that too much time has gone by. The truth of the matter is that we are a country with laws and they should be for all people. Regardless if you are young or old, rich or poor, famous or unknown and yes, even if the person has successfully eluded the law for years, they still needs to face the consequences of their actions. I get tired of hearing how our justice system is unfair because it supposedly targets people by race or their place in society. Finally, someone is being prosecuted and money and fame is not stopping the law from justly pursuing them. I say this is just what we need more of. All people should have to answer for their crimes. The victim may have moved on and forgiven him but our society needs to have all criminals answer for their deeds so that others will think twice before doing the same.

[Elizabeth]

Any media sensation, to address another poster's comments, will be caused by those trying to defend this cowardly fugitive child rapist, not because of the American media's supposed bloodthirsty nature. And we all know the British tabloids aren't bloodthirsty at all. The knee-jerk anti-americanism that I've seen in many posts is quite tired. The fact that this arrest does not compute with much of Europe, as another poster wrote, just indicates the pathetic state of affairs in the continent.

Letting child rape go unpunished sound more like Saudia Arabia to me. Only uncivilized countries, Poland or France come to mind, would let that go. After all, he's such a good director!

I'm so glad that I, nor the American government, aren't "sophisticated" enough to shrug off child rape. and this man has finally been caught, and will face the justice that he so cowardly fled so many years ago.

[T D]

I am so happy this child molester is going to jail. Hopefully he will die there.

[Adam Major]

I wonder if all of you Polanski apologists are equally indifferent to the prosecution of Phillip and Nancy Garrido for the kidnapping and rape of Jaycee Dugard. After all, that was 18 years ago so who cares, right? You're idiots.

[John Mendez]

I am also very pleased the victim has moved past this, and alsoagree Polanski needs to stand before a judge and have his case argued and judged fully, not skip town like the coward did in '78. Good work by the US Marshals. Those who are posting in detestable defense of Polanski think that raping a 13-year old is okay! I pray for those posters and for Polanski that your hearts become fertile and not resist the love of Jesus Christ. No sin is small in the eyes of God and Polanski has sinned: he willingly drugged, raped & sodomized a 13-year old girl.

[Tom]

I would love to have sex with a 13 year old girl. But the only thing stopping me is the fact that it is against the law and I don't want to go to jail. Uh, wait a minute. I guess I should have said, "I would love to drug and rape a 13 year old girl...." But, of course, I am being facetious here. But there are plenty of people who do think it is okay to have sex with children, drugged or un-drugged, and the only thing standing in their way is the Law. In order for the Law to be effective there has to be consequences. What if (name your favorite white collar criminal here) just paid a fine and reimbursed his / her victims and that was it? Would it then be okay? Do only those with deep pockets get to escape justice and not do their time for doing their crime? Or is it only criminals who have been hidden and protected from extradition for a certain number of years who get to escape doing their time? A murder victim's family might express forgiveness towards the murderer, but that does not mean that the murderer gets to escape the hangman's noose. Of course Samantha (the victim here) has expressed forgiveness. Do you think that she wants to live with 30 years of constant hate towards the guy that drugged and raped her? Don't use her willingness to forgive as a way of justifying a criminal's escape from justice. The crime was not only committed against the 13 year old child, but against society as well. Oh, and lastly, please don't throw out the 'jew card' here. Many people come from tragic backgrounds and don't commit vile crimes. You mock every single person who died in the camps by trying to justify his behavior - or release from incarceration - that way.

[Funenj]

Maybe we should let Manson go free. He never personally murdered Sharon Tate. Besides, it happened so long ago.

[Guy from the US]

Yes the US is silly wanting to prosecute a man after he admitted to rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, and furnishing a controlled substance (methaqualone) to a minor.

This man should be welcomed home a hero instead of changed with a crime. What kind of just and civil society are we trying to run here??

[AJ]

I love all these folks that think he should continue to live it up in Europe as a free man. Why in the hell shouldn't he be extradited and face trial? Because it's been so long? Get out of here. People that believe he should remain a free man are the same ones that look the other way whenever someone commits a crime or behaves poorly. As long as it doesn't affect me, I don't care what anyone does. It's the standard European, liberal, ignorant response to controversy or confrontation. No morality, no judgment placed upon others. Just avoid dealing with issues like this and everything will be A-OK. Are u nuts?

[mike in tn]

Funny that you can't be under 13 to post on this board.
He needs to stand trial.
The pain of young people being abused never goes away.
Justice on earth, mercy from God.

[Shinea]

You self righteous Europeans and your willingness to allow a CHILD MOLESTER to escape justice are the reason there are so many children around the world being exploited. You see nothing wrong with a 43 year old using a 13 year old for his sexual gratification yet you scream bloody murder when a Saudi marries a 14 year old. You are hypocrites at best and closet child molesters yourselves at worst. You dare to accuse the Americans of pandering to the media? Because Polanski is not some scruffy street vagrant but an "artist" you excuse him his degeneracy! That says more about you then it does of him.

[John Hansen]

Woah, seems to be a lot of pro statutory rape comments here

[D]

You people who are making light of his crime are seriously sick. He sodomized a 13 year old girl! This is funny to you? You think this is something we should just let go? Sickos!

[ArcticLion]

Polanski's arrest is good news. He thinks that because he is a "celebrity" and has wealth he can get away with anything. It was clearly a case of forced rape of a minor. It should not go unpunished. I certainly hope he is brought back to the US so that his prosecution can be completed. He had it coming. I hope there is no room for "negotiating" here. Thanks to the Swiss for their cooperation in this matter.

[Ambergris]

The man plead guilty to the charges over 30 years ago and then fled the country to avoid sentencing. This wasn't a trial situation. This was a pleading in front of a judge.

Hard to have any sympathy for the man under those circumstances.

[Matt]

If a dude drugs, rapes, and sodomizes a 13 little girl -- he gets introuble in America. What is wrong with following laws? Stay out of America if you don't like our laws.

What is it with the French?

[Adam B]

Look, I have a lot of respect for Polanski's films, but I don't believe that there should be a second legal code written up just for self-indulgent artists or celebrities. The man essentially drugged and raped a 13-year-old--so what if she forgives him now? If the guilty party in this case was a janitor down at your daughter's middle school you and everyone else and their grandmother would want the guy locked up for eternity.