L.A. prosecutors planned Polanski arrest after learning he would be accepting award in Zurich [Updated]

Director Roman Polanski is in Swiss custody awaiting extradition to Los Angeles after being arrested in Zurich in connection with his 1977 Los Angeles rape case.

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.

Asked if prosecutors would ask that Polanski be sentenced to time behind bars if he was returned to the U.S., she 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.

Polanski, now 76 and a married father of two, asked the court to throw out the entire case in December based on new allegations of prosectorial 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."

The Swiss Justice Ministry said Polanski was taken into custody after he flew in to receive an award at the Zurich Film Festival.

[Updated at 9:20 a.m.: 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.]

The ministry issued the following statement:

"Yesterday evening Roman Polanski was arrested at his arrival and was put in provisional detention in view to extradition based on an US arrest warrant. The US authorities are accusing Roman Polanski of sexual acts with minors, specifically in a case of 1977 with a 13 year old girl in Los Angeles. Since the end of 2005 the US authorities are searching worldwide for Roman Polanski.

"An US arrest warrant against Roman Polanski exists since 1978. Whether Roman Polanski will be effectively extradited to the USA or not, can be established only, after the extradition process judicially has been finalised. It is possible to appeal at the federal penal court of justice against an arrest warrant in view to extradition as well as against an extradition decision. Their decisions can be taken further to the federal court of justice. In respect to this pending process it is not possible to give any further information."

-- Harriet Ryan

Photo: 2005 file image, Gerard Julien / AFP/Getty Images

Comments

[Dave Keller]

There are two legal issues in this matter. The first is the sexual assault, of which Mr. Polanski was already convicted. Should he be sentenced? Of course, since that is the law. He should sentenced to whatever the sentencing recommendation was at the time. The sentence should then be suspended, with the standard offender registration requirements and standard good-conduct requirements that normally would be imposed on any other parolee. The second is more complex. Mr. Polanski did, in fact, flee the jurisdiction to avoid serving time either in the county jail or in the state prison. That is an entirely different offense. It was a violation of the conditions of Mr. Polanski being allowed to remain free, pending the resolution of the primary criminal case. This is a serious crime and should result in punishment. That is the law of the land in California. If you do not like the law, change it. Of course, such a change would result in many serious violent felons going free by merely being clever to flee the jurisdiction and remain outside of the long arm of the law long enough. Legally speaking, the passage of time does not have a impact on the seriousness of the offense. To argue otherwise is does not make sense. The law is the law and should be applied evenly. Whatever punishment Mr. Polanski receives for fleeing is, of course, a judge's decision. The judge will probably impose a short jail sentence and require Mr. Polanski to reimburse the county for the expense of housing him. More importantly, Mr. Polanski will most likely be placed on felony probation for several years and be forced to remain in Calfornia during that time.

[Cleo Watts]

As a black man, I find it to be very discouraging that there are people in society that will come to the defense of a child molester. That is all Mr. Polanski is. A child molester.

I wonder if these defenders would feel that same way if it was their 13 year-old daughter who was molested?

[xftuxtu]

leave the man alone

[M Hirsch]

Here's a simple solution, drag his butt to LA (regardless of the politics of where he is coming from) give him 30 years of probation, a sex offender status and make him pay for all the court fees and costs associated with his case. That is barely a slap on his wrist/wallet, the case ends and the DA can put this in the win column and move on to other scum.
End of story on a semi talented director.

[mike]

Medieval, vindictive, vengeful: let me count the adjectives. I can't help but think that if a whole slew of DA minions were forced to travel to (and wine and dine in) say, Moldova or Turbanstan on the Taxpayers' credit card, there would be much less interest in this case. You can be sure the trifecta of all-expense paid travel to Swinging Switzerland and France, a high-profile "win" (make me gag) for the Cretin Also Known As the District Attorney, and the points made with the Bible-Thumpers for "protecting our kids" insures this sordid tale will go on forever and ever. Got to distract the masses with something and Orange Jumpsuited Perps in the "Patriot Position" (hands against the wall and feet spread) makes for great mind-numbing television. (And now a word from our sponsors, Xe (aka Blackwater), Lockheed-Martin, Coca-Cola, and Taser Industries. We'll be right back with more breaking news.)

[Elle]

He mades wonderful movies, but on the other had he had sex with children.

Their no exeption of the rule: He needs to be punished.
It does not matter how long this is ago.

[About time]

His arrest was absolutely justified and overdue. He had sex with child, one of reportedly many children. He's a pedophile and should not be treated with kid gloves because he has talent, is famous, and had a horrible family tragedy. Let him defend himself within the justice system. And why did Jack Nicholson have 13-year-old girls inside his jacuzzi?

[JD]

You bleeding hearts make me sick. If it were your child that was raped by this pervert you'd be singing a different tune. The scumbag was convicted and then ran away. Nothing but a coward. Hopefully, in prison, he'll get the same that he did to that little girl.

[shocked]

Leave Roman Polanski alone!!!!!!!!!!Arrest the mother of the girl who dressed her up to look like a 25 year old and dropped her off at Jack Nicholson's party!

[J K]

If it were your 13-year-old daughter he had been convicted of raping, you wouldn't think it a waste of taxpayers' dollars. You'd think it was justice.

As I do.

[Mara Kingston]

The US INJUSTICE Dept. has struck again! What a waste of taxpayer's money!! He is 76 years old. This happened over 30 years ago. His victim (a 13 year old at Hollywood Party - what was she doing there then? Where was her parental supervision?) doesn't want to press charges. LET HIM BE FREE! He has contributed so much to the arts and enjoyment to humanity...let him keep on doing good. And Switzerland...what happened to neutrality? Is this another appeasement to BIG BULLY??? The US has the highest incarceration rate in the world, all to satisfy its greed for more $$...with most detainees being there for victimless crimes. Wake up world!

[David]

How can any of you feel sorry for this guy? He raped a 13 year old girl. He belongs in 6 x 9 prison cell for the rest of his life and if he ever gets out needs to register as a sex offender. This man is a predator and needs to be treated as such. I do not care how many great films he has made.

[Jim]

Maybe the French Cultural minister can check Mr. Polanski's availability to babysit his grand daughter.

[Jim]

Reading the comments posted here makes me wonder which of you would have like to have Mr. Polanski spend some quality time with one of your 13 year old daughters.

[Mike]

The victim did NOT say the sex was consensual. Precisely the opposite in a 2003 L A Times op-ed. However, she says she doesn't harbor a desire to punish Polanski, and in the beginning was content with a guilty plea and time served.

[justinian]

The judge reneged on the deal made at that time; hence, Polanski's flight to a country that rationally considers criminal conduct. Apparently, he's no risk to France, which is a safer country than the U.S. by far. Too bad those resources couldn't have been used to capture Osama Bin Laden instead of those motivated by indignation, spite, and a perpetually lingering, daft, American Puritanism.

[Oldgeez]

I can't believe all the people defending this guy. He was 46 years old, she was 13!!!!! He lured her to the house with the pretext of modeling photos and probably the possibility of becoming famous. I'm sure the parents never thought for a moment that she was in danger. Then, he gave her alcohol and drugs and had some version (or versions depending on what you read) of sex with her!!! And that's ok???? Get real people...if you think it's all ok I would say send your 13 year old daughters over to my house but that is just disgusting!!!

He should rot in jail. He ran and snubbed justice for over 30 years, living the high life in France and getting all the admiration of the movie industry as if there never was a rape committed. "Oh that Roman, he is so cool and artsy".

Sheesh.

[MOV]

This guy is a pervert and he belongs in jail, period. It is amazing to me that there are so many men in our society that rise to the defense of such a disgusting individual. Perhaps there are far more perverts and pedophiles in our country than one would think, they are our co-workers, our neighbors, our teachers, our politicians...Lock-up your female children folks, obviously there are not enough decent men out there to protect them. Hope what happened to that 13 year old girl doesn't happen to one of your daughters or sisters you screw-up defenders of a child rapist.

[Les]

How stupid can the U.S way of justice get? This is Macho "I will show you" type of justice, nothing else.

[Inga]

I'm not sure if Todd Lanman is joking in his post or is serious. To quote him: "Rush limbaugh told me about this on fox news"

You believe Rush? you write as if he's a friend.

You ask we should think about the precedent being set - well, I think it is a damn good one. Statutory rape is statutory rape. Doesn't matter if the girl consented or even threw herself at him.

Is Polanski above the law? Are we setting the precedent that if you run away from your punishment it is OK and you should be let alone? HUH? Yeah, great precedent. All criminals should be forgiven if they run away from facing their punishment.

You say you "like the company of a nice young woman". Company is one thing...sex is a completely different thing. As i said above, statutory rape means THERE IS NO EXCUSE for sex with a minor. And, we're not talking about someone who is almost 18...this girl was 13 or 14. Well BELOW the age of consent, especially with a man much older than her.

Faux news thinks its a witch hunt. Huh? Do you know what a witch hunt is? If you did, you would know it doesn't apply in this case.

Are you able to think for yourself?

You say to "leave the poor guy alone he's old now." You mean that like Garido who is "old", we should leave him alone because he is old and I'm sure poor young Jaycee ASKED for it too. Yeah, there's another witch hunt for ya. I bet Rush thinks that Garido should be forgiven since he fathered 2 kids with Jaycee, and well, you wouldn't want your children to know they are the result of raping a minor!

Go crawl back under the rock you came out from under and don't re-surface until you can think for yourself. I hope your friends who have minor daughters read your post so they know to keep them away from you since you obviously don't know right from wrong yet.

[K]

Do you people really feel sorry for him and want him freed? He is accused of sexually assaulting a 13-yr old girl. What if that were your daughter? Some of you people are pretty sick.

[Betty48]

What a waste of money!!!! If he stays out of the country who cares??? The incident happened almost 40 years ago - I can think of alot of things that the gov't can spend time on!!! No wonder CA is hurting for $$ - if he does go to jail they shoild pay for his "rent"!

[Naomi]

There is actually HOPE.......and justice in the USA
So now it's time to arrest Bush, Cheney and...
Greetings from Europe

[barto]

Like JACK said, a few years after the alleged incident, ' Yeah, right, 13 goin' on 30'!

[Joe]

We arrested the son of Gaddafi because of mistreatment. So why shouldn't we arrest respectively hand over Polansky?
To make it clear: the request for extradition was given by the US (this is not a Swiss buzz)
By the way:
Neutrality doesn't mean to protect criminals!

Joe from Switzerland