Retired prosecutor says he lied about Polanski case

A retired Los Angeles County prosecutor who claimed in a 2008 documentary that he advised a judge to sentence Roman Polanski to prison for having sex with a minor now says that he lied on film about his role in the case.

The on-camera statements by David Wells in “Roman Polanski: Wanted and Desired” were seized upon by Polanski’s defense attorneys, who say in court documents that Superior Court Judge Laurence J. Rittenband and Wells engaged in misconduct by improperly discussing the 1977 case behind closed doors.

Wells, who at the time of the alleged misconduct was not the assigned prosecutor on the case, claimed in the film that he spoke to Rittenband before sentencing and told the judge that Polanski deserved prison time.

He claimed that he suggested a way that the judge could sentence the director to prison by sending him to Chino State Prison for a 90-day “diagnostic testing,” despite a probation officer’s recommendation that Polanski serve no time behind bars. 

“That was not true,” Wells told The Times today during a brief interview. “I like to speak of it as an inept statement, but the reality is that it was a lie.”

Wells, 71, said that he made up the story, believing that the documentary would never been shown in the United States. The film was broadcast on HBO.

In January, Wells told The Times that he regretted making the statements but never said they were untrue. Rittenband died in 1993. Wells said today that he notified the district attorney’s office several months ago that he had lied during the film and apologized for his actions.

He said he decided to make the announcement public after the weekend arrest of Polanski, who fled Los Angeles on the eve of sentencing after pleading guilty to sexual intercourse with a minor.

“Why am I owning up to it now? If Polanski does come back, that’s going to be an issue as to whether he can withdraw the plea,” Wells said.

Wells' comments were first reported by The Daily Beast.

Wells statements in the HBO documentary make up a portion but far from all of the misconduct allegations Polanski's attorneys leveled at Rittenband for his handling of the original case. His attorneys cited interviews in the documentary in their unsuccessful effort to dismiss the case.

—Jack Leonard

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Comments

[YoYo]

Movie mogul Harvey Weinstein and director Martin Scorsese have just lost my viewership of anything they have created.Also any support by any TV or Movie Star that supports this sicko will not be on my watch list of shows. I am just one person but I can bet there are others that will take the same stand.

[Stuart Weiss]

Former county prosecutor's explanation for not telling the truth in the HBO documentary, that he "didn't think the film would (never) have been shown in the United States" seems extremely weak on its face. In truth, he'd have no real knowledge as to where the film might ultimately be distributed.

The question best presently asked this attorney is: Was he lying then or is he lying now?

Thank you

[Tom]

Or maybe he's lying now....

[markiejoe]

Right. Like we believe Wells now. Right.

[Jmoore]

As a retired law enforcement officer who worked in Los Angeles for over (20) years Im never suprised. Only the poor go to jail in L.A.The rich never go to jail they just pay the bill.

But again we get to see what Hollywood is made of when it defends a man that druged, raped and sodumized a (13) year old girl.

[tom frobisher]

roman did the crime and now he can do the time.

[myfailsafe]

Looks like the Pedofile/Rapist is finding less and less ground to stand on. Even the French Government is backing away. I think that most people never even knew the details of what this monster did to a 13 year old girl until now, and are thinking, "wow, maybe I should of kept quiet about supporting what is clearly a sex predator"
By the way, thank you Hollywood, you never disappoint !!!

[David Williams]

I'm listening to Wells on KFI. He says he said he lied to "liven up" the movie. He says he never thought it would be played in the US--as if that matters. He is a lunatic. I think he was telling the truth in the HBO special and is now trying to cover his butt. He "liven up" statement makes no sense.

[Dance Forever]

Roman Polanski has been through the mill, Hell, and other severe trauma. He needs to be left alone at this point. What's the purpose of hounding him about something that happened many, many years ago? Polanski will always have to live with the aftermath of his wife and son being murdered without mercy, as well as several of his close friends.

[mschliebs]

What ? A prosecutor lied ? Say it ain't so, Joe. Please say it ain't so.

[Duke Nukem]

Polanski gave a 13 year old girl alcohol & Quaaludes. He then raped her. Rather than defend himself, Polanski pled guilty. He fled the country before formal sentencing. Those are the facts that the Hollywood elite seem to be in denial over. I wonder how the Hollywood elite would feel if it was their child Polanski raped?

Whoppi Goldberg, "It's not rape rape." Todays legal lesson Whoppi...

Polanski violated the following sections of the law.

261. (a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
(2) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the
accused.
264. (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.

286. (a) Sodomy is sexual conduct consisting of contact between the
penis of one person and the anus of another person. Any sexual
penetration, however slight, is sufficient to complete the crime of
sodomy.

(c) (1) Any person who participates in an act of sodomy with
another person who is under 14 years of age and more than 10 years
younger than he or she shall be punished by imprisonment in the state
prison for three, six, or eight years.

288. (a) Any person who willfully and lewdly commits any lewd or
lascivious act, including any of the acts constituting other crimes
provided for in Part 1, upon or with the body, or any part or member
thereof, of a child who is under the age of 14 years, with the intent
of arousing, appealing to, or gratifying the lust, passions, or
sexual desires of that person or the child, is guilty of a felony and
shall be punished by imprisonment in the state prison for three,
six, or eight years.

[jacksplat]

I hope there is some way to Charge Wells with lying, or whatever. What a piece of crap this guy is. Polanski should hopefully go straight to jail....straight to jail. He is a pedophile.

[rip]

so what's the point? ok, this guy wells has zero credibility, so, roman gets a new trial? will he argue he can't get a fair trial in LA, so it needs to be moved? roman will no doubt request a move to Paris, but wouldn't it be even worse outside of LA, except for Paris? i don't get it. this guy wasn't even a prosecutor on this case. is the argument that the judge ab=naged in misconduct and therefore roman is entitled to a new trial? ok, he still needs to come back? wouldn't that place roman in even greater potential legal jeapordy? wouldn't he be best served to stay in a comparitively nice single person Zurich prison suite for say a year, then return, and face a sentance incorporating time-served in Zurich? what there is a reasonable chance that this whole case gets tossed?

[bob221]

Why is this even an issue with a ten year statute of limitation?

[DGomez]

why is it that everyone in law enforcement is either a liar or a cheat?

[JohnRJ08]

Wells is lying now because, if Polanski is extradited from Switzerland, he doesn't want to be blamed for the original plea being thrown out.

[enrique]

Are we suppose to believe this prosecutor now? He obviously told a lie to protect himself. What a worthless piece of revelation just to save his own ?%*!!!!

[Tired of celebrities getting away with it]

I sincerely hope the "Hollywood elite" that are demanding Roman Polanski's freedom have a young relative who's given the same treatment that Polanski gave that 13 year old girl 30 years ago....maybe then they'll see what it's like to be a victim, and how asinine their statements really are.

[X-Man]

He pleaded guilty and ran off when he thought he had to do some jail time? Many of these people coming out with statements of support don't even know the details of the crime. This guy drugged and raped this 13 year old girl not once, but several times. Imagine if she would have become pregnant? Him being, arguably, a great director is irrelevant. And his work as a director since the crime is irrelevant. Now, had he become or done great humanitarian work since the crime as a way to atone for it, then that would mitigate some of it. The crime of rape not only affects the victim, but the community at large. Polanski is a coward.

[M. Ross]

The Rich & Famous operate under a different set of laws than you and I (viz.: O.J.'s murder trial), and Polanski will be no different. Just look at the Free Pass that Mahony has gotten from Cooley in spite of Mahony's concealing a vast network of priest paedophiles. Mark my words: when no one is looking, Polanski will be cut yet antother sweetheart deal wherein he will do little if any jail time and be allowed to return to his sinecure in Europe. Hollywood: Where Child Molesters Rock!! (if they're famous enough).

[PHILesq]

It doesn't matter if the prosecutor lied or not ! Point being that the young girl attested to the fact that Mr. Polanski did indeed rape (sodomise) her and she after all these years needs her day in court to put closure on this issue. Perhaps if found guilty Mr. Polanski can be put away for life and be sodomised day after day while he awaits his own death wherein he will deal with a much higher authority than that of a judge and jury!

[Lawrence Davis]

I’m disappointed that people seem to be so eager to meet out punishment, often without knowing the facts or whether punishment best serves society. In a contemporary report UPI reported that Judge Rittenband ruled that Polanski could not be classified as a "mentally disordered sex offender" and directed Polanski to be evaluated by two psychiatrists. One, Dr. Alvin Davis, told the judge that Polanski "is not a sexual deviate and does not normally seek sexual pleasure from children. . . The offense occurred as an isolated instance of transient poor judgment and loss of normal inhibitions in circumstances of intimacy... with some coincidental drug and alcohol intoxication." He notes that Polanski has "normal remorse for his offense." The other psychiatrist concurred. The judge also noted that the victim looked older than her age and “regrettably was not unschooled in sexual matters."
The probation report concluded that Polanski was an intelligent and moral man who had made a mistake and was sorry for it. The Probation officer concluded that: “Incalculable emotional damage could result from incarcerating the defendant . . .”
All this paints a very different picture of Polanski. Whether it’s a great artist or a commoner, why do we seem to always push for as much punishment as possible. Here’s a person who’s demonstrated that he is not a threat to society and as a society we’ve achieved what should be our goal, that a person who committed a heinous crime has been able to reform and live a productive life. And I in no way condone the crime.

[anthony]

a 13 year old girl!!!!!!!!!!! this country is full of sick men that have polluted our society with the results of their sexual crimes. society or should i say Hollywood sends a bad message to all that its ok what happened back in the 70's. and no one in the industry will stand up and speak their true thoughts on polanski because they will end their carreer..........

what if this was your sister, cousin, daughter???????????????

we should not ask ourselfs that question.............we should simply look to the legal system to punish this predator.

[Longtime D.C. Area Resident]

The Secret of the Ourisman Chevrolet Girl
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/17/AR2008061703227.html
By Amy Argetsinger and Roxanne Roberts
Wednesday, June 18, 2008 Washington Post

Samantha (Gailey) Geimer's mother was extremely famous in the Washington, D.C. region in the 1970's and early 80's as the "Ourisman Chevrolet Girl."
We had no idea what happened to her until it was later revealed she was in fact the mother of the victim of Roman Polanski.

Personally, I'd like to see him "receive" an "RB" (radical bobbittization) "free of charge" before the court "decides" how to "punish" him.......! :)

[Sasha]

What the public fails to realize is that Polanski pled No Contest/Guilty based on the plea bargain that was offered to him. The LA County Diatict Attorney's office made him an offer that involved a plea to a felony, probation and no jail time. Like it or not, that was the offer made by the prosecutor. Polanski accepted. Then the terms of the agreement changed because the completely dishonest and unethical Deputy DA Wells got involved and swayed the mind of the media whore known as Judge Rittenband. Rittenband changed the terms of the original agreement. Polanski even went along with the modification even though it was not what he originally agreed to. Then Wells and Rittenband changed the terms again - - and Rittenband lied about his intentions a second time. It was only then that Polanski decided that Rittenband could not be trusted. Why would you trust someone who already lied twice? Why would you trust someone who did not keep his word? How do you trust an unethical prosecutor now who is just trying to save his skin and that of the DA's office now. Absolutley despicable!! Polanski may not be an angel. But the Judge and Wells are even more disgusting!!!