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

[Stacia]

If he's telling the truth now, that certainly calls the misconduct issue into question, doesn't it? Because Wells' story always backed Polanski's official statement that the judge was being manipulated into giving Polanski an unfair sentence for the crime. Now Wells says he never manipulated the judge at all. Interesting. I wonder what else we'll find out before this is all said and done. A few more revelations like this one and the myth that Polanski fled from an unfair U.S. judge out to persecute him will be completely shattered.

[Warren]

I think Wells is lying about lying. I know what Polanski did was wrong but, I think the Judge handled the case wrong too. After all these years just make the guy serve some time in whatever jail he can afford so the case can be over.

[LWTW]

Can't beleive Whoopi and other celeb's are backing up a rapist, a pedifile, what's wrong with these people!!!!!!!! Maybe they wouldn't think that way if it happened to their child. I haven't seen one of his movies since he confessed and others should boycott him as wll. Send him to prison where he belongs.

Please STOP supporting this prevert.

[123xyz]

Seems like David Wells comments are irrelevant. What is relevant and clear is Roman Polanski took off to avoid justice. What is also clear, his supporters, like Debra Winger, Weinstein and others, feel they themselves should be able to decide who is deserving of leniency and why; Polanski's artistic skill, his awards and notoriety should be offsets in legal violations.

So it follows, there must be some level of skill and notoriety which could allow an artist to avoid a murder charge too.

[Rocco]

The regurgitation of this case just keeps on smelling worse and worse. To all of you at home know it all wannabe prosecutors, the victim would like all of you to give it a rest. She does not want this. She's the victim, remember?

Yeah, it was a bad thing to do to anybody, let alone a 13 year old girl. But if she can get over it and move on with her life, maybe the rest of you could butt out as well.

[Sub/Lady]

Roman Polanski needs to have done to him what he did to that 13 year old girl.

[Mary]

Whatever you think of Wells, since the judge involved is now dead, and Wells is reneging --and willing to testify to same----Polanski has NO LEGAL GROUNDS anymore, or witnesses, to claim judicial misconduct. NONE.

The "documentary" will not be admissable in court, under any circumstances.

The irony here, is that Polanski's attorneys used that foolish "documentary" to arrogantly file papers for dismissal of charges last year.

Hoist on their own petard.

[Poe]

testing... testing...

[Marian M.S.]

That must be one of the lamest retractions I've ever heard. It doesn't take a genius to figure out he's trying to lie his way out of this. This just adds more controversy to the case.

[Branch Shepherd]

The facts: Roman Polanski gave a thirteen y.o. girl a Quaalude and alcohol, the Date rape combo of his generation, then he abused every orifice possible on this girl. doing this to an adult woman is rape, without question. Doing this to a 13yo is monstrous. He is NOT accused of this crime as so many in Hollywood say. He was CONVICTED. He is a fugitive, and needs to serve his time like any other pervert. He has repeatedly cast young girls in many of his films and ,reportedly, interfered with them as well.

She sings a different tune now after the payoffs, but read her account of the assult here http://www.thesmokinggun.com/archive/polanskicover1.html
Then talk about how he is such a great guy.

[Marian M.S.]

You're all still getting way ahead of yourselves.

Right now it's far from clear whether Polanski can even be extradited, given the unclear passages of the Swiss-US treaty with regards to the sentence (as Mr. Weingarten pointed out already) and the fact that he was arrested without prior notice to his country of origin (in this case, both countries), which is a potential violation of the Geneva Convention and will surely be brought to the attenion of the Swiss courts.

[Lawrence Davis]

I don't understand people who are calling Polanski a pedophile. Even the state's two psychiatrists and the judge said he wasn't and that this was an isolated incident brought on by the circumstances of the situation, alcohol and drugs. This doesn't excuse what he did, he committed a crime and did a very bad thing, and I am in no way exonerating him, but it doesn't help the discussion to call him a pedophile. To put this person in a class with people who are a danger to society is both wrong and makes the term meaningless for any practical purposes.

[George Not Bush]

It just begs credulity that a prosecutor would ever choose to lie on camera, especially in a matter that calls in question the conduct of his office.

Likely Wells has realised that his on camera statement can be used to establish prosecutorial misconduct and allow Polanski to retract his plea -- after all, a deal is a deal and when one side reneges, the other side can too.

So the matter will have to go to trial. But whoops, the victim will likely refuse to testify and Polanski will walk after some months in pre-trial custody.

What we see is that the victim is, quite properly in my view as she has had a long time to reflect on the matter, in the driver's seat.

Very much contrary to her wishes, the LA DA decided to ignore her and grandstand -- perhaps to see himself hoist upon his own petard.

Perhaps poetic justice will be served.

[Richard Stank]

If you are under 13 years of age you may read this message board, but you may not participate. If you are a 13 year old girl with blonde hair and a desire to model, please contact Roman Polanski. Champagne and quaaludes will be provided.

[Barry]

I was arrested in 2006 solely because prosecutor David Wells knowingly lied to a judge and filed charges against me that he knew was absolutly false. I filed two State of California Bar complaints against him and met with the LA County Ombudsmen to discuss David Well's unethical prosecutorial misconduct. As a result of my complaints, ALL OF THE CHARGES AGAINST ME WERE DISMISSED!

David Wells is a liar and I have announced my willingness to the State Bar of California to once again come forward and testify against this unethical man. I can only imagine how many people were falsely arrested over the years as a result of this man's prosecutorial misconduct. He knowingly abused his powers against me and I am a practicing attorney, just imagine what he has done to those that did not have the means to defend themselves?

It is David Wells that should be put in handcuffs in front of his family and carried away to jail! Now that would be Karma correcting his many illegal acts.

[daveinga]

i agree that he deserves jail time. that same jail time = what a woman doing the same to a 13 y.o. boy (or girl) would get. lately i have noticed that amounts to VERY little time, if any. and sometimes (women/teachers) not even being required to register as a sex offenders. they were having a 'relationship' when a woman does it. barf! and she needs counseling, barf barf. i recently heard hiraldo on oreilly say that young boys probably enjoyed it. wtf? people here want him to get raped in prison, and lots of other bad stuff (again, wtf!). guess the phrase "equality under the law" really doesn't mean much to so called americans anymore. funny how many women are all over the net screeching for many bad things to happen to this man, and yet when the typical woman rapists get the perfunctory slap-slap on the wrist, nothing! odd how no one is mentioning this. i usually get deleted on boards when i try to bring it up in the discussion. what, ashamed of so many being bigots?

[Sonny]

What Kind of Administration of Justice?????

Polanski served 42 days in Chino, probation was recommended then the judge let him go to make a movie in Europe, and no sentence was given by Judge Rittenband???

And regarding Prosecutor David Wells who was the original prosecutor in the Roman Polanski case in 1977…

Since Roman Polanski’s arrest in Oct 2009, BUT NOT BEFORE, David Wells is denying that he influenced Roman Polanski's 1977 judge, Laurence J. Rittenband by advising him to put Roman Polanski in prison for psychiatric review which Polanski could not appeal, which Wells indicated in an appearance in the 2006 movie Polanski - Wanted and Desired.

Former Los Angeles prosecutor David Wells's justification to be dishonest revealed ONLY AFTER POLANSKI WAS ARRESTED IN 2009 was that Wells was informed by the film’s makers that the documentary was only going to air IN FRANCE.

However DAVID WELL'S (post Polanski arrest) JUSTIFICATION TO LIE IN THE MOVIE Polanski Wanted and Desired, BECAUSE THE MOVIE WAS ONLY GOING TO BE AIRED IN FRANCE DOES NOT PASS MUSTER since prior to Polanski’s arrest, David Wells also gave the identical story to the New York Times over the telephone from his home in July 2008, & BECAUSE THE NEW YORK TIMES IS NOT BASED IN FRANCE.

[witness]

Look at this case and see how ugly prosecutorial and judicial misconduct can get. "Soviet Era tactics" are being used by the city attorney against an innocent law abiding American Citizen who simply wanted to take it to trial. Doctors, judges, cops, lawyers,and prosecutors are not in any way respecting the constitution.

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