Roman Polanski arrest becomes an international incident [Updated]

The arrest of Roman Polanski has become an international incident, with France and Poland demanding that the famed director be released on bail and questioning why he was taken into custody.

The Los Angeles County district attorney's office wants Polanski extradited to face charges that he sexually assaulted a 13-year-old girl 30 years ago.

French Foreign Minister Bernard Kouchner told France-Inter radio that he and Polish Foreign Minister Radek Sikorski asked Secretary of State Hillary Rodham Clinton that Polanski be released on bail, calling his arrest  a "bit sinister."

French Culture Minister Frederic Mitterrand was quoted in French media as saying, "In the same way that there is a generous America that we like, there is also a scary America that has just shown its face."

Swiss authorities told the Associated Press that bail has not been ruled out, but the director would have to stay in Switzerland.

Robert Harris, a British novelist who had worked with Polanski, said in a statement that he believed the arrest was "politically motivated." "I am shocked that any man of 76, whether distinguished or not, should have been treated in such a fashion," he said.

Polanski's decision to attend the Zurich Film Festival this weekend was a major win for a minor event, but it turned into a bigger coup for Los Angeles County authorities who seized the opportunity to arrange the arrest  of a Hollywood fugitive.

When the Academy Award-winning director of films such as "Chinatown," "Rosemary's Baby" and "The Pianist" arrived at the Zurich, Switzerland, airport Saturday night for a well-publicized appearance, Swiss officials armed with a U.S. arrest warrant took him into custody. The arrest touches off extradition proceedings that could return the filmmaker to the United States to face the child sex case he fled in 1978.

The county district attorney's office, which prosecuted Polanski 32 years ago for the sexual assault and has battled the director in the last year over his attempts to have the controversial case dismissed, initiated the arrest last week when it learned of his travel plans to Zurich.

"It wasn't any secret. It was on the Internet. They were selling tickets to it," said Sandi Gibbons, a spokeswoman for the office. She said prosecutors prepared a provisional warrant and sent it to U.S. Justice Department officials, who presented it to Swiss authorities.

The arrest stunned Polanski, who has long lived in Paris, where his French citizenship protects him from extradition. His attorneys in the U.S. and France said that despite his fugitive status in the United States, the director routinely travels throughout Europe. He owns a chalet in the Swiss ski resort of Gstaad, and festival organizers said they never considered his U.S. legal problems when recruiting him to headline their event by accepting a lifetime achievement award.

"There were no concerns whatsoever," festival spokeswoman Nikki Parker said.

The length and outcome of Polanski's stay in Switzerland remained uncertain Sunday.

"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 statements by his French attorney suggested there was little chance that Polanski would return without a fight. Herve Temime told the French newspaper Le Figaro that he planned to fly to Switzerland with Polanski's wife, actress Emmanuelle Seigner, to seek the director's release.

[Updated at 7:23 a.m.: Temime told ABC's "Good Morning America" that Polanski would fight extradition. "He wants to struggle, and I think it will be possible for us to maintain his freedom," he said.]

"We are going to argue a defense based on the extradition procedure," he said.

The U.S. Justice Department has 60 days to file a written request for Polanski's transfer to Los Angeles. If Polanski opposes extradition, the Swiss legal process can be lengthy because multiple levels of appeals are available, Ballmer said.

The arrest is the latest twist in a legal saga that has captivated and outraged the public since Jimmy Carter was president. In 1977, Polanski -- a household name both for his movies and for the Manson family murder of his then-wife, Sharon Tate -- was arrested at a Beverly Hills hotel and charged with raping and sodomizing a 13-year-old aspiring model. The girl told police the director had plied her with champagne and a piece of a Quaalude during a photo shoot at actor Jack Nicholson's Mulholland Drive home. He then forced himself on her as she begged him to stop.

Polanski reached a deal with prosecutors in which he pleaded guilty to a count of unlawful sex with a minor and prosecutors agreed not to pursue rape, sodomy and other charges. A judge ordered Polanski to spend 42 days in state prison for pre-sentencing "diagnostic testing." Polanski served the time and was released. But on the eve of his sentencing in 1978, he boarded a plane for Europe, never to return to the U.S.

The court issued an arrest warrant that has remained in effect since.

From his home in Paris, Polanski settled a civil suit by the victim, Samantha Geimer, for an unspecified amount, and she publicly forgave him. He continued to direct films in Europe and married Seigner, with whom he has two children.

In 1997, Polanski tried to work out a deal with the district attorney's office to return to L.A.: Authorities would arrest him at the airport and bring him straight to court, where he would be sentenced to time served and immediately released.

That deal fell apart, with Polanski's side saying that he objected to television coverage in the courtroom.

For the next decade, Polanski made no public attempts to resolve the case. He won the Academy Award for best director for 2002's "The Pianist," but was not at the ceremony despite Geimer's call for authorities to permit him to attend.

-- Harriet Ryan

Comments

[Will B. Served]

He should receive the same treatment as any other skel, short-eyes, convicted child rapist. Contributions to society can be taken into account during sentencing, but they in no way excuse the offense. The outcome of the civil matter should not affect the criminal matter, either. They are separate. The civil lawsuit sought relief for, and perhaps compensated, the VICTIM. But the criminal prosecution seeks to punish lawbreakers, and serves to insure justice and protect all society.

[Ryan D]

We really need to be spending our money (what little of it) in other areas.
Does Polanski deserve to be punished? Yes, but this price it too high.

[Jennifer]

I have a sense that the Swiss police authorities and judicial system are using this occasion to "get back at" our Federal government for prosecuting the Swiss banks with offices in the U.S.A.

Though I don't know all the details, the Federal prosecution of the Swiss banks has something to do with their refusal to disclose the names of Americans who have Swiss bank accounts. Apparently, the Swiss banks were forced to acquiesce and disclose the names to the IRS, thereby destroying the Swiss banks' worldwide customers' confidence in the secrecy of the Swiss banking system. It has been reported that the Swiss economy is very dependent upon those banks continuing to operate without being arm-twisted by foreign governments, and that the Swiss government is very angry with our Federal government about that case and its effects on the Swiss economy.

As a result, when the dust settles, I think we will learn that Polanski's arrest has far more to do with the Swiss wanting to make American's legal system look bad, than the Federal or California government wanting to extradite Polanski.

[Jay McTyier]

I wonder: was novelist Robert Harris "shocked" when John Demjanjuk was taken into custody by US authorities and then deported to Germany for things he did over thirty years ago? After all he was over 76, distinguished or not, based on your point of view. Under the rule Harris wants to apply to Polanski, Demjanjuk should have been treated with more decorum and forgiveness. He was not because he matured into a working class, faceless retiree in the Midwest, not a darling of the artfilm world.

As for Europeans looking to take a piece of the multi-millon dollar US movie and entertainment market, beware. However anachronistic you think our laws and the application thereof may be, they are still the laws of the land in which you ply your trade. Dismiss and marginalize them at your peril, if you want to play and profit in our arena.

[Ian]

Polanski PLEAD GUILTY. He was INCARCERATED for 40 days evaluation. The DA agreed to a PLEA BARGAIN, then RENEGED. Judicial MISCONDUCT was disclosed . The victim received a SETTLEMENT. The case is over THIRTY years old. Holier-than-thou TABLOID ADDICTS get off your high horse!

[Kevin]

Justice is supposed to look "scary" to the allies of child rapists. I have renewed respect for Switzerland. As for France and Poland, their reaction is disgusting.

[Vincent Lowe]

...the LA District Attorney's office should tend to its current and relevant caseload. There are numerous cases pending TODAY that involve crimes against young people that are not being handled. A show trial involving a celebrity may be sensational and carry a lot of political opportunity -- but it doesn't serve the citizens of LA county who look to this office for help now.

[kevin johnson]

Yes, celebrities are better than the average person - kobe byant.

[patrick s.]

How many complaints of rape (adult or child) are turned down for prosecution by this maggot D.A. due to a perceived weakness in the case? I'd guess most of them! Polanski's victim no longer wants anything to do with this and neither do most of the "people", which only goes to show that the D.A. doesn't represent himself, only his political ambitions. This is one office that needs a revolving door to keep these idiots straight and focused on the job at hand - protecting the public - which they almost never do. How many rapists get out of prison or are offered plea deals? MANY! SICKENING!

Patrtick, Esq.

[Karl]

I suppose that, having written this well balanced article in the LA Times, peope in California are well aware of the image damage & repercussions that are to be expected throughout Europe because of Polanski's arrest. One may quite justifiable argue that the pursuit of justice cannot depend on any public relations issue or political will, but then many anecdotes in the recent US history --- from the integration of NAZI scientists in highest positions to waging wars without legal cause --- makes one wonder if this really is the case. Give Polanski a break, and thereby save us from a transatlantic controvery nobody wants!

Best regards from Vienna,
Karl

[Iconoclasher]

Unless you're a clinical psychologist, you have no business calling Mr. Polanski a "pedophile". He doesn't even meet the minimum definition of what a true pedophile is. Secondly, there is a 20 year statute of limitations on this. For some stupid reason, because he moved out of america, that nullifies that statute. Thirdly, I see a lot of envy and projection with Mr. Polanski's critics. This thing is old, the victim doesn't need this and I really do think the u.s.a. has better things to do. The Ugly american has certainly shown the world how sinister and repressed we are.

[French]

VIVE LA FRANCE!!!!!!

[Tim Adams]

I'm not an attorney and don't fully understand the legal issues, but am guessing that behind the scenes motives may look something like this:

In Switzerland, he can be extradited. The DA knows it. Polanski knows it too.

He goes to Switzerland anyway ... essentially, daring the DA to do anything.

The DA now has two choices:

(1) Turn the other cheek, let Polanski get away with it and perhaps broadcast an international message of feebleness about what it can and can't do.

(2) Call the dare, go out on a limb and hope that The Spin can be managed to break in their favor.

My sympathies are with the DA. Yes, it was a long time ago. Yes, the victim has (for money) accepted Polanski's apology. But in a choice between a civil servant struggling to do a difficult job and a celeb who drugged and raped a junior high school student, I'm standing with the civil servant. In his perhaps occasionally inept way, he's trying to maintain structure and safety in what's left of society. Polanski has never done that.

[stephen onwen]

This is typical liberal Europe. Protect the criminals. France is upset with us? They're the ones who protected this criminal for upwards of 30 years. Yet, they are upset with the US? Come on, who is really in the wrong here, not the US that's for sure. Yeah, lets release him on bail, so he can flee to France for their absurd protection of a pedophile. That makes sense.

[Richard]

Why are people saying he committed the crime? No jury has yet convicted him right?
Maybe the childs parents should be held to some account for allowing their 'child' to go to a house alone with men?
I also think that those complaining about bringing him in now for the case are dumb as the Jews to this day still hunt down Nazi's. I say move on and save the money for some modern cases as I hear the DA is a snake money grubber anyways.

[Concerned]

For everyone coming to the defense of Mr. Polanski, let me ask one thing. What would you want done if your 13 year old daughter was drugged and sodomized? Would you demand justice and wait, forever if necessary, or would time assuage your anger?

[Emile Zola]

I wonder why the paper censors free speech, worried more about the bottom line than the truth and as Jack Nicholson put it: The paper, media, America "Can't handle the truth."
Justice is not a switch that you turn on and off as the circumstances warranted, no siree; it is supposed to be blind and as such, it's supposed to be enforced, regardless.
If America worries so much about a "purported rape" that happened 30 years ago, why not show a tad of outrage for the Constitution being raped, violated every day by "looking forward". What is a 13 old girl doing alone in Polanski's mansion? Aren't the parents just as guilty? In my book, they are guilty as sin. American hypocrisy is appalling. It worries more about a, so called, "rape" and worry nothing about the Constitution. Go figure!

[Brian]

hard to see what's the big deal here:

1. Samantha Geimer forgave him (and settled for an undisclosed sum of money).
2. The DA in 1997 agreed to forgo punishment.

the main parts of his debt to the victim and to society seem paid and it looks as if nothing is gained from any new charges. (Or inferring from the DA's actions, no public interest is served over an event over 30 years ago).

If Polanski is not extradicted, I'm not convinced this shows that the state isn't concerned about child welfare. again, the victim forgave and sought damages in private court (so much for the debt to the victim). The DA wanted to essentially dismiss sentencing (so much for the debt to society). Now, if one wanted to say that this case made children more vulnerable you'd have to show that Polanski would commit this crime again or that copy cats would follow his lead. Neither of these claims seems remotely plausible.

I also wouldn't make comparisons to the Nazis. There are lots of obvious reasons why (here's one: isn't genocide different and worse than, unlawful sex with a minor?). Besides, this is a case in which the parties have moved on and no moral bond between them persists. I don't think you can say that about the Jews and Nazi's (once you figure out which sides remain living and whether any of the living Nazi's did anything to any of the living Jews).

[Woody Allen]

It is nice to know that i can rape little children and have a safe haven to go to..THANKS FRANCE!!

[Anna]

Polanski did face a judge and did admit guilt, and he did submit to an agreement with the victim's family under the supervision of the judge. The judge had a change of mind at the last minute, decided not to honor the agreement, and wanted to sentence Polanski to 50 years in prison. The victim and her family tried to get the judge to reconsider, and to this day she doesn't agree with that judge's change of mind. She is no longer a 13 year old girl, but a woman in her forties who maintains the same point of view on the matter. Putting Polanski on trial will require the victim to take the stand again, which she clearly does not want to do.

Comparing Polanski with Nazi runaways is outrageous, especially considering his childhood. Perhaps his childhood as a Holocaust victim should be taken in to account, and we should understand him as someone who was also abused and traumatized as a child. That doesn't exempt him from responsibility for his actions, but it could go a long way to explain his involvement with a thirteen year old. Not to mention the horror of losing his pregnant wife to a killing spree that shocked the entire world. I don't feel sorry for Roman Polanski, but I understand him as the product of a lot of violence and bloodshed. That doesn't make him a sociopath, but a candidate for psychological treatment. He's hardly the dangerous monster the mobs want to hunt down and submit to "justice."

By the way, his offense is forgivable. One of the saving graces of any justice system is the notion that one pays their dues to society through contrition, paying fines, and/or serving time. Murderers have been forgiven, as have rapists, white collar robbers, etc...

[Polanski loves young young girls!]

To every sicko defending Polanski or claiming it is all politics - Please allow yourself to be anally violated. After your anus stops bleeding, please re-comment to everyone the board about how un-fair it would be to your rapist for him/her to spend time in jail.

Roman Polanski raped a 13 year old girl. She was a virgin at the time of the rape. A 13 year old girl is usually in 7th grade. Roman Polanski gave a 13 year old girl drugs and booze then had non-consensual sex with her. What is there to understand? If you defend him, is it ok for any famous person to rape your 7th grader, be it a boy or girl. Is 6th grade ok with you? How about Kindergarten? Is it ok if your 13 year old daughter is raped if the pervert escapes the country for 30 years?

[Paul]

It would appear everyone wants Polanski released based on his notoriety. It's a shame everyone seems to be forgetting the man raped and drugged a 13 year old girl and then fled this country to avoid jail time. It doesn't matter how long ago it happened. The fact is, it happened, he pled guilty to it, and he fled this country to avoid the processes of the court. Now they're talking about bail? You've got to be kidding me. This man already proved he's a flight risk. Unbelievable!

[Daryl]

To the LA Lawyer or Attorney, or whatever you are, your comments are idiotic. Sounds like a typical response from your kind. No wonder people loathe your profession. No matter how you want to spin it, he raped a girl, period. Tell ya what, if it was my child, I would have found him in France long ago, and metted out my own kind of justice. With any luck, his attorney would be by his side. How does that go, two birds with one stone.

[John]

Why in the world would the DA want to spend such a considerable amount of time and money on this, especially when the city is facing such a severe economic crisis?

Is somebody running for re-election in 2010? What a crock!

[Sandy]

This is a ridiculous and stupid waste. Nobody anywhere is the least bit safer because of this arrest. The DA clearly has too much time and money on his hands.