Roman Polanski faces 2 years in prison if returned to L.A., Swiss officials say

Swiss authorities said that director Roman Polanski could spend up to two years in prison if he was extradited back to the United States for sentencing in a sexual assault case.

Officials said in a statement earlier this morning that U.S. officials formally asked Swiss officials to extradite the famed director, 76, to Los Angeles, where he sexually assaulted a 13-year-old girl more than 30 years ago. Polanski fled to Europe just before sentencing for that crime.

Los Angeles County prosecutors have refused to say what kind of sentence they would seek for Polanski if he returns to Los Angeles, and they could not immediately be reached for comment today.

Last month, prosecutors said the proceedings should pick up exactly where they left off in 1978 -- with a judge sentencing Polanski for a statutory rape charge. "He will appear before the court and the court will decide what his sentence is," said Sandi Gibbons, a spokeswoman for the district attorney's office, told The Times in late September, after Polanski was arrested in Zurich.

Legal experts, however, said Polanski has options beyond begging for leniency. There are a number of legal maneuvers, such as withdrawing his guilty plea, that could result in the case being dropped entirely or in a sentence of no prison time.

Polanski's attorney have said he will fight extradition from Zurich.

--Shelby Grad

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Comments

[Kay Ebeling]

The news media refuses to run stories about the worst pedophiles ever to operate in America, Yesterday at cityofangels5 . blogspot . com I put up a story about two Catholic priests who operated in Louisiana. There were 5000 pedophile priests preying on parish families in the last 40 years in this country, (see bishopaccountability . org )

If the USA really was concerned about sex crimes against children, law enforcement would stop caving to Catholic Church pressure and prosecute felony bishops, monsignors, etc.

What Roman Polanski did was nothing compared to the epidemic of pedophile Catholic priests.

[Jayne]

For all those who want to take the victim's forgiveness and drop charges against Polanski...what if the victim wanted to have Polanski castrated, drawn and quartered? The victim's wishes are taken into account, but the victim does not get to solely determine justice. I feel sympathy for the victim, and I am very sorry that the media is hounding her, and that she was treated by society in 1977 as 'asking for it' based on societal prejudices of the time.

Polanski needs to return for sentencing, just as any other sex abuser must face the court.

[concerned]

Mr Lipsitz--FYI--The victim forgiving him is not related to the crime. Why would even say that? Also, I haven't heard from Ms Winger and Harvey Weinstien lately...

[mikeohara]

CA Penal Code section 1018 says: "On application of the defendant at any time before judgment the court may, for a good cause shown, permit the plea of guilty to be withdrawn." If there wasn't a judgment, he can try to set aside the plea, but it's a tough burden and requires "clear and convincing" evidence of mistake, fraud, duress, etc. The CA courts have said, "Our judicial system was not designed to permit a defendant to gamble on the anticipated result of a guilty plea and, when disappointed in the outcome, thereafter re-establish a right to trial."

He also faces additional criminal charges for failure to appear in court--in a felony case, up to one year in prison.

[Sonny]

How do the Swiss know what Roman Polanski can face. They are not the California Authorites.

Apparently Swiss officials have urged American prosecutors to address allegations of prosecutorial and judicial misconduct leveled by Polanski’s attorneys

The Swiss Officials should view the documentary Polanski: Wanted and Desired which shows that Polanski was being treated differently because he was not an American Citizen.



After Roman Polanski had already served “42” days in prison - the movie explains succinctly why he flew away from Injustice in Los Angeles, a theme Polanski was forced to revisit in real life - after making "China Town".




In the movie Judge Laurence J. Rittenband is shown talking about deportation Polanski, & deportation was not part of the Judge’s jurisdiction.



In addition there was more pressure and coercion because if Polanski did not agree to the Judge's illegal new condition of deportation then the Judge would reneged on the prior agreement with Polanski, & would order an unspecified but longer prison term.



But Roman Polanski already had “served” 42 unappealable days in prison which must be unconstitutional since the California prison sentence was not appealable. 



The Documentary Polanski Wanted and Desired also shows that Judge Rittenband conducted phony hearings which were specifically staged for the press.

Polanski's attorney Douglas Dalton and Polanski's prosecutor Roger Gunson confirm this to be true.



Also Judge Laurence J. Rittenband wanted a longer prison term for Polanski NOT because of the original crime that he was accused of - but because Roman Polanski was photographed at the Oktober Fest in Germany sitting next to girls.

But this is not a crime and should not entitle Santa Monica Judge Rittenband to enhance Roman Polanski's sentence.



After all it was Judge Rittenband that permitted Roman Polanski to leave the country in the first place to make a movie, so Polanski was never treated like everyone else, and then the Judge resented Polanski sitting next to girls in Germany's Oktober Fest.




How far should the Santa Monica Judicial system reach to penalize Polanski for sitting next to German girls at the Oktober Fest when sitting next to girls is not even a crime?



And if it is a crime in Santa Monica Judge Rittenband’s view - then Polanski should have been warned before the Judge allowed Polanski to film to Europe, or the Judge should have not permitted Polanski to make a movie before his sentencing, and in this way a trap was set.




Judge Rittenband, (an elected California Official) in the end - was only concerned with how he would appear to the press and the California public. Judge Rittenband had a balancing act to perform and so he Judged Roman Polanski to have committed a crime in Germany by sitting next to girls.



It is obvious that the Santa Monica Courthouse Judicial system is unable to deal with sexual crimes fairly, & is unjust & broken.



The Santa Monica Courthouse is filled with corruption and discrimination in sex cases, regardless of whether you are famous or not, regardless of whether you are accused of consensual sex with an underage girl or whether you are have been victimized by sexual assault, sexual discrimination that culminates in assault and battery in a courtroom in Santa Monica Courthouse.



In a true sense Roman Polanski is being discriminated against because if he was Californian and worked for the State then the State would have been more inclined to cover up any claim of sexual assault, through perjury and false witnesses, insinuating racial discrimination to cove up sexual discrimination, and more staged hearings with the government paying for his lawyers.



In addition Polanski is being discriminated against because of his fame, because of his movies and,because of what the California Manson Family did to Roman Polanski’s American family

and finally because he had the gall to fly away from LA in the face of injustice when the Judge illegally coerced Polanski to agree to deportation or be punished even more, to which Polanski did comply with by flying away from insanity.

[Robert]

The current judicial system has its dress lifted once again. We should have asked the Mossad to deliver him back to LA years ago to stand trial. He is a CHILD MOLESTER! I miss the Middle Ages. He would have been dealt with accordingly on the rack or with a good slow cooking whilst various blood lettings. How ironic that it is the French who have protected him all these years.

[Neil]

If justice is to have any meaning at all it must be applied fairly, equally and impartially. The key word being APPLIED....

I have no care as to who or what he (Polanski) is. It is completely irrelevant.

This is a man convicted of a very serious crime, who tried to evade a tough sentence with a plea bargain (something that is dubious at best in any overall application of 'impartial justice') and then when that didn't work out skipped town to try to avoid the due sentence.

The expression 'He hasn't a leg to stand on' seems appropriate.

Extradite him, with due process, and then bury his ass in jail............

Child rapist................ the plea bargain should be scrapped...absolutely, and then the maximum possible sentence applied... as clear deterrent for others NOT to try to skip away...

[anonymous Long Beach]

At his age two years will seem like a million.

[kelly]

"Roman Polanski has paid the victim and the victim has forgiven Roman Polanski. I consider the need to extradite Roman Polanski back to L.A. for a continuation of an old case which the victim has forgiven is a waste of taxpayer money. The need to pursue this man, Polanski, seems to be rooted in an antipathy for the movie industry in general."

AGREED! People need to realize that we actually cannot punish (nor should we waist our tax money on trying) every single bad person out there. Life is just not fair and sometimes bad people get away with horrific deeds. The victim wants the charges dropped and has fought for that, so let the damn case go! Personally i would love to spend this money prosecuting Bush and his administration for war crimes and the illegal infringement of civil liberties, as i feel what they have done is much much more evil!

[JS]

Whether the victim of his assault forgives him is irrelevant to his prosecution and sentencing. This is not a trial of victim Vs. Polanski, it is a trial of The State of California vs. Polanski.

[Dirk]

2 years sounds about right.

I hope this coward does at least that.

[Madam Prostakova]

Today in NYC were commited three rapes. And no any interest for those incidents in our blogs. Who Care?

Absolutely agree with Mr.Lipsith.
If we see just a tree and do not see all forest we should go back to cave.
Mr.Polanski has been lived in Europe for more than 70 years of his life and
did not commit any negative social act.

For few years He came in US and lend-oneself to certain atmosphere of 70 ties (hippi,corruption, drug, Vietnam, Mason, Studio 54, so-called femminists etc.) provokes and his misbehaviour.

WE will not feel so uncomfortable now if we reflect on Mr.Polanski'case in its historical determination.

[S Naille]

There were a number of legal manoeuvers, that got Roman Polanski into this mess in the first place and the legal manoevers occured through Judge Rittenband at Santa Monica Courthouse. This should result in the case being dropped entirely, hopefully as soon as possible, or in a sentence of no prison time.

The Swiss Officials and American Courts should view the documentary Polanski: Wanted and Desired which shows that Polanski was being treated differently in this case - on account of not being an American Citizen.



After Roman Polanski had already served “42” days in prison - the movie explains succinctly why he flew away from Injustice in Los Angeles, a theme Polanski is being forced to revisit decades after making "China Town".




In the movie Judge Laurence J. Rittenband is shown talking about deportation for Polanski, which was not part of the Judge’s jurisdiction.



In addition there was more pressure and coercion from this Judge 32 years ago, because if Polanski did not agree to the Judge's illegal new condition of deportation then the Judge would reneged on the prior agreement with Polanski, & would order an unspecified but longer prison term.



But Roman Polanski already had “served” 42 unappealable days in prison. 



The Documentary Polanski Wanted and Desired also shows that Judge Rittenband conducted phony hearings which were specifically staged for the press. Polanski's attorney Douglas Dalton and Polanski's prosecutor Roger Gunson confirm this to be true.



Also Judge Laurence J. Rittenband wanted a longer prison term for Polanski NOT because of the original crime that he was accused of - but because Roman Polanski was photographed at the Oktober Fest in Germany sitting next to girls.

But sitting next to German girls is not a crime in Los Angeles and should not be used so that Santa Monica Judge Rittenband could enhance Roman Polanski's sentence.



After all it was Judge Rittenband that permitted Roman Polanski to leave the country in the first place to make a movie, so Polanski was never treated like everyone else, and then the Judge resented Polanski sitting next to girls in Germany's Oktober Fest after he had allowed him to leave the country.




How far and for how long should the Santa Monica Judicial system be able to reach to penalize Polanski for sitting next to German girls at the Oktober Fest 32 years ago - when sitting next to girls is not even a crime?



And if it is a crime in Santa Monica Judge Rittenband’s view - then Polanski should have been warned before the Judge allowed Polanski to film to Europe, or the Judge should have not permitted Polanski to make a movie before his sentencing, because by letting Polanski leave to film in Europe in this way a trap was set.




Judge Rittenband, (an elected California Official) in the end - was only concerned with how he would appear to the press and the California public. Judge Rittenband had a balancing act to perform and so he judged Roman Polanski to have committed a crime in Germany by sitting next to girls so he could enhance his original sentence of 90 days - 42 days of which he had already served.



It is obvious that the Santa Monica Courthouse Judicial system is unable to deal with sexual crimes fairly, & is unjust & broken.



The Santa Monica Courthouse is filled with corruption and discrimination in sex cases, regardless of whether you are famous or not, regardless of whether you are accused of consensual sex with an underage girl, or whether you are have been victimized by sexual assault, and sexual discrimination that culminates in assault and battery in a courtroom in Santa Monica Courthouse.



In a true sense Roman Polanski is being discriminated against for not being American, because if he was Californian and worked for the State then the State would have been more inclined to cover up any claim of sexual assault, through perjury and false witnesses, insinuating racial discrimination to cover up sexual discrimination, and more staged hearings with the government paying for his lawyers.



In addition Polanski there is an underlying discrimination against Polanski because of his fame, because of his movies and,because of what the California Manson Family did to Roman Polanski’s American family

and finally the LA authorites feel slighted because Polanksi had the gall to fly away from LA when the Judge illegally coerced Polanski to agree to deportation or be punished more, and Polanski did comply with the punishment somewhat by deporting himself and flying away from the Injustice he was facing in Los Angeles

[David]

Only two years? If he only gets 2 years in prison for what he did -- that would be a crime. Beyond the prison time this scum bag gets for the actual child rape, he get another 10 years in prison tacked on for being a fugitive fleeing prosecution and sentencing.

[Dan Zogaib]

Mr. Samuel Lipsitz seems to think that paying the victim off is all that is necessary and that pursuing Polanski is a waste of taxpayer money. I guess it would be OK for somebody to rape his daughter as long as they left some cash on the pillow after! In case he is not aware, it is the People of the State of California who are prosecuting Polanski, not the victim. She has no say in whether or not he is prosecuted. As for Polanski, he should be sent to one of our great prisons where he will either have to be locked down 23 hours a day in protective custody or he will be a victim of the same crimes he perpetrated against his victim. In our prison system, child molesters are despised and usually end up being raped and brutalized by the other inmates!

[Alison]

Samuel Lipsitz: A New York State senator beat up his girlfriend, shoved her, and cut her with a glass. The girlfriend ( like many victims of domestic violence) didn't want to see him get convicted and only reluctantly testified at his criminal trial.

I suspect the victim of Roman Polanski doesn't want the painful memories to overwhelm her again. They will if he is convicted.

Mr. Lipsitz: How would you like it if a 43 year old man drugged and raped your thirteen daughter?

[Robert]

My first comment must have been too draconian for the editor or too harsh on poor Roman. Why not let him off? Gee he only raped a child. Maybe the LA Times or this editor supports such behavior or at the very least deems forgivable. After all the victim got paid huh? Typical LA Times!

[Janet]

Everyone is focusing on the alleged crime, printing all the alleged intimate details from 30 yeara ago, against the victim's will, another form of rape on the victim because the reprinting of the intimate details is against her will.

Polanski who is not American is being used as a scapegoat for all sins of America as if he is was the only person in America who might do such a thing.

To start this after 32 years lapse seem particularly insane.

In addition everyone is in denial that there was any JUDICIAL MISCONDUCT TOWARDS ROMAN POLANSKI WHICH IS THE ROOT CAUSE OF THE CURRENT PROBLEM.

In Case the Californian/Austrian Governor Arnold is not aware - Polanski was never treated like everyone else in Santa Monica Courthouse in the 1970's instead he was discriminated against because he was not American and because of his fame.

The judge was illegally threatening Polanski, that he must agree to deportation or he would have to face a longer sentence.

If Polanski had been an American he would not have had to face this cruel unusual and illegal coercive punishment, and if he had been American he would not have had a legitimate need to fly the coup in the face of Injustice.

Judicial Sin & Spin.

[Snick]

This is a much larger issue than what the victim wants. This is about justice for all rape victims, and public acknowledgement that one cannot get away with rape. Period.

[California anon]

California should have to pay Polanski $500 million.

That might help prevent another ridiculous episode of COMPOUNDING gross judicial malfeasance in the future.

The governor should, of course, pardon Polanski (if an application is made "like anybody else" would have to submit).

[Bill McGowan]

Don't you people have anything better to do, than rehash a trial that ended so many years ago, and appears to have been nothing more than just another celebrity witch hunt. What purpose and possible good can be accomplished
from retrying this case, except to elevate a few aggressive prosecutors to star status, with lot's of media attention and book deals.

[Janet]

Santa Monica Courthouse Judge Laurence J. Rittenband’s abuse of power towards Roman Polanski 32 years ago, is the root cause of the current problems.

But the Los Angeles DA starting up this case again against Polanski, after a 32 years lapse, is evidence of a retaliation - since Polanski’s California lawyers filed appeal papers in the California Appellate Court requesting that Appeal Court drop the case against Polanski to include that the Los Angeles had not attempted to arrest or extradite Polanski in 30 years, and these Court papers were filed prior to Polanski’s arrest.

In requesting Polanski’s extradition after 32 years – the Los Angeles DA is emulating Roman Polanski’s China Town in waiting until the man is 76 years old before choking him.

The Los Angeles DA has forgotten the reason the plea bargain arrangement was struck 32 years ago by the victim’s lawyer, the prosecutor and Polanski’s lawyer, was to avoid a trial and avoid further humiliation of the victim through media coverage.

Roman Polanski ,who is not American, is being used as a scapegoat for all of America's sins as if he is was the only person in America who allegedly acted on his attraction to a pretty girl who was just too young.

In addition Judge Rittenband, god bless his cotton socks, is guility of metaphorically raping and discriminating against Roman Polanski by wielding his illegal leverage over Polanski, which the Judge could do by virtue of the fact that Polanski was not an American Citizen - if Polanski did not give up his legal rights to fight deportation as per the Judge’s request - Polanski would have faced an uncertain & longer prison term from this Judge.

This was how Judge Rittenband could rape Roman Polanski, and put Polalnski between a rock and a hard place– by using illegal leverage to vaporize Polanski's legal rights and choice to dispute deportation.

It is not right – even if Polanski was facing a sentence for statutory rape – for the Judge to rape Polanski in turn, an Eye for an Eye or in this case a Rape for a Rape, by taking away Polanski's right to dispute deportation by threatening him with a longer prison term.

Bottom Line - Two Rapes don’t make a Right-

And Santa Monica Courthouse Judicial Sin and Spin

[madkatz]

What good are Polanski's high price lawyers?

He is going to sit extra time in prison while his attorneys go through their worthless motions. He will be extradited; that is a certainty.

He should just give up and face the music and serve less time in the long run.

[Bob in Santa Monica]

When will we hear if he's going to be prosecuted for fleeing the country and evading justice for 30 years? If he withdraws his guilty plea, can we have a trial on all counts?

[Boraxo]

I really hope that Roman revokes his prior plea though I can't imagine his lawyers would be that stupid.

But if he does the prosecutors can re-file the forcible rape charges which carry a potential life sentence. And this time there will be no back room celebrity deal.