Roman Polanski asks California appeals court to dismiss child sex case

An attorney for Roman Polanski urged a California appeals court panel today to throw out the filmmaker’s 1977 child sex case, citing what he called an “astonishing record of misconduct” by the district attorney’s office and the judge who originally oversaw the case.

Chad S. Hummel argued that Judge Laurence J. Rittenband improperly discussed how to punish Polanski with a prosecutor not handling the matter, and threatened to lock up the director for a longer period if his attorney challenged his decision to return Polanski to prison.

“It sends chills up your spine what this judge was doing,” Hummel told the three appellate court justices in downtown Los Angeles.

The director’s lawyers took his case to the appeals court after a Los Angeles judge declined to address similar arguments earlier this year, ruling that Polanski would need to return to the U.S. before any such decision could be made. 

The Academy Award-winning director has been under house arrest at his chalet in Switzerland for a week since his release on bail by Swiss authorities. He was arrested in Zurich in September on an international fugitive warrant.

During today’s hearing, the justices suggested that Polanski might be 32 years too late in his request to dismiss the case and that he could have had his lawyer raise such concerns at the time rather than flee the country.

The appeals court is not expected to decide whether the case should be dismissed, which would bring an abrupt end to the three-decades-old legal saga that has sharply divided public opinion on both sides of the Atlantic. Instead, the justices are weighing whether a trial judge can consider Polanski's request to dismiss the case and evaluate evidence of misconduct without the filmmaker first returning to California.

The district attorney’s office argued that a long-established legal doctrine means that the director cannot ask for any favors from California courts unless he returns from his self-imposed exile.

“Do we want to send the message to not only this defendant but all other defendants that flight is an option?” asked Deputy Dist. Atty. Phyllis C. Asayama.

The charges date back to a 13-year-old girl’s accusations that the acclaimed director, then 43, raped and sodomized her during a photo shoot. Polanski pleaded guilty to a single count of statutory rape after the girl’s parents urged prosecutors to settle the case to spare her the ordeal of a trial.

He spent 42 days in prison but fled after his attorney told him that Rittenband planned to give him an additional 48 days behind bars at his formal sentencing. An attorney for the victim spoke at today’s hearing in support of Polanski.

-- Jack Leonard at state appeals court in downtown L.A. 

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Comments

[MSS]

Wouldn't the interests of society be better served by devoting the very scarce resources available for law enforcement and courts to going after gangbangers who present immediate dangers to kids RIGHT NOW rather than going after an old man who did something admittedly highly wrong and justifiably illegal years ago but who has not reoffended, no longer presents a danger to anyone, and who is clearly no threat?

[Jesse]

All you hot heads do not know anything about what truly happened when justice was being severed. That judge, was scary. Now I see how true it is: the courts, the law is not impartial. They are applied by humans. Big headed, bigoted, or whatever. Read the detailed history of this case. he might have been anti-Semitic, jealous.

Even the victim said, the judge was toying with Polanski and her. Disregard for the law, the plaintiff, the defendant.

[S Naille]

IN SANTA MONICA COURTHOUSE THERE IS A DOUBLE STANDARD AS TO WHO IS ACCUSED AND PROSECUTED FOR SEXUAL ASSAULT, AND WHO WILL BE PROTECTED BY THE JUDICIAL SYSTEM.

It might have something to do with with whether a person was born in America and is working for California. Roman Polanski's case is not the only case of Judicial Misconduct at Santa Monica Courthouse.

There is a justice sitting in the California appeal court right now - who is also guilty of judicial misconduct at Santa Monica Courthouse in a case involving police cover up of a sexual assault complaint.

THUS ROMAN POLANSKI'S CASE SHOULD BE DISMISSED ASAP BECAUSE OF THE JUDICIAL MISCONDUCT IN HIS CASE, AND ALSO BECAUSE OF THE DOUBLE STANDARD THAT WAS APPLIED AGAINST HIM AT SANTA MONICA COURTHOUSE.

[American Patriot]

Anglo Michael David Barrett is facing 5 years in prison for filming an adult female reporter through the peep hole of her hotel door.

Jew Polanski has to pay for his crime.

Bring Polanksi to the USA now and put the man behind bars where he belongs for drugging and raping a teenager girl.

Polanski did the far worse crime. It seems the justice system's biggest problem is with figuring out how to punish a Jewish rapist. It's turning out to be a mission impossible.

[John L. Mendez]

You hypocrites. How to judge a transgressor? Judge not, lest you be judged by the standards you apply. Why do you note the speck in our Polanski’s, or Neil Goldschmidt's eye, and take no notice of a speck in our own eyes? Remove the speck from your own eye before removing it from your brother’s. Jesus came to save sinners like Polanksi, Neil Goldschmidt, and, yes, the rest of us. Christ has a love for seeking and saving the lost, we should, too, (if Christ lives within us).

In Jesus' name, Amen.

[joe]

If you have enough money you can play the system on two different continents.

Obviously, there are many people think that drugging a child with narcotics so that they can then overcome any possible objections and then quietly rape and sodomize that child is ok. Personally, i am not one of those people.

However, if Roman wanted to flee and stay in France, more power to him. But, Roman should not expect that merely because he successfully fled jurisdiction before his final sentence, that the crime magically vanishes.

[Joanne]

I'm telling you, if it goes against him, even if he was told he would only get 30 days in lock up, he is going to be over the border to France. He will never see the US; he is going to be in France, and give us the finger. The Swiss know that, they are counting on that. There is one law for them, and another for everyone else.

[dlcdiver]

Jesse, Justice hasn't been served yet. He ran away like a child. He is not a man who has honor. There is no excuse for his behavior before or after the incident. He made his choices, he shouldn't be able to chose his consequences.

[Jim Steinman]

I'm an American-Swiss citizen. Mr. Polanski should be released. This case is too old, the truth of the circumstances 32 years ago will never be known. What Mr. Polanski did was wrong. But the judge's behavior at that time was wrong too. Today, Mr. Polanski is no threat. He is a decent family man. Justice doesn't mean revenge. The US have really other problems today.

[James Tucker]

I think its about time. I. just wish he was found guilty it the set up of the killing of his wife Sharon

[Gill Bates]

Quick what is the minimum LEGAL age, in the U.S., that a female can get married?

13, look it up.

It was even more common, in more states, back in the 1970's.

[Brian]

James Tucker's comment lingers..."I think its about time. I. just wish he was found guilty in the set up of the killing of his wife Sharon"

Boo Hoo to James Tucker's mentality - who thinks he has found a killer, but instead all he's doing is revictimizing the victimized by falsely calling them a murderer. Shame on you James and those like you.

[Rankin Gustyss]

I don't thin anyone who flees a court's jurisdiction for any reason must be brought back to Justice.

That is assuming that Justice is There, which is only an assumption. There may be a firing squad in the courtroom or undocumented police who will assault and batter , or inappropriate sentencing, or after sentencing - an unexpected prison death assisted by Injustice's inappropriate stigmatization!!!!!

No its no longer the stigmatization for being a Jew but now the new stigmatization has a new label, Pedophile.

This is just another label - to dehumanize a person and create a so called "JUST" reason to discriminate - in the name of "JUSTICE"

The Justice was Injustice in Roman Polanski's case. The Court of Appeals agreed there is injustice in Polanski's case. The California Superior Court agreed there was injustice in Polanski's case.

Also Roman Polanski should disregard California Injustice, a corrupt system with a double standard slanted to assist California's own bad boys at the tax payers expense.

Roman Polanski owe's America nothing, he made peace with Samantha and the whole thing should be buried forever and ever and ever AYE MEN!

[Robbie]

Justice Wonk thanks for your comment you said it all for me.
Hating Polanski would mean having contempt for American Law and Justice.

He ran, he ran, he ran like a scared coward; now he can run back here and show
how creative he is..

Whether he is dismissed or not, I support American Law and respect for a decent society that protects children, even fellons in prision agree for they have children to. For his family are the ones that pay the price in the end.

[Lidia Corbis]

The case against Roman Polanski should be dismissed immediately.
He made a BIG favour to Geimer. Now she is rich and famous.
I wish I met Roman Polanski when I was thirteen.

You can see her smiling face on the numerous pictures posted on the Internet.
She looks very happy and healthy.

Hey, blood thirsty moralists, it looks like you enjoy a pig hunt.
I can see all of you with trucker hat on your head, with X painted on your forehead
and big fork in your hand, ready for a pig hunt.

[Don]

Any court ruling other than to continue the extradition process of Roman Polanski would be a legal and moral setback to those who have suffered rape and domestic violence.

[Don]

Any court ruling other than to continue the extradition process of Roman Polanski would be a legal and moral setback to those who have suffered rape and domestic violence.

[Don]

Any court ruling other than to continue the extradition process of Roman Polanski would be a legal and moral setback to those who have suffered rape and domestic violence.

[Wendy Maronga]

The Court Ruling does not concern the extradition process, the decision will only discuss -whether a California Superior Court Judge can rule to dismiss the case or not because of gross Santa Monica Judicial and Prosecutorial Misconduct in Polanski's 1977/8 case, if Polanski does not physically attending the hearing,

Also I have been jolted by a double standard against sexual assault victims in Santa Monica and Los Angeles courts, where the Justices, Judges and Police aid and abet the perpetrators of sexual assault who work for Colleges of the State, by setting up the victim of sexual assault to be assaulted and battered in the same Santa Monica Courthouse when she reports police cover up of sexual asault.

As there are no legal or moral standards being used even handedly or without bias, and only rampant corruption at Santa Monica Courthouse by courthouse personnel,

the LA DA action to apprehend Roman Polanski, a non US Citizen, for sexual assault, is reprehensible, and completely hypocritical, and thus I do hope his & Samantha's & her lawyer, and his faithful American lawyers' heart wrenching & humiliating 32 year old ordeal will be over very soon.

[Victm's family]

You know sends "chills down my spine?"
Pedophile creeps like Polanski that think they can get away with raping children.

[Charles P]

MANY of you are MISTAKEN IN YOUR BELIEFS!
First off: Polanski's Lawyers are lieing, when they claim that the 42 days of psych exam were the sentence. BOTH Walter Cronkite of CBS News and HArry Reasoner, of ABC news reported on Sept. 19, 1977, that Polanski was to have a 90 day psych exam, and then return to court FOR FINAL SENTENCING! IT WAS KNOWN TO ALL that the exam was NOT THE SENTENCE!
Second: Polanski PUBLICLY ADMITTED TO MOVIE STUDIO EXECUTIVES that HE BRIBED the DOCTORS TO LET HIM OUT IN LESS THAT HALF THE 90 DAYS THE JUDGE WANTED for the psych exam. Polanski BRAGGED that HE WAS INTENTIONALLY TRYING TO MAKE THE JUDGE LOOK BAD AND TOO HARSH IN HIS DECISIONS!
Third: Polanski's victim is LIEING WHEN SHE ACCUSES the judge of being corrupt AND she is lieing when she accuses the current courts for NOT OBEYING HER WISHES! In 1977, THE JUDGE REDUCED THE CHARGES to only ONE CRIME BECAUSE GEIMER ASKED FOR AND WANTED THAT!! It was NOT the judges idea, NOR the prosecutions. Yet Geimer LIES and PRETENDS that she was not given the chance to be heard! GEIMER LIES AND CLAIMS THE JUDGE WAS MEAN TO HER AND POLANSKI. HOW??? BY letting Polanski have 90 days to get a movie "up and running" before his psych exam or his sentencing date! This makes JUDGE RITTENBAND A VERY NICE AND SYMPATHETIC JUDGE TO ME!
Third:Movie studio executives ASKED FOR JUDGE RITTENBAND, because he was FAMOUS FOR BENDING OVER BACKWARD TO CELEBRITIES!
fourth: Movie studio executives ASKED THE JUDGE TO BE VERY PUBLIC WITH THE ENTIRE CASE, so as to NOT LEAVE ANY QUESTIONS OF SPECIAL TREATMENT for celebrities!
Fifth: In 1969, I WITNESSED POLANSKI ARRANGE THE MURDERS THAT CHARLES MANSON COMMITTED! In 1977, I ASKED THE CBI to investigate, and POLANSKI INSISTED on speaking in front of LIVE NEWS CAMERAS. Polanski ADMITTED THAT HE ARRANGED TO HAVE MANSON KILL SHARON TATE, and the others.
Polanski then BRAGGED THAT HE PLANNED TO KILL MORE CELEBRITIES IN THE FUTURE! THIS IS THE REAL REASON POLANSKI RAN FROM THE USA! HE DID NOT fear Judge Rittenband putting him away for life, HE FEARED THAT I WOULD HAVE HIM LOCKED UP FOR BEING A MASS MURDERER!
Sixth: In 1977, THERE WAS A LARGE PARTY AT NICHOLSONS HOUSE, and HE WAS AT HOME! I know because I was a witness and I REPORTED (at least) THREE MEN MOLESTING girls at the party. THE DFACS WERE THREATENED BY SOME POLITICIAN TO COVER-UP the REAL CRIMES OF THAT DAY!
Polanski's crimes were supposed to be covered up too, BUT POLANSKI WANTED TO GO TO COURT AND BECOME HOLLYWOODS HERO FOR "LEGALIZING SEX WITH CHILDREN, in the USA"! So that ALL THE OTHERS IN HOLLYWOOD COULD OPENLY MOLEST WHOEVER THEY WANTED TO!!
(ASK SOME PRO basketball players- off the record- IF THEY KNOW ABOUT NICHOLSONS FAMOUS PARTIES, and IF KIDS ARE SAFE THERE!)