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Victim in Roman Polanski rape case expected to take new legal step on his behalf

Polanski In the 33 years since she accused Roman Polanski of rape, Samantha Geimer has publicly forgiven the acclaimed director, accused the American justice system of mistreating him and urged a dismissal of his still pending criminal case.

On Friday, Geimer is expected to take yet another step on Polanski’s behalf – asking that a Los Angeles court force U.S. authorities to abandon their ongoing attempt to extradite the filmmaker from Switzerland.

In papers served on Polanski’s lawyers Wednesday and expected to be filed in Superior Court this morning, Geimer’s lawyer contends that the L.A. County district attorney’s office violated the state's victims rights statute by not consulting with her prior to making the extradition request.

Now a married mother living in Hawaii, Geimer was 13 when she told authorities Polanski raped and sodomized her during a photo shoot at Jack Nicholson’s house.

Geimer's attorney, Lawrence Silver, wrote that at a Friday hearing he planned to cite Marsy’s Law – a 2008 statute passed by ballot initiative – that specifically guarantees crime victims a number of rights, including the right “to reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding ... the determination whether to extradite the defendant.”

The attorney wrote that in a July letter to the deputy district attorney handling the case, he made clear that Geimer wanted to meet with prosecutors and planned to “exercise every right that she may have under the Victim’s Bill of Rights.”

No one from the district attorney’s office contacted Geimer – whose pro-Polanski feelings were widely known – at that time or in September when the director was arrested in Zurich on a three-decades-old arrest warrant, according to the papers.

Prosecutors later submitted a formal extradition request to Swiss authorities, and the director is being held under house arrest pending a decision by the courts there.

“The failure to give notice to and to confer prior to a determination to extradite the defendant ... is a violation to the California Constitution,” Silver wrote.

A spokeswoman for the district attorney’s office said Wednesday that the office had not yet received Geimer’s filing and could not comment.

Geimer began advocating for Polanski after reaching a settlement to her civil suit against him for sexual assault and other claims. Under the terms of the confidential 1993 agreement, he agreed to pay her at least $500,000.

Judge Peter Espinoza, the supervising judge of the Superior Court’s criminal division, will hear arguments at Friday’s proceeding concerning Polanski’s request to be sentenced in absentia. A state appellate court proposed such a sentencing last month as a way to air the filmmaker’s claims of judicial and prosecutorial misconduct in the original handling of the case without requiring Polanski to return to the U.S.

Prosecutors have opposed the measure, saying it amounts to letting a fugitive dictate court proceedings. In her papers, Geimer said she favored sentencing in absentia.

It was the desire of Geimer’s parents to spare her the ordeal of testifying at a public trial that led to a plea deal regarded then and now as exceptionally favorable to Polanski. He agreed to plead guilty to a single count of unlawful sexual intercourse with a minor – a statutory rape charge – and prosecutors said they would drop rape, sodomy, oral copulation and other counts at sentencing.

That proceeding did not happen because Polanski fled to Europe. His lawyers contend he left because the trial judge reneged on an agreement to count the 42 days the director had spent in prison for diagnostic testing as his entire sentence

-- Harriet Ryan

Photo: Movie director Roman Polanski. Credit: Los Angeles Times archives

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Comments () | Archives (22)

Wonder who's paying for this woman's lawyer??????

Why doesn't this woman let the courts do their job? You were raped by a 40 year old man that thinks he did nothing wrong. This could have been over a long time ago if he had stood up like a man and taken his punishment. It is not ok for a 40 yr old to have sex with a 13yr old no matter what your position is, no matter how much money you have. I hope this woman does not have daughters, because the message she is sending that it's ok. I know she is the victim, but she sure does not act like one. I wonder what her pay off will be....

She's one strange gal, and/or the weirdo director paid her off big time eons ago.

Just because a victim of a heinous crime against a minor does not want to criminal to be prosecuted any longer does not mean anything in the court of law. Mr. Polansky admitted guilt and fled the country and for years enjoyed the life as a rich and famous star. Let us not forget this criminal drugged, raped and sodomized a 13 year old girl. He should pay for his crimes by sitting in jail with the rest of the sexual predators and criminals.

This seems like a pretty blatant attempt on the part of LA County District Attorney Steve Cooley to get press for himself in his bid to run for state Attorney General.

For the past two years, the LA Times has reported on the all the needless death, and sexual and physical abuse suffered by hundreds of Los Angeles County foster youths as a direct result of failures of County agencies and officials. The District Attorney's Office can't spend a few thousand dollars to staff multi-jurisdictional collaborative agencies and work across agencies to help prevent such abuses, but can spend MILLIONS chasing down an aging old pervert halfway across the world that slipped a teenager a roofie 33 years ago.

That teenager lived to see old age. Oh but were Steve Cooley's priorities such that the poor and minority children of Los Angeles County could be afforded the same opportunities as this now middle-aged "victim"! What a day for the County that would be!

"Geimer began advocating for Polanski after reaching a settlement to her civil suit against him for sexual assault and other claims."

it doesnt take a weatherman...

I'm guessing she has to take all these steps as part of that settlement. I can't imagine her heart is actually in assisting this creep.

Nana, isn't that a strange comment? "She's not acting like a victim! Shame on her for not acting like a victim." Hmm. Should we applaud "acting like a victim"? Who gets to decide how a victim should "act"? You -- or them?
As for John's comment, apparently California law does give her a say in this situation.

Cooley doesn't care about the victim, just his grandstanding to run for Republican Attorney General of California by trying to "look tough."

As this article notes he VIOLATED the state's Bill of Victim's Rights by not even telling Geimer of his plans to extradite Polanski as required by law - he wanted to do it in secret so that she did not have a chance to exercise her legal right to object, since "it was widely known" she would.

OR was he IGNORANT of the law? In which case he's also unqualified to become Attorney General. He's heartless, as shown in many cases like with Deborah Peagler and Paul Lisker, recently released ONLY after pro bono defense lawyers spend over $million dollars worth on helping those two go free because Cooley's office didn't want to admit wrong-doing in admitting they should have been released long ago. What kind of human being, let alone lawyer and DA entrusted with protecting the powerless, does this?

He's also been grandstanding on the medical marijuana issue, inviting class action lawsuits as he claims ALL sales of pot for profit or not are illegal, that the only "allowed" interpretation of "compassionate use" is to make sick patients physically go grow their own pot at a collective and grow it. No money is allowed to be earned even to pay rent or electricity, nor for employees, nada. Wampum, maybe? He twists the law to suit himself and his rightwing party followers.

Polanski DID behave despicably but he's not a danger now, hasn't been ever, while Cooley should be going after criminals on our streets now and testing DNA rape kits to catch them instead of letting them backlog. BUT those aren't "glamourous" high profile cases for him like Polanski and pot.

Republicans have a better choice: the head of Chapman College School of Law, Eastman, a constitutional scholar and decent human being. Or one of the Democrats.

Polanski carefully planned the rape of a thirteen year old child first gaining the trust of the little girl's mother. Then, when the coast was clear he plied the child with wine. He then gave the girl a Quaalude on top of the wine which could have easily killed her. Quaaludes were taken off the market in 1981 because they where so dangerous. It was the date rape drug of the century. So as the drug rendered the child completely defenseless he made his move- sodomizing the child among other things. This crime was carefully planned and expertly executed . When cornered, Polanski admitted the crime knowing full well that with his money he could run long and far. He has literally spit in the faces of decent people everywhere. The time has come for this disgusting charade to be brought to an end. The Swiss government needs to honor its treaties with the United States and remand this wanted criminal over to the custody of U.S. authorities immediately.

The L.A. court is a goofy place, what other court would chase after this case? If they were competent this would have been settled 30 years ago quietly. None of this serves the people of L.A. what service is being provided? Now it looks like the court is violating laws in California, Switzerland and with the Federal Government.

What this means is if you can pay off the victim, and flee to your chalet in Gstaad, then you are above the law. The victim was paid off, so what she says is irrelevant. Polanski would have done his time and been out years ago, if he had not fled. She blames the courts for dragging it on, but she needs to blame Polanski.

i don't care what kind of sick codependency/stockholm syndrome this geimer woman seems to have. people who drug and rape children don't get a free pass because they've managed to avoid the police. put this piece of scum eurotrash in jail and let him experience rape for himself.

"Tough on crime" types are hilarious. "Victim's rights" and "closure for the victim" are of paramount importance until there's a victim who says, "Can we please just move on." Then, it doesn't matter what the victim wants - the courts and the D.A. can do no wrong.

In general, I support the idea that Polanski should pay for what he did, but the principles behind your reasoning keep shifting, they're not really principles.

The volumes of chatter generated from this case have led to intellectual nausea and sensory burn-out.


Bombastic outrage has become a blunt instrument to club critical inquiry to the point of unconsciousness.


At this point, more "commentary shouting matches" will only serve to drown out rational curiousity.


Freedom of thought regarding this case should be reported as the
the victim of a kidnapping.


Have we, the public, become witnesses standing by as the real BIG STORY is bundled in a blanket, stuffed in an old steamer chest, dragged down to the basement and locked up in a lightless and airless mop closet.

The Polanski case is like a wildly popular artificial sweetener that makes the morning's cup of coffee drinkable without the cost of added calories, then is banned by the F.D.A.

Would you like some Polanski case with your coffee and donut
today?

"Of course" has become "No, thank you".

Now all the little packets remain on the condiment tray - shuffled , unopened.

From the break rooms to the water coolers to the nail parlors across the county, the Polanski case no longer stimulates as it falls off the charts.

Which is rather unfortunate, because it is a species
uniquely evolved to the micro-climate of our region.

Like a rodent whose features we have all become familiar with and no longer notice as it scurries over the
POWER LINES.

Maybe we can discover a new way to use it,
a new way to prepare it.

So that the Polanski case could once again


engage us,


outrage us,


and motivate us


to pick up the morning newspaper


and question


the entire


order of things


right here


in Chinatown.


For someone who wants to forget and move on with her life she sure spends a lot of time in the media. You wanna forget a move on?? STOP FILING COURT PAPERS AND TALKING TO THE PRESS!!!

-- ew, ouch. Harsh.


http://latimesblogs.latimes.com/showtracker/2008/06/dateline-nbc-we.html

Read those comments. Hyporicy much? Where are all these hateful latimes commenters when it comes to Polanski? Where are all those horror stories they posted and that anger they threw at those guys from those stings? Its easy to slander or go after nobodies not even having due process and saying its good they were forced to die isnt it?

amnd that guy didnt even try meeting a "13 yr old" boy just talked to one sexually, yet he basically got the death sentence from the same media now defending Polanski? read this:
http://www.innocencelegalteam.com/internet-stings.php

I wonder what this victim thinks of chris hansen and all those stings and her current country where regular cops use even fabrication of evidence and lies and continue their own stings on young men in their 20s trying to meet under age girls or hoping to not necessairly even for sex. What is her opinion on that?

read this and the comments and what society thinks of consentual sex talk or anything sexual to 13 yr olds is:
http://latimesblogs.latimes.com/showtracker/2008/06/nbc-resolves-la.html

"Polanski DID behave despicably but he's not a danger now, hasn't been ever, while Cooley should be going after criminals on our streets now and testing DNA rape kits to catch them instead of letting them backlog. BUT those aren't "glamourous" high profile cases for him like Polanski and pot.

Republicans have a better choice: the head of Chapman College School of Law, Eastman, a constitutional scholar and decent human being. Or one of the Democrats."

like thos elonely guys in their 20s many of those police stings go after right? Or how bout the many young men going in and out of jail and the system for having families that dont care about them or rely on public defenders? Yea go after those real criminals AMerykkka. Leave poor Polanski alone, we have all these attempted online predators in their 20s to go after!!! with huge nbc dateline ratings as well to go with it. Unless youveever stepped in a court you dong get how these people are treated and how little evidence is needed to convict most of these "despensable" young men.

Either charge him 30 years ago .Or Denie entry to mr. polanski ,Deny him entry to see all of his familie and it is known what he did he confesssed thus (Persona Non Grante).Let him live with that.


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