Roman Polanski ruling could have ramifications beyond Switzerland

The Swiss government’s decision not to extradite Roman Polanski to Los Angeles means the famed director can now travel freely in Switzerland as well as France, where he has citizenship protections, and Poland and other countries that don't have extradition agreements with U.S.

But some legal experts said the Swiss justice ministry’s legal rationale for rejecting the extradition request could make other countries -- even those with extradition treaties -- think twice before arresting Polanski.

The Swiss government cited problems in the way Polanski’s case was handled in 1977 when he pleaded guilty to having sex with a 13-year-old girl.  The Swiss argue that Polanski served 42 days -- and that it’s unclear whether that fulfilled his full sentence. Polanski fled the U.S. after the judge in case demanded that the director spend more time in prison.

Experts say the Swiss raise a number of issues about how Polanski was treated three decades ago by the U.S. justice system, and those issues could easily be cited if U.S. authorities ask another country to arrest and extradite Polanski.

"Switzerland apparently decided, 'We will not extradite someone back into this legal morass,' " said Robert Weisberg, a Stanford law professor. Because of all the legal issues, he described the extradition fight as "hopeless from the start."

Loyola Law School professor Stan Goldman agreed, saying U.S. authorities need to address those questions if they are serious about going forward with additional extradition efforts.

“What the Swiss government was saying was wait a minute, this strikes to the heart of the issue: Is he going to be sentenced to more time?” Goldman said.

Polanski’s attorneys have cited alleged backroom deals between Judge Laurence Rittenband and the prosecutors and defense attorneys in the case. Those meeting were the subject of an HBO documentary, leading Polanski to claim that Rittenband acted inappropriately.

On Tuesday, Polanski's attorneys asked for a third-party investigation getting to the bottom of what happened during those meetings.

-- Richard Winton

Comments

[Jackie]

The LA Prosecutor proved he was a liar and was looking to use Roman for personal reasons that had nothing to do with the crime. We also learned the 13 year old was told what to say by the cops, Judge was fixing the case and the prosecutor at the time lied under oath. Who would trust the California Legal System again. The World has watched the US Attorney General Al Gonzales lie 56 times under oath and nothing was done. Many of Bush's appointees were high on drugs during the hearings. Arnie is an open liar and Meg is a crook. It will take many years before any country can trust the US Legal System again.

[Rocco]

A thorough investigation is in order. Something's fishy in Cooleyville.

[George Not Bush]

According to the victim, there was a deal that she and everybody involved signed up to which involved sending Polanski for 90 days to a psychiatric facility that released him early because it saw no point in keeping him longer. So one can argue that he still owed 48 days; however more than that was served in a Swiss jail and presto, the lawyers can argue that the entire sentence has been served.

Plus the extradition treaty with Switzerland only applies to sentences of greater than two years. Really, any lawyer with a pulse could make a strong argument with these two items.

The original deal was a cushy sentence to spare the victim from further exposure to the media and appearing on the stand which she was NOT going to do.

Cooley's been looking for a do over and seemingly could care less how that affects the victim's life because the only thing that really seems to count is his campaign for AG.

The justice system lives on plea bargains; so, if you don't want to jam up the courts even more than they already are, when you make a deal you stick to it.

Yep, some creeps get a much better deal than they deserve, but there's no money for the full trials and certainly not enough to keep them in jail for the time they deserve.

[Silverine]

The Swiss Decision is excellent. Bravo for standing up to the bully, because a double standard exists in how sexual assault cases are decided at the County of Los Angeles Santa Monica Courthouse, California.

Which means California Justice with their judges and prosecutors and sheriff deputies are a bunch of hypocrites, self serving, for promotions, and power hungry only. Justice is the word that covers up these darker underlying currents.

Roman Polanski was not treated straightforwardly by the Judge at the County of Los Angeles Santa Monica Courthouse, California in 1977, which is why this case has lingered on for 33 years.

Roman Polanski wanted to make good in 1977 since he would not have returned to America, and served time at Chino California, if this were untrue.

A double standard is in operation at the Santa Monica Courthouse, which double standard hinges on whether the perpetrator works for California Government and its subdivisions.

If that criteria is met then the Santa Monica Court and other County of Los Angeles employees will act in concert in the local Government’s favor to cover up their employees’ on the job sexual molestation crimes.

But if the perpetrator or victim are not working for the California state and its subdivisions, and were born in another country, then the Santa Monica Court and other employees will act in concert against them, a conspiracy to deprive of civil rights, using any means and foul means, having no conscience at all.

In addition as Polanski admitted to a crime by plea bargain, the Santa Monica Judge should have honored it.

When the Santa Monica Judge wanted to force Polanski into deportation, using illegal coercion in the sentencing, the Judge broke the plea bargain agreement, and abused his official power, and used bait and switch justice, which betrayed the righteous legal process, destroyed Roman Polanski’s trust in it, and caused Roman Polanski to flee.

California Officials are not policing their own California institutional sexual offenders who work for the State and its subdivisions, but instead will act to cover up, and physically harm and re-victimize the victim instead.

America is not policing its own Judges, Prosecutors or Police who are acting in corrupt ways in a corrupt system that is slanted against the little person, rich or poor.

In view of the double standard it was up to the Swiss in a different country, to administer justice for Roman Polanski and Samantha Geimer, to free Roman Polanski, a Polish & French artist, in view of the judicial, prosecutorial misconduct and the double standard that is firmly entrenched in California Justice.

Swiss Justice Minister Eveline Widmer-Schlumpf justified Switzerland's decision by invoking the “public order” — a Swiss law meaning that governments should ensure their citizens are safe from arbitrary abuse of the law.

The Swiss "public order" law is sorely missing in California and U.S. Federal law.

A major overhaul is needed, but until that time, injustice will continue to prevail in America.

[Cole Smithey]

So where do you stand on Michael Jackson?

[lola]

So what are they saying then, that in Switzerland one can rape a minor and get less than 42 days? Amazing country.

[keith]

Polanski ranks right up there with the priests who took advantage of kids. Goes to show cash rules justice.

[inland empire dude]

Truly amazing. It has always been clear that one cannot contest their conviction or sentence while they are a fugitive from those charges. To raise the legal issues they must first surrender to the authorities in order to participate in the appeal process. Polanski is really skating on this thing. Remember this is a guy who admitted to drugging and raping a 13 year old girl, and plead guilty to same. If you got money you can get away with just about anything!!!

MM

PS: note the bias the author of this "article" exhibits as he uses the term "having sex with a 13 year old girl.", as opposed to saying that he RAPED a 13 year old girl. A 13 year old girl can not give consent to sex so by its nature it has to be rape, yet the author can't bring himself to apply that label to Polanski.

[GoBears58]

what a sham! these law professors were probably bribed as well to cover for this disgusting child rapist. If he has a legal argument to fight these charges than surely he should face them in the US with the counsel of the distinguished team of Goldman and Weisberg...

[sophie]

The Swiss rationale doesn't make sense at this time. To me, it seems there was considerable support of Polanski among political, government and other elites in Europe, especially in Switzerland and France, and therefore a strong incentive and desire not to extradite. They seemed to have played a 'waiting game' and finally released him on quite a flimsy pretext and technicality. There is nothing extraordinary or new in their stated rationale for releasing, and refusing to extradite him.

"The Swiss argue that Polanski served 42 days -- and that it’s unclear whether that fulfilled his full sentence." I'm bewildered that they are presuming that he has fulfilled his sentence for his convictions. Or that the U.S. courts would necessarily sentence him to further prison time, should Polanksi ever decide to do the upstanding thing, and ever bring closure to this. What a low human being he is. I find him and his "art" distasteful, and quite repugnant, really. He may well deserve no further jail time. But that he employs such cowardly tactics, and that he has the slavish Swiss government to do his bidding is quite disgusting.

[Marcie Twane]

Seems like it has finally been gotten right:

"Experts say the Swiss raise a number of issues about how Polanski was treated three decades ago by the U.S. justice system, and those issues could easily be cited if U.S. authorities ask another country to arrest and extradite Polanski.

"Switzerland apparently decided, 'We will not extradite someone back into this legal morass,' " said Robert Weisberg, a Stanford law professor. Because of all the legal issues, he described the extradition fight as "hopeless from the start."

Loyola Law School professor Stan Goldman agreed, saying U.S. authorities need to address those questions if they are serious about going forward with additional extradition efforts.

“What the Swiss government was saying was wait a minute, this strikes to the heart of the issue: Is he going to be sentenced to more time?” Goldman said. "

What Polanski did was wrong, but he was already punished for it and what the justice system in this country did was much worse. An agreement is an agreement. Period. Cooley and Trutanich are supreme idiots.

[Rory Conaway]

So basically Switzerland and France condone child rape. That's par for the course for these countries. What's worse however, is that Hollywood supports him. Liberals will okay any type of behavior which is illegal and immoral as long as it's one of their own. They don't believe rules apply to them. What's worse is that the hate the Catholic Church and any religion which is really funny. Liberals, Hollywood, France, Switzerland, and now the Catholic Church are all supportive of child molestation. I think instead of boycotting Arizona, families should boycott California because we don't want our childred molested while we are there. All familes should boycott Disney, Knotts, Magic Mountain, and every place that crazy liberals an rape our children and it's okay. There is no way this gets published but my point is made how stupid and hypocritical these child molester supporters are.

[Thaker Berowitz LLC]

This definitely raises some questions regarding deportation policies...One has to wonder, would the US spend as much time and resources on anyone else, or are they just trying to make an example of Polanski? This entire case has been a mess.

[Skippy]

The Swiss think they can thumb their nose at justice but hopefully they will be shown the error of their ways.

We need to take inspiration from Israel and snatch this scumbag at the first opportunity and drag him back here kicking and screaming to face the justice he has managed to evade for over 30 years.

This will send a clear message: you can run, but you can't hide. Also enforcement of US justice will not be trifled with.

The Swiss should just pray to whatever God they beleive in that we do not "accidently" target one of their embassys with a missle strike. I believe China got that message several years ago.

[Mark Durham]

Your moderator seems to have chosen not to allow my comment to appear ... perhaps because it pointed out errors in your recounting of the Polanski case, perhaps not. However, on the hypothesis that the cause was a technical glitch, I'll submit it again:

I'll refrain from commenting on this decision except to say that it's not surprising, coming from a country that has always valued money over morality. (One irony among many here is Switzerland's role in protecting those who robbed the Jews sent to the Nazi death camps. But I digress...)

However, there is an important error in the account above. You say: "Polanski fled the U.S. after the judge in case demanded that the director spend more time in prison." Actually, his sentencing hearing had not yet taken place when Polanski fled the United States. Under applicable law, the plea deal Polanski made with prosecutors was not binding on the sentencing judge. Polanski's flight stemmed from his fear (based on rumors circulating at the time) that the judge would not adhere to that agreement. There is no way to know what Polanski's sentence actually would have been. Thus, it's NECESSARILY "unclear whether that fulfilled his full sentence," since that full sentence was never handed down.

Your account of the "backroom deals" question takes the arguments of Polanski's lawyers at face value. At best, that gives them too much credit.

As for Polanski himself: brilliant or not, he's a child rapist who drugged his victim, then fled rather than face the consequences of his actions. If you don't believe me, read the transcript of the grand jury testimony in the case, and read the interviews Polanski gave in the wake of the trial. This is a complex case, but its impact on our thinking about adult sexual abuse of children has been significant, and its outcome matters. Here, as elsewhere, a more careful account of the facts in the case would have been helpful.

[Jenni]

"Experts say the Swiss raise a number of issues about how Polanski was treated three decades ago by the U.S. justice system, and those issues could easily be cited if U.S. authorities ask another country to arrest and extradite Polanski."

What about the way the victim was treated by Polanksi? Oh right, wrong question. A 13 year old girl's rights and dignity are as inconsequential to the Swiss as they are to every government on the planet.

Now we can get back to the appropriate focus: what Polanski has suffered since raping the kid. Oscars, audulation, protection, work, prestige, wealth and house arrest, OMG. How has he been able to endure?