Roman Polanski Asks Court To Dismiss Child-Sex Charge

LOS ANGELES — Lawyers for Roman Polanski, a fugitive for 30 years in a notorious sex case involving a 13-year-old girl, filed a request Tuesday to dismiss the charge against him because of prosecutorial and judicial misconduct.

The motion alleges that a documentary about the filmmaker released this year revealed "a pattern of misconduct and improper communications" between the Los Angeles County district attorney's office and the judge in Polanski's case.

"This case serves as a classic example of how our justice system can be abused, and defendants' rights trampled, by an unholy alliance between courts and criminal prosecutors," said a statement from attorneys Chad Hummel and Brad Dalton. Dalton is the son of attorney Doug Dalton, who represented Polanski in the original case.

The Polish-born Polanski, 75, has been living in self-imposed exile in France since fleeing the United States in 1978 after pleading guilty to having sex with a 13-year-old girl in Los Angeles.

He was initially indicted on six felony counts and faced up to life in prison. Instead, he pleaded guilty to one count of unlawful sexual intercourse with a minor and five other counts were dismissed.

Polanski, who had already been incarcerated for a psychological diagnosis for 42 days, skipped sentencing that would have sent him back to prison, and fled to France. The judge issued a warrant for his arrest that is still in effect.

The maximum sentence was 50 years, although prosecutors had said at the time that the typical sentence was 16 months to three years in prison.

Sandi Gibbons, spokeswoman for District Attorney Steve Cooley, said her office had not been served with the motion and heard about it only through media reports. She said the office could not take a position until they see the legal papers.

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"We're looking forward to seeing Mr. Polanski in Los Angeles to litigate it," she said.

A hearing on the matter is scheduled for Jan. 21 in Los Angeles County Superior Court.

Polanski, the director of "Chinatown" and "Rosemary's Baby," has continued to direct films while in exile, including the 2002 Holocaust drama "The Pianist," for which he won the best-director Academy Award.

The woman with whom Polanski admitted having sex has said that she wants the charge dropped and that Polanski should be allowed to return to the United States.

The case was a sensation when it broke. Polanski, the widower of Manson family murder victim Sharon Tate, was arrested for having sex with the girl, whom he had hired as a model for a photo shoot. He was accused of giving her Quaaludes and champagne, taking her into a hot tub nude, and having sex with her.

The new effort to wipe out the charge comes after an HBO documentary, "Roman Polanski: Wanted and Desired," in which the man who prosecuted Polanski, retired Deputy District Attorney Roger Gunson, said that if he had been in Polanski's position, he also would have fled the country.

The documentary also portrayed the late Superior Court Judge Laurence J. Rittenband as a publicity hound who held news conferences and engaged in extrajudicial meetings about the case.

In a legal brief, the attorneys quoted heavily from the documentary, citing statements by former Deputy District Attorney David Wells in which he acknowledged advising the judge on how to sentence the film director, even though he was not assigned to the case.

The lawyers said that Wells' recommendation to send Polanski away for a diagnostic study was illegal without Polanski's lawyers present. They said Wells also inflamed the judge by showing him photos depicting Polanski with girls at an Oktoberfest party in Germany while he was awaiting sentencing. They said the photos were misrepresented.

"As the result of DDA Wells' illegal ... communications, Mr. Polanski has been subject to a punishment that has spanned the course of over 30 years," the motion stated, noting he has been deprived of opportunities to work on films outside France.

The lawyers said the now-43-year-old victim, who never wanted Polanski to go to prison, should have the final say. They said the law requires the courts to consider a victim's wishes.

The woman's "wishes have remained unchanged, and this court has the discretion to finally conclude this case without any further harm" to the victim or her family, the motion stated.

Comments

[TheAmazingAtheist]

Does being a gifted artist mean you should get away with raping a 13-year-old girl. I see a lot of people asking that question.

I think that the answer is yes. If you're enriching the world through art then I think you should get special consideration. I think that girl getting raped was well worth it if the trade-off is films like "The Pianist". Destroy (and let's be honest, her life was not anywhere near destroyed by this incident--she's now doing interviews and making money off of it) one life, enrich millions. Seems more than fair to me.

*braces self*

[harriettubman]

He has been allowed to win awards, accept them in Europe for fear of arrest in the U.S. He travels as he pleases yet is nothing but a molester! The churches are empty in Europe and the moral decay is showing.

As for the child he molested, what sane 43 yr old man even approaches a child for sex?

[chewbacca07]

The Ninth Gate sucked

[jalowe1957]

Dear Roman: Did the words "jailbait" and "statuatory rape" ever crossed your mind when you did the horizontal fox trot with that teenaged girl?

Why can't you stop weaseling out of what you've done and start taking responsibility for your actions?

[TrueJustice]

lots of actors, policemen, lawyers, judges, doctors do these things and worse everyday all the time and with infants!

[Swerinjer2]

Our society is WAY TOO HYSTERICAL about the sleeping with minors crime. Sure its a crime and it should be punished, but it shouldnt mean the destruction of a man's life. The humiliation, the fines, the harsh prison time, the social annhiliation. It all amounts to way more harsh punishment than the crime deserves.

Americans are reflexive knee-jerk witch-hunters. the mentality of 4th graders. and they're getting stupider every year.

[Mort]

As opposed to the destruction of a child's life? The humiliation, the emotional damage, the lost innocence, the loss of trust and self esteem, the long term scars, inability to love and even a propensity to harm others. That's ok as long as we're gentle enough with the pedophile? Don't want to hurt the poor criminal!

[mijumom]

When you drug and sodomize a child, you have crossed an important line.

[notusingmyrealname]

Polanski had plead guilty and was prepared to take that degree-adjusted punishment for his bad judgement, when the judge went back on his word and gave him maximum punishment as a rapist. I've written elsewhere about the ability of DA's to extract forced self-incriminations on plea bargains and then to unilaterally change the charges or punishments after the defendant has thrown away any defense by pleading guilty to a lesser charge.

It's not about absolving the guilty, it's about sanity and not going bugnuts about reality. Kill the real rapists; admonish and penalize those who break the law yet are not guilty of the same acts as rapists. There IS a difference.

God, I hate being the one who has to take up this side of the argument, but this is completely out of hand. It leads to things like 16 year old girls being sentenced as adult sex felony offenders, AKA child rapists, for emailing nude pictures of themselves to their friends! No crime is committed except in the absolutist view of the law. That poor 16 year old girl will work, if she can find work, 100 yards away from teenagers her entire life. Madness.

The victim and victimizer both agree than it did not hurt either party. The 30 years of hell visited upon both of them by the legal system was what ruined both their lives.

[klandish]

I think what you are describing is very different from a 42 yr. old man drugging and seducing a 13 yr. old girl. Yes, the legal system was corrupt too in this instance. I've seen the current interviews with the victim, now a woman and with Polanski. The publicity and legal problems were probably just as painful as the act itself. He was suppose to serve up to 3 yrs. in prison but the Judge wanted publicity and readdressed the conviction to rape giving Polanski a possible life sentence. Wrong, and he fled, an understandable action on Polanski's part. But living in France is hardly punishment for the crime. Taking this situation apart from the legal what do you think should have been Polanski's penance?

[leo21]

Have you read the victim's account of the incident which she has reiterated as an adult? This was not the statutory rape he was allowed to plead out to but an aggravated sexual assault. She said NO and he was getting off as if she was a willing participant. The maximum penalty would have been a cakewalk compared to what he could have been prosecuted for and it is outrageous to suggest that he has suffered in the years since simply because he has been kept from the glitter of Hollywood. I don't know if he has a legitimate chance of getting out of a conviction for a charge he plead guilty to, especially since the documentary he is basing his case on has already been re-edited once because of inacccuracies. I don't see any reason why he should ever be given an opportunity to return to the US and I think he is naive to think that people won't fight to bar his returrn to this country.

[klandish]

I love Roman Polanski's work. However being forced to live in Europe is hardly compensation for inflicting the misery and the life changing condition he created for that little girl. This is where lawyers really cross the line for me. Where are their morales.. or ethics? The truth came out how the "seduction" occurred. There's no mystery to his involvement or to the fact he fully admits he to making a terrible mistake. Sometimes we can't skirt responsibility for our actions. He made his choice to live his life in France as his punishment instead of a U.S. prison. Be happy with that Mr. Polanski. Selfishly, I would love to see his work back in the States, he'd probably do a bang up job depicting the aftermath and atmosphere of the Bush period. But not at the expense of his and everyone else's integrity.

[AntsyAmerican]

Small correction: Roman Polanski is not Polish-born. He was born in France to Polish parents, which explains why he was able to remain in France without fear of extradition. The parents, unfortunately, moved back to Poland just in time to expose their (Jewish) family to the Holocaust. France does not extradite their own citizens.

[longtimeamericalover]

Such a disturbing post . A 13 year old girl drugged and raped. If it happened to Dakota Fanning today,would we ignore it ? How many tens of millions have been abused in war and do not become abusers? Because the victim is 'dumb' and/or precocious it made it okay? That this dumb girl/woman should now be the arbiter of his sentence?
He is a film director of undeniable)talent. should allow him to prey on children?
He has suffered enough? By relocating? Choosing to live in Paris and continuing his career ?Tthe term exile is specious. He fled.
If her mother pimped her child is she not also guilty?
A person in their 40s in a position of power has responsibilities that go along with the power.The American taxpayer continues to fund the protection of children in law even today as the country goes after polygamists etc.. In what way is his case 'special'?
Citing Jerry Lee Lewis,Charlie Chaplin and their child brides. Distasteful but there is some argument that these men had intentions other than rape and exploitation.
Puritanical,?well no. In the Puritans age,13yr olds were wives and mothers.
Grrr. As mother of a daughter and a showbusiness professional this makes me nuts. Exploiting the vulnerability of the young is just too damn easy, especially as their eyes are full of moon and showbiz ambitions.

[stayinsouth1981]

Good points.

[catbeller]

I believe the girl denied she was drugged and raped.

[stayinsouth1981]

Her testimony is pretty concise about what she consumed and what he offered her.

[EndangeredJackalope]

I absolutely agree with your sentiments about kids and the influence of powerful adults.

I'd never heard the details of the case until I saw the documentary, which I suggest you check out as well - it definitely changed my opinion of the incident, and his flight. I watched it with a huge sense of skepticism, expecting an apologetic white-washing of Polanski by his tribe, but hearing the victim and the deputy DA back up the story line and admonish the media and court's handling of the case.. its hard not to take second hard look at the context of the crime and everything that followed. It really is worth it. I hope you give it a shot.

[poochytown]

This guy has a lot of nerve griping about an "unholy alliance".

[YellowPanties]

It's rather rich that Polanski is crying about "misconduct" in his case, when it was his own gross misconduct - I mean, his drugging and raping a 13 year old - that landed him in this mess.

Polanski should get life in prison. They LOVE child molesters in there.

[Rep/Dem both suck]

After watching the Polanski documentary, I still feel like the guy belongs in prison or at the very least shouldn't be allowed back into the country. I feel horrible for the guy. Having for parents killed by Nazis and the love of your life killed by Manson, and still going on. The guy is a survivor no doubt, but those horrible, unimaginable circumstances do not excuse drugging and commiting statuory rape with a 13 year old girl. The guy has good life in Europe, and should consider himself lucky he got away with it. Like in the R. Kelly situation, just because your famous and make great art, doesn't mean you should suffer like every other pedophile.

[benjamin1345]

Just an FYI: drugging a girl to have sex with her is not statutory rape. It's just rape.

[jse17]

Link?????

[huffnpuffn]

Roman Polanski needs to do some jail time.

http://www.thesmokinggun.com/archive/polanskicover1.html

Serious jail time.

[Mort]

There are a lot of people here defending Polanski. What I want to know is do any of you have young daughters? How would you feel about letting them date a guy in his 40's who plead guilty to sexual abuse of a minor? Would it make you the least bit uncomfortable, or would you be all for it because he's such a gifted artist?

[daedelus]

It would depend on whether she was the type of daughter who hung around directors' mansions half-dressed popping downers.

[Mort]

So you wouldn't have a problem with your own 13 year old daughter hanging around with directors and everything else that happened? Are you the kind who says they deserve what they get? Or that adult men are powerless to stop their urges if a child happens to appeal to them, and shouldn't be held accountable?

[stayinsouth1981]

TYPE? Her mom was stupid and daughter should pay for mom's lack of judgement. Naw.

[elizaW]

Mort,

There's bad judgment and then there's malicious intent. Polanski was guilty of the former but not the latter. If you really want to pass judgment on the case and the man you need to familiarize yourself with the facts of the case.

[Bystander]

Are you serious..."bad judgment"? He plead guilty to having sex with a 13 year-old! That's the relevant "fact of the case" and your "malicious intent!" On top of that, he's a fugitive from justice. "Judgment on the case" has already been passed, Mort.

[Mort]

Drugging and raping a 13 year old is malicious intent, Eliza. It's predatory, and he has a history of that behavior. A grown man doesn't do that and say... oops, that was a silly mistake. Even if you don't consider it rape, the law does. That's the facts.

[YellowPanties]

We are familiar. It is NEVER acceptable for a 43 year old man to have "sex" with a 13 year old. When that 43 year old man lures her there under pretense of turning her into a fashion model, then supplies her with alcohol and drugs, and then rapes her - well, you'd have to be a stone-cold idiot to simple term that "bad judgment."

[catbeller]

If the laws about underaged sex were magically enforced against every offender, we'd have a hundred million people in prison.

[mijumom]

Does sodomy qualify as a malicious act to you?