Roman Polanski seeks dismissal of charges

[Trino]

And where was the mother of the 13 yr old that this happened? She left her there for a photo shoot for lingerie. If a mother did that today, would she not have some responsibility?

 

[Trino]

There was a confidential civil settlement at the time.

That's it - he plead guilty to the criminal charges, what they're after him for now is skipping town while on bail, not the original charges.

IIRC any statutes of limitation are tolled if you are a fugitive from justice.

His guilty plea was part of an agreement that the judge was not expected to honor, which is why he fled. It sounds like the judge was a media *advertiser censored*, and all this will again come out. IMO he walks...

 

[VespaElf]

This is such a tricky case isnt it? Im usually the first to call for a child rapists' head but for some reason this case isnt cut & dried for me...........

 

[LinasK]

Is there a statute of limitations on flight to avoid prosecution? Fugitive from justice?

Nope, they were able to extradite Ira Einhorn from France after many years to prosecute him for murder.

 

[LinasK]

For once I agree with the French. This whole thing is a farce. What he did was unquestionably wrong, but the victim has moved on and they settled the matter, apparently.

RP has had, as a whole, a really crappy life. He's an old man, and this has gone on far too long. I think there was some impropriety in the case.

It's a tough one. It's hard to say "He had sex with a 13 year-old, let him go."

BBM. So what? So just because he was a previous victim of violent crime and he's an old man, we cut a rapist a free pass?????:furious::furious::furious: I don't think so!!!:behindbar:behindbar:behindbar
Besides, old men can still rape and they can use their hands as well.

Cary Stayner's brother was also a kidnap and sexual abuse victim. Cary later turned into a serial murderer. No excuses there!

 

[Trino]

BBM. So what? So just because he was a previous victim of violent crime and he's an old man, we cut a rapist a free pass?????:furious::furious::furious: I don't think so!!!:behindbar:behindbar:behindbar
Besides, old men can still rape and they can use their hands as well.

This happened 32 years ago. His victim was compensated and does not want any punishment. Everyone's gotten on with their lives, except the US Court system. All he had left was 42 days, except the judge was not going to honor that plea agreement and was said to be wanting to send him to prison for 100 years.

The current judge will revisit the trial, and my guess is that, if anything, RP will receive a slap on the hand. IMO we will be shaking our heads at the time and money spent on this case.

How many children were taken internationally by non-custodial spouses - a worthwhile cause to investigate rather than RP. How many other international cases are more worthy of the US's time and money?

 

[Elphaba]

After reading the transcripts of what happened that lead to his arrest: OMG... the man groomed that girl in one photography session for child *advertiser censored*. By the 2nd photography session he had her NUDE, drunk and drugged in front of the camera... then went on to have intercourse with her.

Sorry, but I can not find ANY sympathy for pedophiles. If I was that judge, I would NOT have accepted his plea bargained slap on the wrist, either... I would have put him away for a very long time.

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

 

[Elphaba]

Oh, about the victim: she has never recanted her story... just now she feels that he has "paid" for the wrong he did to her, so he shouldn't serve time. Well, that is all fine and dandy, but it still doesn't change the fact that he raped her and enticed her into nude photography (child *advertiser censored*... it is child *advertiser censored*... no 2 ways about it).

 

[LinasK]

This happened 32 years ago. His victim was compensated and does not want any punishment. Everyone's gotten on with their lives, except the US Court system. All he had left was 42 days, except the judge was not going to honor that plea agreement and was said to be wanting to send him to prison for 100 years.

The current judge will revisit the trial, and my guess is that, if anything, RP will receive a slap on the hand. IMO we will be shaking our heads at the time and money spent on this case.

How many children were taken internationally by non-custodial spouses - a worthwhile cause to investigate rather than RP. How many other international cases are more worthy of the US's time and money?

It doesn't matter that it happened 32 years ago, it was justice delayed and denied! It also doesn't matter that the victim wouldn't choose punishment- victims of domestic violence also doesn't get to choose whether or not their batterers are prosecuted, and with good reason! He should have received 100 years:boohoo::boohoo::boohoo:, and maybe the current judge will impose a life sentence without parole!

 

[VespaElf]

Oh agreed it was/is child *advertiser censored* HOWEVER her Mother knew EXACTLY what it was SO what about her?She threw her daughter to the lion!What about the girls agent & the French magazine who contracted RP to take the photos?What about JN & AH who allowed their home to be used for the photo sessions?
Shouldnt they all be held accountable as well? All these adults knew this was a sexually themed photo session with an underage girl yet they allowed & encouraged it to happen.Is it too late to charge them?
This is a HUGE can of worms that was mishandled from the VERY beginning.
Mom shouldnt have let daughter do the photos.If she insisted on allowing it why not be present?
I agree RP is guilty HOWEVER the presiding Judge was acting ILLEGALLY thus denying RP what hes entitled to BY LAW.
This whole thing is just a mess!

 

[angelmom]

It doesn't matter that it happened 32 years ago, it was justice delayed and denied! It also doesn't matter that the victim wouldn't choose punishment- victims of domestic violence also doesn't get to choose whether or not their batterers are prosecuted, and with good reason! He should have received 100 years:boohoo::boohoo::boohoo:, and maybe the current judge will impose a life sentence without parole!

BBM...true, but often those cases are plead out (like this one) or never prosecuted because of the lack of evidence. That's what happened in this case as well.

I agree that RP is creepy and guilty of child rape; my point is about whether this is worth it to pursue. Those decisions are made every single day by DA's offices, and even horrific cases that end up with the victim maimed or dead are sometimes left to fade away.

How broke is CA right now? Is a 30 year older RP likely to reoffend? No. His appeal was in his youthful good looks and his power in Hollywood. Who would let their child go with him for a "private" photo shoot? And while the victim says it was not consensual, there is no proof of that (I don't doubt her, just looking at the legal issue). With an uncooperative witness, they would get nowhere.

A good defense attorney will ask for a jury trial. All of the stuff about the girl will come in, all the stuff about the mother, the pictures, the crazy judge, etc. and he will walk out. What a huge waste!

I agree that they need to spend their time and resources looking for missing children, and prosecuting SOs and getting them real jail time. This is just a publicity hunt, IMHO.

 

[Velouria]

And while the victim says it was not consensual, there is no proof of that (I don't doubt her, just looking at the legal issue).

Respectfully snipped

Except that legally, a 13 year-old is incapable of consent, particularly one who is under the influence of narcotics administered by the perp himself.

 

[Trino]

How broke is CA right now? Is a 30 year older RP likely to reoffend? No. His appeal was in his youthful good looks and his power in Hollywood. Who would let their child go with him for a "private" photo shoot? And while the victim says it was not consensual, there is no proof of that (I don't doubt her, just looking at the legal issue). With an uncooperative witness, they would get nowhere.

A good defense attorney will ask for a jury trial. All of the stuff about the girl will come in, all the stuff about the mother, the pictures, the crazy judge, etc. and he will walk out. What a huge waste!

I agree that they need to spend their time and resources looking for missing children, and prosecuting SOs and getting them real jail time. This is just a publicity hunt, IMHO.

Snipped...

Who made this decision? Doesn't this person have more pressing cases to solve?

Can you imagine the cost of all of this? RP has hired Swiss attorneys who will fight extradition, and, of course, the US (CA) must also pay attorneys in Switzerland. If the Swiss courts agree, RP will not be extradited, and the US will look like fools.

If RP is extradited, more $$ to fly him (and accompanying security) back, plus the cost of a new trial, which IMO he will demand and receive. If he gets off, we'll again look like fools. AND, IMO, he'll receive a minimal, if anything, slap on the wrist. I would go so far as to say they'll let him off with time already served.

RP is a friend of Harrison Ford - could be a star-studded trial.

 

[VespaElf]

RP is a friend of Harrison Ford - could be a star-studded trial.

As well as NUMEROUS other celebs-did you seeing the raucous standing ovation RP got (in absentia) when Adrian Brody announced 'The Pianist' won @ The Oscars?? I guarantee if RP is brought back to the States ALOT of influential & known people are going to come out in support of him which adds to the egg on the government's face.
Waste of time,money & resources.......this shouldve been taken care of YEARS ago!

 

[Gozgals]

IF RP is prosecuted, I'm sure he will receive time served. He will just get off with a slap on the wrist. It will be a waste of time. The victim already forgave RP years ago. This whole incident was a can of worms from the start with the parent letting her go off with Roman to begin with. What was she thinking and how much cash was she out to make, (I wonder)? Was she out to make a name for herself by pimping her daughter out?

His defense will get the charges dropped or as stated, he will get the slap. Roman is not a threat to society either at his age. All his charm is now gone.

I doubt he will ever make it as far as the US. This is a case that pleas have been made on before.

I do agree with some of Linask comments though about the US when they extradited Ira Einhorn after so many years for murder.


Gozgals

 

[Trino]

http://news.yahoo.com/s/ap/20090928/ap_on_en_mo/eu_switzerland_polanski

Update:

The extradition process could take months. RP's attorneys are requesting he be out on bail. Meanwhile the 76 yr old man is nearly in solitary confinement - one hour of exercise per day, one visitor per week. (The US reserves this treatment for murderers and violent criminals.) All this over a case where the current judge suggests there was substantial misconduct (on the part of the past judge).

RP has a home in Switzerland and went to Switzerland for several months this year, so why arrest him as he was to be honored at a festival? Couldn't US agents find his house?

 

[angelmom]

Respectfully snipped

Except that legally, a 13 year-old is incapable of consent, particularly one who is under the influence of narcotics administered by the perp himself.

I agree. But, if she refuses to testify, is there evidence of that?

 

[believe09]

He pled guilty so the guilt or innocence phase is over. I was listening to a legal pundit on NPR state that Switzerland is unlikely to extradite him unless prosecutors ball park a sentence here in the US. International extradition law with the US states that the time left to be served has to be 6 months or more for them to agree to extradite him.

 

[angelmom]

http://www.usatoday.com/news/world/2009-09-27-polanski_N.htm


"This is a legal story," Balmer told The AP. "There is no room for political pressure."

Authorities in Los Angeles consider Polanski a "convicted felon and fugitive."

Polanski at the time had pleaded guilty to unlawful sexual intercourse and was sent to prison for 42 days of evaluation. Lawyers agreed that would be his full sentence, but the judge tried to renege on the plea bargain.

On the day of his sentencing in 1978, aware the judge would sentence him to more prison time and require his voluntary deportation, Polanski fled to France.

Yes, he plead guilty to having sex with her, but it was a different charge than current ones like child molestation, rape of a child under 14, etc. that would have been filed today. Unlawful sexual intercourse could probably have covered a lot of things 30 years ago, including adultery and gay sex. I don't think it was a "100 years" thing. (hell, most murderers don't even get 100 years!) He did not plead to drug related charges.

Since the plea deal was not followed, I think the whole guilt/innocence goes back to the beginning. It is null and void. And that is where I think this is a big waste, because they will never be able to find him guilty with no evidence and a reluctant victim. I wouldn't be surprised if the civil settlement included an agreement that she would not pursue any other charges, plus a confidentiality clause.

 

[Miss_Scarlett]

The victim does not get to decide about pressing charges in a criminal case. Rape is a crime against the State. Even if they had to retry him, which I'm not sure about, I think they could still get a guilty verdict even without her on the stand. I'm not sure if this was addressed much in this thread, but his fleeing is also a crime.

I do think that it's okay to spend that money to get him here and in jail. That sends a powerful message to people in his position that no matter what you can not get away with unlawful sex with a minor. I think that's an important message.