Judge Denies Roman Polanski's Bid to Toss Sex Case
http://www.huffingtonpost.com/2009/05/07/judge-denies-roman-polans_n_199557.htmlLOS ANGELES — A judge on Thursday dismissed Roman Polanski's bid to throw out a decades-old sex case because the fugitive director failed to appear in court to press his request.
In a seconds-long hearing with no lawyers present, Superior Court Judge Peter Espinoza said he was finalizing an earlier decision for the record. He had placed the order on hold to give Polanski time to return to the United States from France.
His lawyer, Chad Hummel, notified the judge earlier this week that Polanski would not appear because he believed his presence was irrelevant to the dismissal motion.
The judge took the bench briefly and said that because "Mr. Polanski doesn't intend to submit himself to the jurisdiction of the court," his motion for dismissal would be denied.
Hummel maintains that the issue of whether Polanski's rights were violated in his 1977 case can be decided in his absence. He has said he will seek review by an appeals court.
Polanski, 75, pleaded guilty in 1977 to unlawful sexual intercourse with a 13-year-old girl and then fled to France. He recently sought dismissal on grounds of misconduct by the now-deceased judge who had arranged a plea bargain and then reneged on it. Polanski risked arrest on a fugitive warrant if he returned to Los Angeles.
"The misconduct is plainly evident from the existing record," Hummel said of the behavior of the deceased judge. He also noted that Espinoza's refusal to dismiss the case is contrary to the wishes of the victim, Samantha Geimer, who joined in Polanski's bid for dismissal. She has said she wants the case to be over.
Espinoza relied on the fugitive disentitlement doctrine, which says that fugitives are not entitled to the processes of the court as long as they remain at large. He also cited the more than 30-year delay since Polanski fled.
Hummel contended the doctrine shouldn't be used "further to cover up misconduct and violate constitutional rights."
Polanski lives in France, where his film career has continued to flourish. He received a directing Oscar in absentia for the 2002 movie "The Pianist." While still in the United States, he directed such classic films as "Chinatown" and "Rosemary's Baby."
A recent HBO documentary on his life uncovered new information about the judge's actions in the 1977 case, which led him to seek dismissal.
