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1st Surrender, Then Contest 1977 Child-Rape Plea, Gov’t Tells Polanski

Posted Jan 7, 2009, 04:38 pm CST
By Martha Neil

Fugitive film director Roman Polanski can't move to have a 1977 statutory rape conviction dismissed based on claimed government misconduct until he turns himself in, a Los Angeles prosecutor contends.

The issue is being argued in Los Angeles County Superior Court because lawyers for the 75-year-old resident of France have sought to have his guilty plea in the case overturned, reports the Los Angeles Times. A hearing is scheduled later this month.

"Polanski fled the country 31 years ago in advance of his sentencing on a charge of unlawful intercourse with a minor," the newspaper recounts. "He acknowledged having intercourse with a 13-year-old aspiring model during a photo session at actor Jack Nicholson's house." Nicholson reportedly was not home at the time of the crime.

In a motion filed Monday, the director's lawyers also are seeking to disqualify the entire Los Angeles Superior Court staff from involvement in the case, because of alleged bias, and bring in a judge from another county to preside over it, reports the Contra Costa Times.

A recent documentary about the crime portrays Polanski favorably and has helped fuel his quest for dismissal of the case, as noted in an earlier ABAJournal.com post.

Additional coverage:

Associated Press: "Prosecutors to Polanski: All is not forgiven"

New York Times: "Prosecutors Urge Polanski to Surrender in Sex Case"

New Zealand Herald: "Reprieve for film's fugitive: Roman Polanski"



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