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Judge turns down Polanski request | Judge turns down Polanski request |
(1 day later) | |
A US judge has formally rejected Roman Polanski's request that a 1978 rape case against him is dismissed. | A US judge has formally rejected Roman Polanski's request that a 1978 rape case against him is dismissed. |
Judge Peter Espinoza agreed there was misconduct by the judge in the original case, but said Mr Polanski must return to the US to apply for dismissal. | Judge Peter Espinoza agreed there was misconduct by the judge in the original case, but said Mr Polanski must return to the US to apply for dismissal. |
Mr Polanski fled to France in 1978 before he could be sentenced for having unlawful sex with a 13-year-old girl. | Mr Polanski fled to France in 1978 before he could be sentenced for having unlawful sex with a 13-year-old girl. |
Mr Polanski's lawyers said he would not return to the US because he would be immediately arrested as a fugitive. | Mr Polanski's lawyers said he would not return to the US because he would be immediately arrested as a fugitive. |
He cannot be extradited from France. | He cannot be extradited from France. |
The judge had asked to be forewarned if the director planned to appear in court, in order to give time to arrange security. The case has drawn a high level of media attention. | |
Cruel joke | Cruel joke |
The director put in his request to have the conviction dismissed after a documentary about him, Roman Polanski: Wanted and Desired, uncovered new facts about the case. | The director put in his request to have the conviction dismissed after a documentary about him, Roman Polanski: Wanted and Desired, uncovered new facts about the case. |
The film suggested that the judge who heard the original case, and who has since died, agreed a plea bargain with the director but then went back on the deal after intervention by the prosecution. | |
Judge Espinoza watched the documentary and said he thought there had been "substantial misconduct", but that the Oscar-winning director was not entitled to challenge the ruling while on the run. | Judge Espinoza watched the documentary and said he thought there had been "substantial misconduct", but that the Oscar-winning director was not entitled to challenge the ruling while on the run. |
The girl in the original case, Samantha Geimer, is now 45. She has previously said that asking Mr Polanski to appear in person would be a "cruel joke". | The girl in the original case, Samantha Geimer, is now 45. She has previously said that asking Mr Polanski to appear in person would be a "cruel joke". |
A lawyer acting on her behalf said in court: "The time has come for this case to end." | A lawyer acting on her behalf said in court: "The time has come for this case to end." |
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