Attorney Lawrence Silver on Wednesday faxed to other lawyers in the case a motion he planned to file Thursday in Los Angeles Superior Court, asking that the director be sentence in absentia. On behalf of the victim, Samantha Geimer, Silver also is supporting a motion by Polanski's lawyers urging that Polanski be sentenced to time served.
Silver accused prosecutors of violating the California Constitution when they failed to tell Geimer of their plans to seek Polanski's extradition to the U.S.
Geimer was 13 when she met Polanski for a modeling shoot in Los Angeles in 1977.
Polanski ultimately pleaded guilty to one count of unlawful sexual intercourse as part of a plea deal.