October 21, 2009 4:51 PM

Fugitive Polanski Wants To Come Home

(CBS/AP)  Lawyers for Roman Polanski, a fugitive for 30 years in a notorious sex case involving a 13-year-old girl, filed a request Tuesday to dismiss the charge against him because of prosecutorial and judicial misconduct.

The motion alleges that a documentary about filmmaker released earlier this year revealed "a pattern of misconduct and improper communications" between the district attorney's office and the judge in Polanski's case.

"This case serves as a classic example of how our justice system can be abused, and defendants' rights trampled, by an unholy alliance between courts and criminal prosecutors," said a statement from attorneys Chad Hummel and Brad Dalton. Dalton is the son of attorney Doug Dalton, who represented Polanski in the original case.

Poland-born Polanski, 75, has been living in France in self-imposed exile from the United States since fleeing in 1978 after pleading guilty to having sex with a 13-year-old girl in Los Angeles. He was initially indicted on six felony counts and faced up to life in prison. Instead, he pleaded guilty to one count of unlawful sexual intercourse with a minor and five other counts were dismissed.

Polanski, who had already been incarcerated for a psychological diagnosis, skipped sentencing that would have sent him back to prison and fled to France. The judge issued a warrant for his arrest that is still in effect. The maximum sentence was 50 years, although prosecutors had said at the time that the typical sentence was 16 months to three years in prison.

Sandi Gibbons, spokeswoman for District Attorney Steve Cooley, said her office had not been served with the motion and only heard about it through media reports. She said the office could not take a position until they see the legal papers.

"We're looking forward to seeing Mr. Polanski in Los Angeles to litigate it," she said.

A hearing on the matter is scheduled for Jan. 21 in Los Angeles County Superior Court.

Polanski, the director of "Chinatown" and "Rosemary's Baby," has continued to direct films while in exile, including the 2002 Holocaust drama "The Pianist," for which he won the best-director Academy Award.

The woman with whom Polanski admitted having sexual intercourse has said she wants the charge dropped and that Polanski should be allowed to return to the United States.

The new effort to wipe out the charge comes in the wake of an HBO documentary, "Roman Polanski: Wanted and Desired" in which the man who prosecuted Polanski, retired Deputy District Attorney Roger Gunson, said that if he had been in Polanski's position, he also would have fled the country.

The documentary also portrayed the late Superior Court Judge Laurence J. Rittenband as a publicity hound who held press conferences and engaged in extra-judicial meetings about the case and received coaching from David Wells.

The case was a sensation when it broke. Polanski, the widower of Manson family murder victim Sharon Tate, was arrested for having sex with the girl he hired as a model for a photo shoot. He was accused of giving her Quaaludes, taking her into a hot tub nude and having sex with her.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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by mydiatribe December 4, 2008 12:16 PM EST
Lot''s of anger being proffered here. It''s too bad there is so little thought to go along with it.

Obviously some who are posting are anxious to portray this as a HEINOUS CRIME but haven''t got a clue what statutory rape entails or that this alleged victim would if she could dismiss all the charges against Roman Polanski.

This story points to the divide in this country: IRRATIONAL HATRED! All you do gooders start by reading your Bibles. What does it say about forgiveness? Don''t know -- didn''t think so! BTW - just as many loonies coming from the otherside.
Rational minds are becoming an extinct species!
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by downsteamjim December 4, 2008 12:29 AM EST
He only needs about 6 months in Angola Prison. Then he can do "Wanted and Desired, Part II: The Receiving End."
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by mrmeatspin December 3, 2008 10:01 PM EST
a few skits from SNL and the liberal masses are willing to forgive this "poor guy who had been exiled to such a harsh place"..

I swear to god..it gets closer and closer for me in putting a bullet in....
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by arnoldbowers December 3, 2008 9:46 PM EST
This man need to be put down like a rabid dog, the film was just that the fact is he did what he did and the film is just a make believe thing to sell tickets and entertain, Poplanski need to be given the needle but never given imunity or pordon, he was found guilty and skipped out it the sorry astard though for one minute he was innocent why did he skip out rather fight the courts then, he was guilty and that is the bottom line. Frank
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by runningralph December 3, 2008 9:02 PM EST
hatemorons calls Polansky a genius. Polansky didn''t figure out DNA or relativity or quantum mechanics. He is a MOVIE director! Not a scientist, physicist, mathematician or even an engineer. Directing a movie is on a level with managing a construction project. Writing the movie takes more smarts. And the notion that intelligence is an excuse to commit crimes is particularly disgusting.
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by tincup356 December 3, 2008 8:41 PM EST
fair justice costs money ..so no matter how big the crime,,,,,money can buy you out if you know the right people, or if you have executive privilege, which is what Bush thinks is protecting him from repeatedly breaking the law.
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by questionnews December 3, 2008 7:52 PM EST
Generally, people that give a pass on such disgusting crimes are people that visualize themselves doing the same thing if given a chance. Some of the post are quite revealing.
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by mrmeatspin December 3, 2008 7:43 PM EST
The new effort to wipe out the charge comes in the wake of an HBO documentary, "Roman Polanski: Wanted and Desired" in which the man who prosecuted Polanski, retired Deputy District Attorney Roger Gunson, said that if he had been in Polanski''s position, he also would have fled the country.


*********the liberal media LOVES TO give out a helping hand to a needy liberal god..*********

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by mrmeatspin December 3, 2008 7:41 PM EST
hey why not?? the liberals had managed to condition society to accept this kinds of acts..

soon enough it would legal to screw a 12 year old..
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by mydiatribe December 3, 2008 5:37 PM EST
Where are those liberal California Supreme Court Justices when you really need them?
ANS: No Glory - No Guts! The LA DA''s office is POed because Polanski skipped town to avoid more jail time.
This is a personal vendetta that the right Judge could fix in a heartbeat. Why hasn''t it been done?
ANS: ROMAN POLANSKI was marginalized by Hollywood Insiders years ago, and he has had some success over seas. No one is willing to champion him because this case is a political football, too risky to fumble.
Polanski finds himself a weak old man who is outside looking in.
He is in bad need of a Legal Eagle Rabbi with some political clout who will stand up for him. Until that happens he is afraid to come home.
Probably what he ought to do is come back face the music, do a few moths in prison and quietly let someone pardon him.
Polanski would be the most worthy PARDON PRESIDENT BUSH could deliver before he exits but he won''t do it. The criticism would be too great.
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