No Statute of Limitations for Polanski

(CBS)  There is no statute of limitations governing the case of Roman Polanski who was arrested by Swiss police on Saturday on a 31-year-old arrest warrant.

CBS News legal analyst Lisa Bloom said that is because the director, now 76, had already pleaded guilty in 1978 to having had unlawful sex with a 13-year-old girl. "He already has been convicted."

Polanski, who is being held in Zurich, has hired an attorney to fight his extradition, and .

When asked on CBS' "The Early Show" about the likelihood Polanski will be extradited to the U.S., Bloom said, "I think he will be. Under our treaty with Switzerland, somebody facing these kinds of charges should be extradited.

Photos: Roman Polanski

"The real question is what has taken so long. He had a home in Switzerland. He's been there many, many times over the years. Apparently he has escaped extradition all of those previous times. Mostly, though, he's been living in France and our treaty with France prevented him from being extradited, so he was safe there, but clearly safe no longer."

Although the film director has continued working in Europe and has been hiding in plain sight in France, there have been previous attempts to apprehend him as he traveled, according to the Los Angeles District Attorney's office.

"They say that they did, especially in the last few years," Bloom told anchor Harry Smith. "I mean, it's hard to understand exactly what went on behind the scenes. But the district attorney here is saying that at least a half a dozen times in previous years they tried to get Roman Polanski and they just were unable to do so. I don't know if he was tipped off, [or] if he was just lucky. We don't know what happened."

Polanski fled the U.S. as he awaiting sentencing, convinced the judge would renege on his plea bargain deal. A judicial review this year did find there was misconduct on the part of the judge (who is now dead), but the charges could not be set aside as long as Polanski was a fugitive.

Fearing renewed attention, Polanski's victim, who accepted a cash settlement from him, has said she does not want the case reopened.

"The publicity was so terrible and so immediate that it just overshadowed everything that happened that night," Samantha Geimer told CNN.

But the victim's wishes won't count for much here, said Bloom.

"This is a crime against the people of the State of California, as all crimes [there] are," she said. "And so a civil settlement does not end it. This is a man who fled on the eve of sentencing because he was concerned he was going to get a harsher sentence than he expected under the plea bargain. He's been a fugitive for 30 years. He still faces sentencing here in California. It's irrelevant legally that he has a civil settlement with the complaining witness."

And what are the chances that, if brought back to California, he would do serious jail time?

Bloom noted the while there is the issue of judicial misconduct pending, "he cannot argue that while he's a fugitive. He has to be brought back - then that argument can be raised. If he prevails, he might get no jail time."

[dudelookslikeachimp]

Wrong! Conviction is not complete until sentencing phase is complete.
Further Polaski plead guilty to DIFFERENT charges than what the judge wanted to convict him on.

Polaski flew the coop before sentencing finished based on initial
statements by the judge rejecting plead bargains.

Basically the judge screwed up a simple case BIG time. He could have given the maximum sentence on the lesser charges. But even a judge needs a jury to convict on charges to which the defendent is pleading guilty.

[tybarry]

It is appalling to me that releasing Polaski is even an option. If he were having sex with with the people who are asking for his release 13 year old daughter, sister, or cousin, would they really be so forgiving. Rape is rape and should not be excused. If he were anyone else, he would have never received the plea agreement much less been allow to flea.

[CobraDriver]

He is a criminal and needs to pay the piper. Just like illegal aliens and thugs with unregistered or stolen guns. The laws just need to be enforced that are in place, we don't need new ones. All the new laws have some kind of loop hole that criminals get around with the help of some shister lawers that helped write the law. California is so liberal he will probably get off. Look at who is in the government under Obama, how many are from California.

[RobertoDU]

Roman Polanski is a criminal who fled justice. He raped a 13 year old! Is there a statute of limitations on justice? Bring him back and make him serve his time! Just because he's rich, famous, and has influential friends is no reason he should escape justice. Throw the book at him!

[USA_GUY]

Give Polaski a 2yr probabtion for statutory rape, the girl in question was willing and polanski has the stature of a 13yr old himself. Performing artist, Politicians, Teachers, Religious leaders, Athletes always are exempt for the laws in the USA. Do the crime do the time for the rest of you muppets.
Except Vick, kill a dog and get time, rape a child and get forgiven by your peers.

[avigil2]

This is an epic waste of resources, taxpayer money and an embarrassment to the state of California. Let it go already!

[dudelookslikeachimp]

Yeah since the California judge rejected the Polaski guilty plea to lesser charges -- Polaski has not been convicted of any crime!!!!

A judge MUST hold a jury trial to any charges a defendant has not plead guilty to --- even if the defendent pleads guilty to similar but lesser charges.

Fortunately a judge cannot elevate or change the charges even if the judge feels evidence plus the guilty plea to the lesser charge sufficient to prove guilt on a more severe charge.

Be glad that judges cannot take a plead to reckless driving and transmute that into vehicular homocide in the first degree.

[tissot21]

Right. And since he is a rich holocaust victim, he will likely be successful in awoiding jail. I think it's time for american justice system to take a long hard look in the mirrow. The law cannot be one for rich and other for poor- and this is what this system has become. Not a good thing.