Polanski Loses Swiss Freedom Appeal

Judge Orders 76-Year-Old Filmmaker Held Pending U.S. Extradition Request in 1977 Sex Case

(AP)  Roman Polanski lost his appeal Tuesday to be released from jail, as a Swiss court rejected multiple offers from the 76-year-old director to post bail or go under house arrest to reassure authorities that he would stay in the country.

The Federal Criminal Court said Polanski poses too "high" a flight risk to be freed and that even his Swiss chalet in the luxury resort of Gstaad was insufficient collateral to guard against his escape.

The acclaimed filmmaker is considered a convicted felon and a fugitive by authorities in Los Angeles, and the United States is seeking his extradition for having sex in 1977 with a 13-year-old girl. He was arrested by the Swiss on Sept. 26 as he arrived in Zurich to receive a lifetime achievement award from a film festival.

"The court considered the risk that Roman Polanski might flee if released from custody as high," the federal court said. "The bail offered by the appellant does not meet in its form the requirements set out by the law."

Still, the tribunal in the southern Swiss city of Bellinzona left open several possibilities for Polanski to challenge its verdict in what is expected to be a lengthy legal battle over his extradition.

Polanski has 10 days to appeal the decision on his release to Switzerland's highest tribunal. He also can continue attempts to persuade the Swiss Justice Ministry to release him. More court proceedings are expected after Washington files its formal extradition request, which it has until Nov. 25 to submit.

Polanski's attorney said Tuesday's decision was a disappointment.

"It's probable that Mr. Polanski will appeal," Herve Temime told reporters in Paris. "I repeat that Mr. Polanski has firmly and strongly stated that he will remain in Switzerland during the entire extradition procedure, regardless of its outcome."

The director of such film classics as "Rosemary's Baby" and "Chinatown" was accused of plying the underage girl with champagne and a Quaalude sedative pill during a modeling shoot in 1977, and raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy.

He pleaded guilty to the lesser charge of unlawful sexual intercourse. In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation.

However, he was released after 42 days by an evaluator who deemed him mentally sound and unlikely to offend again.

The judge responded by saying he was going to send Polanski back to jail for the remainder of the 90 days and afterward he would ask Polanski, a dual French-Polish citizen, to agree to a "voluntary deportation." Polanski then fled the country on Feb. 1, 1978, the day he was scheduled to be sentenced to the additional time.

Since then, Polanski has lived in France, which does not extradite its own citizens.

In its 17-page verdict, the Swiss court said Polanski offered to surrender his travel documents, wear an electronic monitoring device and submit himself to daily police checks. Those measures were seen as insufficient to prevent his flight because he could always obtain a new passport or even travel to his French home without papers.

The Swiss court also was concerned that Polanski could leave Switzerland and avoid the extradition process if he fled by helicopter or private airplane.

Lawyers for Polanski offered up the director's Gstaad chalet as collateral, saying it represented more than half of his personal wealth and that it would definitely guarantee his remaining in the country because he has two children he must support through school.

The court, however, sided with Swiss authorities who said even the large bail offer provided insufficient security against flight, and should be made in cash.

The Swiss Justice Ministry said it would examine any new request Polanski submits and evaluate whether it represents a "concrete, realizable" offer as the court ruling suggests. But, spokesman Folco Galli reiterated that detention is only lifted in exceptional cases.

"The point of imprisonment is to ensure that Switzerland can fulfill its treaty obligations on extradition," Galli told The Associated Press. "He can always ask again to be released. But detention is the rule."

[avigil2]

Mortarman29: "So, if I murder someone...but if I can get away and lead a good life the rest of my life...then I should not be held to task for the murder once I am found?"

Murdering is not the same thing. HELLO!

[SusanStoHelit]

She was a 13 year old girl, she was drugged so she couldn't resist much, she said No over and over again, begged him to stop, faked asthma problems to give her an excuse to go home when it all started - he took his time and raped her every way he wanted to - vaginally, anally.

With the culture of the time (the rape victim is put on trial), they agreed to a plea bargain that he would plead to a lesser charge - statutory rape, and the charges of rape, drugging a minor, etc. would be dropped. However - the bargain had NO guaranteed prison sentence. The evaluation (the 42 days his defenders pretend was a sentence) was merely to advise the judge. He fled when he heard that the judge might NOT go for mere probation for the charge of raping a 13 year old girl.

70% of the French are happy to see him gone, think the extradition is a good thing. Their age of consent is 15. In Switzerland it is 16. And rape is a crime no matter what the age.

She wants to drop the charges - but we do not allow a rapist to get away with rape by harassing his victim (or having his sycophants and media harass the victim) until she is so broken that she doesn't want to have anything done anymore.

[SusanStoHelit]

Polanski has never said one single word of the girl's account was false, BTW.

[badforu]

This guy ws indicted by a GrandJury to 6 Sexual misconduct charges that carried a life sentence. Never was the facts in the case in question. Polanski plea agreement was to drop the 6 charges in lieu of the reduced charge that he plead guilty to. If you read the transcript, there is no talk about what the sentence would be, and it was clear there would be a sentence. Polanski answered yes during the hearing as it was explained to him.

Then he went to france and france protected him by refusing to extradite him.

Now that he has already pleaded guilty to that one charge. The trail aspect of his case is over. So no time limits. Now he just needs to be sentenced. He ran cause he feared the judge would give him big jail time. Which is the common reason for running. Once he comes back here and gets his sentence, then he can appeal his case and have his plea thrown out and we can go back to the Grandjurys original 6 charges. Doubt that would happen.

Glad Swiss didnt let him out, he is a proven flight risk and france wont cooperate. Good Call!

[stryker54]

In Europe they don't have the same laws, and I believe the age of 14 has consent and has for many years. This man was convicted, sentenced, and served what the judge considered right for this crime and circumstances back than. He than reneged on the sentence, which would have anyone over here crying injustice. The woman involved wants it over, it has been over 30 years. In our justice system it states for law enforcement to be resonable in their actions, which they are not. The man has live a life that hasn't repeated the same mistake. For all of any of us know, she or her parents might have said she was 18 so she could get the gig. I don't think any reasonable man would assualt a 14 year old, but if he thought she was 18, whole different story. This is a waste of taxpayers money, I'm sure you will find the Obama administration in there somewhere. They want to look good. This is a wasted cause. Sorry folks, but when the victim says enough already, I have to go along with that.

[endurorob_5]

The victim changed her tune about this POS when she recieved several hundred thousands of dollars from him. This is no longer about the victim it is about this POS being a fugitive from justice. He did not serve his time. An evaluator let him out after him serving half his time. The judge was going to send him back to serve the rest of the sentence which would have been 46 days. The guy is a POS child rapist and if it were up to me people like this would be castrated. By the way Obama is in tight with the Hollywood elite who want rapist released so Obama is probably in favor of releasing him.

[Mortarman29]

He broke the law. He admitted he broke the law and pleaded guilty. He then broke the law again by becoming a fugitive from justice.

He doesnt get to decide if he serves his sentence. The people of California get to decide if he should serve his sentence. He didnt give the people of California the chance to make their decision through their judge.

He broke the law several times. He should serve his penalty for all of them.

[SusanStoHelit]

You are wrong.

In Europe, there are many countries with many different ages of consent. In France - it's 15. In Switzerland it's 16.

He testified that he KNEW she was 13, before having sex.

Polanski was NOT sentenced - he did an EVALUATION - that was not, and never was, a sentence. He fled before the sentencing. Nor was there any part of the plea agreement that dictated a particular sentence from the judge - this is testified to in open court by the judge and Polanski himself, BEFORE he pleads guilty.

And he has a lot of history with underage girls. He's even said how everyone wants to F*** young girls.

[SusanStoHelit]

14 is not the age of consent. France - 15. Switzerland - 16. Not remotely.

[lin1945-2009]

Roman Polanski should sit in jail in Switzerland through all his appeals and when he loses, 3 or 4 years down the road, he can move forward to trial on American soil. His life, as he has known it for the past three decades, is over. It is time to step up to the plate and be a man and not whine that he is not getting justice. I am sorry for his wife and his children. His wife knew, when she married him, that he was a fugitive and if she could read, would have known he was a rapist of young children. I am sure now he wishes he had served the rest of the 90 days and be done with it. I, for one, am glad he fled because 90 days is nowhere near adequate for the crime. The jury and court will be tough on him and that is how it should be.

[davlar2]

JEEZ! Let the guy go! I mean, hasn't the statute of limitations kicked in yet? The girl he had sex with doesn't even want to deal with it.
He only skipped out on about half a 90-day sentence anyway.
How much money are we spending prosecuting this ridiculous farce anyway?
This is a gigantic waste of time!

[avigil2]

I totally agree! It's been 30 years or so. The gal, now a woman, wants to live her life with her family peacefully. She sued and won! And he paid out his settlement. It's not like Polanski was a repeat offender. He went on to do something with his life; like direct some of the great films of the 70's... AND he won an Oscar a few years ago for THE PIANIST. Give it a rest America!

[SusanStoHelit]

There's no statute of limitations. He plead guilty - so there are no limitations. He ran before the sentencing - and the 90 days was an EVALUATION - not a sentence.

Justice is not a waste of time. He'd have served his time if he was Roman the plumber, he should serve his time like anyone else. Our justice system is not supposed to have different justice for the rich, for the famous, for the powerful, nor for the people who decide to run and make it expensive to catch them.

[Mortarman29]

Who cares what he did later on, Avilgil? So, if I murder someone...but if I can get away and lead a good life the rest of my life...then I should not be held to task for the murder once I am found?

That is immoral!

[badforu]

This guy ws indicted by a GrandJury to 6 Sexual misconduct charges that carried a life sentence. Never was the facts in the case in question. Polanski plea agreement was to drop the 6 charges in lieu of the reduced charge that he plead guilty to. If you read the transcript, there is no talk about what the sentence would be, and it was clear there would be a sentence. Polanski answered yes during the hearing as it was explained to him.

Then he went to france and france protected him by refusing to extradite him.

Now that he has already pleaded guilty to that one charge. The trail aspect of his case is over. So no time limits. Now he just needs to be sentenced. He ran cause he feared the judge would give him big jail time. Which is the common reason for running. Once he comes back here and gets his sentence, then he can appeal his case and have his plea thrown out and we can go back to the Grandjurys original 6 charges. Doubt that would happen.

Glad Swiss didnt let him out, he is a proven flight risk and france wont cooperate. Good Call!

[Dunestrider]

I'm tired of people saying the leftists and liberals want him forgiven and freed. I'm so left-wing that I am (literally) a card-carrying member of the Socialist Party USA. But, I too, am tired of the pretentious artsy-fartsy "artistes" and other foo-foos who think they are better than anyone else. People who think they are better than others are rightists, not leftists. So I hope Polanski serves his time in a U.S. prison.

[davlar2]

What's wrong with you?? Why are you politicizing this?
This issue isn't about politics. Get a grip!

[SusanStoHelit]

Absolutely right - I'm a solid Democrat - and our justice system should NEVER treat the rich differently than the poor, nor let someone run from justice and get away with it.

[timing20002000]

HE IS GETTING WHAT HE DESERVES. I HOPE HE DIES IN JAIL, I DON'T CARE WHAT COUNTRY. For anyone defending him, you are a child rapist or have some type of abuse symdrome.

[rickthomas5]

I disagree totally with timing. Dying in jail would be justice for him. We want him to live till he's 100 years old so that he can spend a lot of time with my cousin Leroy. But I just checked and in Los Angeles it's called Castaic, where they send lowlifes like Polanski. I got a few peeps up there as well so he will be welcomed properly once he gets back the States.

[avigil2]

Wow! So you're calling anyone to agree to a release of Polanski a "child rapist"? That's pretty bold. Sounds like you've got some skeletons in YOUR closet. Anything you wish to divulge to the authorities?

[Mortarman29]

Avigil, you are defending a child rapist.

[avigil2]

Mortarman29 - "Avigil, you are defending a child rapist."

Absolutely NOT! What he did was despicable. The woman got her revenge and her payback. She sued AND WON in a court of law! Why we're spending so much effort, resources and tax payer money to get this guy is plain ridiculous! Let's go after the real criminals that are on the streets, robbing banks, killing people, breaking into our homes and yes, even the child molesters, abductors and killers that are out there TODAY!

[rickthomas5]

He insulted the U S justice system and now he's trying to do it again with all of his coked out entertainment friends in Hollywood. And that's because all of them are drug infested perverts who drive under the influence and think they can out do the law just like this lowlife. Time to treat him like an east coast perp instead of treating him like a Hollywood king. Treat him like the scumbag he truly is. Send him to Rikers and let my cousin Leroy spend some time with him.

[timing20002000]

HE IS GETTING WHAT HE DESERVES!!!! Anyone who defends this child rapist is a child rapist themselves or has some type of abuse symdrome from their past. I am BOYCOTTING all those celebrities that defended this child rapist, Penelope Cruz, Harvey Weinstein, etc. I am not boycotting Whoopi, she was just trying to explain a situation. She did is poorly, but she was not defending him.

[avigil2]

Our US justice system insults it's self. Haven't you seen or heard of all of the unjust convictions and yes, even death penalties, of the wrongly accused? Recently, in my city, a police officer attacked an innocent bystander who was in the wrong place at the wrong time and slammed him into a concrete wall. This guy, who was about to get married, has been in a coma for 3 months now. There were no charges brought against the police officer and was given a slap on the wrist. Not even an apology to the family of the poor guy who will definitely have brain damage for life. That's our justice system. Such BS!

[presjfk]

We have convicted criminals, maybe hundreds of thousands of them walking our streets on parole or out on bail. Our police are arresting over, and over, and over again the same criminals who victimize and terrorize society. Our systems simply arrests and then throws them back on the streets.

Meanwhile, our law enforcement has nothing better to do than chase this guy halfway around the world, 30 years later with the victim having agreed to compensation and the matter to be dropped.

Why? Because Polanski is famous and this high profile case and could make a career or 2 for those chasing it and because it is easier to chase Polanski which helps to keep the public eye off our real problems.

[Mortarman29]

How about that he is a criminal and a fugitive from the law?

[stryker54]

your right, it is easier for law enforcement to chase down a criminal they know won't shoot them. Much easier to go after them than violent criminals. Maybe the cops can nail someone for seat belt violation.

[pickaguitar1]

Free Polanski!

[Mortarman29]

Right after he serves the time he deserves.

[avigil2]

"Right after he serves the time he deserves."

Which will do NO ONE any good (including the victim) except for the U.S. Justice Dept. because WE'RE #1! WE'RE #1! Give me a break!

[tbird6740]

charlie7499,

"There's no crime if the victim don't wanna prosecute. The charge is innuendo.. and the rhetoric of a attention deficit disorder judge, and attorney."

Uh, maybe you want to go back and read that Polanski already PLEADED GUILTY and was supposed to be awaiting sentencing when he skipped the country. He's already BEEN prosecuted!

[Mortarman29]

Exactly! And now, he has broken several other crimes, including being a fugitive from justice. So, he can plead guilty to those also.

The deal is he has a debt to pay. Get him back here so he can pay it.

[T-Fed]

Dear Swiss: send Spanky Polanski home quickly as there are lots of fat smelly guys in the California Prison system waiting to pounce on him like a forty year old man with a thirteen year old girl

[avigil2]

I doubt it. Polanski is in his 70's.

[OregonJames]

GOOD! This pedophile rapist should spend the rest of his days in prison. Frankly, I'd support his execution. Rapists and pedophiles deserve no mercy.

[Harden_Tar]

Rot in jail pervert. All the "artsy" yahoos who want you to walk can bite me.

[stryker54]

He hasn't repeated the act. Maybe we don't have all the facts, but I believe when this happen she stated her age as 18, just the same people in Europe can consent at age 14. Different countries different values and liberal views there.

[Mortarman29]

No, Polanski knew she was 14. He pleaded guilty. he then ran like a coward, which means he again broke the law.

We dont care what other countries have for laws. It is irrelevent! The laws of the State of California stated at the time that what he did was a crime. He admitted what he did was a crime by pleading guilty. he then broke a second law by running like a scared coward overseas.

He is a criminal. Criminals must serve their time.