Legal News

Court rejects Polanski bid to disqualify L.A. judges

By Jonathan Hayter

LOS ANGELES (AP) ? An appeals court has rejected a bid by Roman Polanski's attorneys to disqualify all Los Angeles Superior Court judges from considering a request to dismiss a rape case against the fugitive film director.

A three-judge panel of the California 2nd District Court of Appeal on Monday also lifted a stay on all proceedings in the 31-year-old case, sending the case back to Superior Court Judge Peter Espinoza. The court will schedule another hearing to decide whether Polanski has to be present for the court to hear his motion to dismiss a charge that he raped a 13-year-old girl.

Superior Court spokesman Allan Parachini said the court will set a hearing date on Tuesday.

Polanski's attorney, Chad Hummel, had argued that the entire Los Angeles Superior Court bench is biased against the director because a court spokesman commented to news media that Polanski was required to be present for his hearing. He said this showed that the court had prejudged the case.

A message left with Hummel on Monday night was not immediately returned.

Full post as published by Legal Pad | LA on February 03, 2009 (boomark / email).