Legal Commentary

Roman Polanski Seeks Dismissal of 30 Year Old Case

By Jeralyn

Director Roman Polanski, now age 75, has filed a new motion to have the sex assault charges against him dismissed. His motion alleges prosecutorial and judicial misconduct, revealed in a recent HBO documentary on the case. The statements were made by the deputy DA on the case and a judge. The victim in the case, then 13, now 43, has wanted the charges dropped for years, and still does.

In a legal brief, the attorneys quoted heavily from the documentary, citing statements by former Deputy District Attorney David Wells in which he acknowledged advising the judge on how to sentence the film director, even though he was not assigned to the case.

The lawyers said that Wells' recommendation to send Polanski away for a diagnostic study was illegal without Polanski's lawyers present. They said Wells also inflamed the judge by showing him photos depicting Polanski with girls at an Oktoberfest party in Germany while he was awaiting sentencing. They said the photos were misrepresented.

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"As the result of DDA Wells' illegal ... communications, Mr. Polanski has been subject to a punishment that has spanned the course of over 30 years," the motion stated, noting he has been deprived of opportunities to work on films outside France.

My view (and not just based on the documentary): Drop the charges and let Roman come home.

Full post as published by TalkLeft on December 03, 2008 (boomark / email).