Polanski seeks dismissal of sex charges (VAR, THR, NYT, LAT)

By Nancy Tartaglione-Vialatte

Roman Polanski has asked the Los Angeles County Superior Court to dismiss the decades-old sexual misconduct charges which have kept him from returning to the US since 1978. Marina Zenovich’s recent documentary, “Roman Polanski: Wanted and Desired,” was cited by the filmmaker’s attorneys who said, "extraordinary new evidence" had surfaced with the release of the film.

The complaint focuses on interviews in which then-deputy District Attorney David Wells admits discussing the case with Judge Lawrence Rittenband during legal proceedings and further charges the current District Attorney's Office with misconduct in statements made upon the documentary’s release last June.

Polanski, the complaint charges, "was and continues to be the victim of repeated, unlawful and unethical misconduct on the part of the LA District Attorney's Office and LA Superior Court."

The filmmaker fled the US before his sentencing in 1978. Since then, there have been several attempts to resolve the case. The victim, Samantha Geimer, has repeatedly requested that the charges be dropped. Polanski has been reluctant in the past to revisit the case but now appears eager to clear his name, reports Variety.

New attorneys have taken up his case, since Douglas Dalton, his longtime attorney, has retired. Chad Hummel of Manatt, Phelps & Phillips and Bart Dalton (Douglas' son) of Cauley Bowman Carney & Williams filed the complaint on behalf of the director.

The attorneys issued a joint statement alluding to Zenovich’s film, but declined to comment further. "The release of the documentary film 'Roman Polanski: Wanted and Desired' and its aftermath have revealed a pattern of misconduct and improper communications between the Superior Court and the District Attorney's Office, in violation of the rule of law and without the knowledge of the defendant or his counsel," they said. "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."

For its part, the court declined comment on the case itself, says The Hollywood Reporter, but said its position for several years has been "if Mr. Polanski wants to resolve this matter, he must appear in person. Should he do so, he would be taken to Dept. 100 for sentencing - which is where this all left off. At that point, his attorneys would be free to pursue whatever legal strategy they choose."

In general, fugitives do not have a right to demand such review, but judges have a wide berth when it comes to overturning convictions if they find that the court system has been abused. A hearing has been set for Jan. 21.

Polanski resides in Paris and is a French citizen. He won the best director Oscar in 2002 for “The Pianist.” Unable to attend the ceremony, Polanski received his statue at the Deauville Film Festival where it was presented to him by his “Frantic” star, Harrison Ford.