Extradition Request for Convicted Rapist Roman Polanski Denied

[Babbler]

Roman Polanski escapes extradition

(UKPA) – 2 hours ago

Roman Polanski is a free man after Switzerland rejected a US request to extradite him on a charge of having sex with a 13-year-old girl in 1977.

The Swiss mostly blamed US authorities for failing to provide confidential testimony about the film director's sentencing procedure in 1977-1978.

The Justice Ministry also said national interests were taken into consideration in the decision.

"The 76-year-old French-Polish film director Roman Polanski will not be extradited to the USA," the ministry said in a statement. "The freedom-restricting measures against him have been revoked."

Polanski's lawyer said the director was still at his Swiss chalet in Gstaad, where he's been under house arrest since December.

Switzerland's top justice official said he could now leave. "Mr Polanski can now move freely. Since 12.30 today he's a free man," Justice Minister Eveline Widmer-Schlumpf declared.

Approving extradition had seemed the likeliest scenario after Polanski was arrested in September as he arrived in Zurich to receive an award from a festival. Polanski had also suffered a series of legal setbacks this year in California courts.

Widmer-Schlumpf said the decision was not meant to excuse Polanski's crime, saying the issue was "not about deciding whether he is guilty or not guilty".

In the case, the Oscar-winning director of Rosemary's Baby, Chinatown and The Pianist had pleaded guilty to one count of unlawful sexual intercourse.

What happened after that is a subject of dispute. The defence says the now deceased judge, Laurence J Rittenband, had agreed in meetings with attorneys to sentence Polanski to a 90-day diagnostic study and nothing more. The judge later changed his mind and summoned Polanski for further sentencing - at which time he fled to his native France, attorneys say.

Copyright © 2010 The Press Association. All rights reserved.

Are you happy or unhappy with this decision?

 

[Ulyaoth]

Time to teach those Swiss a lesson about harboring terrorists, get to invading, Obama!

 

[illram]

I am a little disappointed that the Swiss are not following their extradition obligations on what appears to be favoritism for the rich and famous.

Apparently the Swiss Judge was convinced that Polanski had enough credit for time served to make any further sentencing irrelevant. (Based on the NY Times article I read this morning). How he came to that conclusion based on hearsay promises of a dead judge and before sentencing even occurred is beyond me.

 

[Truronian]

He should have gone to prison years ago, France should have extradited him back when the crime was committed... sending him to prison nowadays would not really accomplish anything (though I won't lose any sleep were it to happen).

 

[MobBoss]

Was thinking about bumping one of our old threads about this, but then again, we had several on it, so a new thread on this is probably fine.

I am unhappy with this decision, as I wanted him to come back to the USA and face the music for fleeing back when he did, and also to put the whole thing to rest for once and for all.

Basically, Polanski got off scott free for drugging and raping a 13 year old girl, and was never held accountable for it.......there were also additional allegations after his current detention that he had done this to other underage starlets as well.

This one just goes under the header of 'famous and wealthy scumbag goes free'.

 

[Earthling]

It's not a great decision but I wasn't surprised by it, the extradition issue was causing too much fuss politically/diplomatically.

 

[Formaldehyde]

According to the article, the matter appears to be about the inconsistent rulings of a now-dead judge:

The Swiss mostly blamed US authorities for failing to provide confidential testimony about the film director's sentencing procedure in 1977-1978.

What happened after that is a subject of dispute. The defence says the now deceased judge, Laurence J Rittenband, had agreed in meetings with attorneys to sentence Polanski to a 90-day diagnostic study and nothing more. The judge later changed his mind and summoned Polanski for further sentencing - at which time he fled to his native France, attorneys say.

 

[MobBoss]

According to the article, the matter appears to be about the inconsistent rulings of a now-dead judge:

Doesnt legitimize Polanski fleeing prior to sentencing. If he truly felt he was being done wrong, he should have been able to prove that upon appeal and gotten it (partially) reversed.

Point being, there was a legitimate way for him to address his complaints via the legal process. He choose to not go that way and simply flee punishment for his crime.

 

[Formaldehyde]

I agree he never should have fled. But I also have no idea why the federal government refused to provide the information the Swiss judicial system requested. Do you?

 

[Mr. Dictator]

I thought it was ok for money to flee to Switzerland to avoid the American system?

But really, this is ok with me as the "victim" has already said she doesn't really care, and i would feel the same way if it weren't such a famous case.

 

[illram]

What the victim thinks is irrelevant to whether Mr. Polanski needs to show up for sentencing. What his sentence is, maybe, but not whether he needs to show up. He should be made to show up just like everyone else.

 

[Formaldehyde]

Not to mention she was there with her mother. Casting couches are quite prevalent in Hollywood, although most producers and directors typically cofine themselves to people who are a bit older.

 

[GinandTonic]

I agree he never should have fled. But I also have no idea why the federal government refused to provide the information the Swiss judicial system requested. Do you?

Yeah this is what I dont understand. If this is the paperwork the Swiss Judge requires to verify the US position is kosher not providing it seems bizarre.

 

[Winner]

Told ya.

Good decision, but it should have never happened in the first place.

 

[MobBoss]

I agree he never should have fled. But I also have no idea why the federal government refused to provide the information the Swiss judicial system requested. Do you?

Case is 30 years gone...perhaps what they wanted is now lost, or was simply unable to be provided. Or perhaps they were provided with what the US did have....and simply deemed it unsufficient.

Told ya.

Good decision, but it should have never happened in the first place.

I agree that Polanski should never have drugged and raped a 13 year old girl. Yes.

 

[EnglishEdward]

I find this dissappointing.

Furthermore I do not believe it appropriate for the Swiss judge to seek
to review an incomplete and therefore inapplicable sentencing process.

 

[illram]

The Swiss demanded a transcript of testimony from January of this year of the original prosecutor regarding the original sentence. Apparently Polanski was sentenced to 90 days of psychiatric evaluation in prison, but was released after 42 days by an evaluator. When the Judge ordered another hearing to put Polanski back in prison to finish the 90 days and submit to voluntary deportation, Polanski fled. I guess there was testimony given by the original prosecutor in some hearing in January of this year about what happened, and the DOJ refused to turn over the transcript. Articles all refer to the transcript ambiguously as "confidential."

I suspect the DOJ's reluctance to release the transcript is due to whatever sloppy process, judicial or prosecutorial or both, the transcript reveals, and their opinion that the transcript is irrelevant. Presumably it details whatever led to Polanski being released, and then being called back into court for another hearing to send him back to jail. News articles are frustratingly sparse on details. An old AP story on a CA Appellate Decision citing allegations of judicial misconduct shows that the original trial Judge (and the prosecution?) may have been embarrassed by public outrage after Polanski's initial sweetheart 90-day sentence was made public, and the DA and the Judge wanted another bite at the defendant. (However, the defendant never finished the original sweetheart sentence anyway...)

Nonetheless I am concerned that Polanski's celebrity and political pressure from high-ranking French officials unduly influenced the Swiss to refuse the extradition request, something they do only 5% of the time...

 

[Winner]

I agree that Polanski should never have drugged and raped a 13 year old girl. Yes.

Nope, what I meant was that the Swiss shouldn't have bothered arresting him. Totally useless.

 

[Samson]

I am really torn by this. On one hand we have a rich scumbag who really should do some time. On the other we have a massivly one sided extradition procedure that normally involves european govenments bending over backward to extradite their citizens to the US, and the US not handing over people accused of far more serious crimes.

 

[GinandTonic]

I am really torn by this. On one hand we have a rich scumbag who really should do some time. On the other we have a massivly one sided extradition procedure that normally involves european govenments bending over backward to extradite their citizens to the US, and the US not handing over people accused of far more serious crimes.

There is always an element of that but in this case it does seem to be overwhelming. If they cant even be bothered to produce the paperwork I torn between believing they dont really want him but rather just to put on a PR show or that they really are so hopelessly arrogant they believe they dont have to demonstrate due process.