Polanski's Lawyers Fight for Case Dismissal


Roman Polanski at the 2008 Cannes Film Festival - Day 12. Palme d'Or Closing Ceremony - Arrivals at the Palais des Festivals. Cannes, France - 05/25/2008
Lawyers representing Roman Polanski have urged a three-judge California appeals court to reconsider throwing out a 32-year-old child sex case against their client.

The filmmaker, who is currently under house arrest in Switzerland, has been living in exile in Europe since fleeing to France on the eve of sentencing in 1978 after he pleaded guilty to having sex with a 13-year-old girl at a Hollywood party in 1977.

His attorneys made another attempt to have the criminal case dismissed on Thursday, telling the panel of justices that Polanski's treatment by the California courts and prosecutors was "a really remarkable, astonishing record of misconduct."

They accused original trial judge, Laurence Rittenband, who died of cancer in 1993, of misconduct and unethical acts more than 30 years ago.

Attorney Chad Hummel told the court, "I would argue to dismiss the case here and now... It sends chills up your spine what Judge Rittenband was doing."

The prosecution argued that the Rosemary's Baby director should make an appearance in court to bid for a dismissal.

Deputy district attorney Phyllis Asayama said, "Do we want to send a message not only to this defendant but to other defendants that fleeing is an option?"

The judges are expected to make a decision within 90 days.

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