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Roman Polanski Freed, Extradition Denied

Roman Polanski has been freed. The Swiss have denied the extradition request.

The Swiss Justice Ministry said in a statement that the decision reflected doubts over the legal strength of the U.S. extradition request, in particular concerning negotiations between Los Angeles prosecutors and Polanski's U.S. attorneys at the time. Justice Minister Eveline Widmer-Schlumpf said at a news conference that Polanski is now free to leave Switzerland and return to his home in France.

The Swiss statement states the decision was based on the request itself and the refusal of the U.S. to provide sealed testimony regarding the alleged misconduct of the prosecution and Judge, and the Swiss national interest. [More....]

Switzerland blamed U.S. authorities for failing to provide confidential testimony about Polanski's sentencing procedure in 1977-1978. The Swiss government said it had sought confidential testimony given Jan. 26 by Roger Gunson, the Los Angeles attorney in charge of the original prosecution against Polanski. The United States rejected the request.

In 2009, the French Minister went so far as to call the extradition request "sinister."

Absolutely the right decision in my view. The Swiss press release is here.

Our prior coverage of the case is here.

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    I think the howling (5.00 / 3) (#1)
    by JamesTX on Mon Jul 12, 2010 at 12:07:34 PM EST
    protesters should be referred immediately to the U.S. authorities who "rejected the request." In the same logic that applies to all their actions, if there is nothing to hide, then why didn't they turn it over?

    It does seem (5.00 / 1) (#3)
    by Zorba on Mon Jul 12, 2010 at 12:17:00 PM EST
    strange that the testimony given by Gunson was "confidential" and not turned over to the Swiss.

    Parent
    It is my understanding former DDA Gunson (5.00 / 1) (#94)
    by oculus on Tue Jul 13, 2010 at 11:46:20 PM EST
    was deposed pursuant to court order because he is ill.  The testimony is only admissible in lieu of his "live" testimony if he becomes unable to give live testimony.  Statutory under CA law.  

    Parent
    Well (5.00 / 2) (#2)
    by squeaky on Mon Jul 12, 2010 at 12:15:20 PM EST
    No one can say that the Swiss did not give the US a chance to prove that they were honest brokers.

    "Sinister" about sums it up, imo.

    A win for Lady Justice, despite the US efforts to sully her name.

    I was thinking about this this morning (none / 0) (#4)
    by Slado on Mon Jul 12, 2010 at 12:20:04 PM EST
    and I am now of the opinion of why is the state of CA who can't afford to pay their own state employees wasting money trying to bring back an old pedophile into our country?

    Isn't the point of prosecuting sex offenders to get them off the street?

    We'll he's off our streets and living the high life in a part of the world who can't be bothered to worry about a silly issue like sex abuse or pedophilia.

    Let by gone's be by gone's and worry about the actual pedophiles still living in CA rather then an old famous one living in Switzerland.

    Parent

    Yes (5.00 / 1) (#5)
    by squeaky on Mon Jul 12, 2010 at 12:23:26 PM EST
    Good point, but the reason the state money is being spent, is so that Politicians can get elected. Everyone loves a Pol who wants to punish sex offenders.

    Anyway hope your heath is ok, and that you are recovering quickly.

    Parent

    On Politics (5.00 / 1) (#69)
    by kaleidescope on Mon Jul 12, 2010 at 07:02:45 PM EST
    This development could have a political effect.  Steve Cooley, the current L.A. District Attorney -- a Republican -- is the one who has so relentlessly pursued Polanski, mainly because he thinks it will help him politically.  

    Cooley is currently running for California Attorney General against Kamala Harris, the San Francisco D.A. and a Democrat.

    Given that it was Cooley's office that refused to hand over the testimony, which was the reason Switzerland rejected the extradition, this should be embarrassing to Cooley or -- at the very least -- take from his quiver what he was expecting to be a significant arrow.

    Parent

    Good Luck (none / 0) (#71)
    by squeaky on Mon Jul 12, 2010 at 07:47:40 PM EST
    Even on this blog, which you would think commenters would get that point, many are blaming the swiss... I could see how Cooley could easily turn the swiss into the new french fries.

    Parent
    Well (none / 0) (#78)
    by kaleidescope on Mon Jul 12, 2010 at 10:20:10 PM EST
    There won't be an OJ-style Polanski circus paraded before the media just before the election.  This happening would have been of immense political benefit to Cooley.  That alone is something to be grateful for on so many levels.

    We also won't be having Nancy Grace and Greta Van Susteren running show after show talking to idiot criminal justice pundits about how the creep Polanski should fry.  Thank god for that.

    Face it -- what Polanski did was pretty creepy.  But what the media would do with a Polanski booking and sentencing would be even creepier -- and by a long shot.

    Parent

    Yup (none / 0) (#80)
    by squeaky on Mon Jul 12, 2010 at 10:35:13 PM EST
    There is a big hunger for this sort of thing here, and that it happened 30+ years ago, gives those looking to milk it a free hand.  Looks like Cooley is running his election on getting his man. Maybe he will hire a bounty hunter, for extra drama as the election nears.

    Parent
    Well of course (none / 0) (#49)
    by Slado on Mon Jul 12, 2010 at 03:36:36 PM EST
    Thanks for the thoughts.

    Down to only a few narcotics a day and am back at work (notice the additional blogging!).

    Parent

    Wow, um, not a silly issue to many. (5.00 / 2) (#10)
    by Dr Molly on Mon Jul 12, 2010 at 12:53:51 PM EST
    a silly issue like sex abuse or pedophilia.



    Parent
    So correct, and thank you for saying it (5.00 / 1) (#14)
    by Militarytracy on Mon Jul 12, 2010 at 01:08:04 PM EST
    As if any of this wouldn't set my hair completely on fire and cause me to felony speed upon learning that Roman Polanski was babysitting my two granddaughters.

    Parent
    I don't think Roman (none / 0) (#57)
    by JamesTX on Mon Jul 12, 2010 at 04:07:43 PM EST
    will be doing much babysitting from now own. I understand he is busy.

    Parent
    Sure What Polanski Did Was Criminal (none / 0) (#70)
    by kaleidescope on Mon Jul 12, 2010 at 07:04:17 PM EST
    But the kind of sentences handed out to people like Polanski, and they way they are treated in prison and after they get out is an even bigger crime.

    Parent
    Um what (5.00 / 1) (#81)
    by Socraticsilence on Mon Jul 12, 2010 at 11:57:27 PM EST
    sorry, but the crimes he was initially accused of, and the crime he eventually pleaded guilty to are not over punished- at least not at the age disparity which existed in his case.

    Parent
    You are correct, nothing silly about (none / 0) (#13)
    by Untold Story on Mon Jul 12, 2010 at 01:06:26 PM EST
    sex abuse or pedophilia.

    However, in this case, you have the victim who doesn't want to testify, and then you have misconduct on the part of the prosecution and even the judge, so what kind of a case is there?

    Just a waste of money in seeking fifteen minutes of fame!  

    Parent

    Uh huh. (none / 0) (#15)
    by Dr Molly on Mon Jul 12, 2010 at 01:08:53 PM EST
    But this is not what I replied to, I replied to a general phrase "a silly issue like sex abuse or pedophilia." Disgusting IMO.

    Parent
    Yes, but you took it out of context (none / 0) (#18)
    by Untold Story on Mon Jul 12, 2010 at 01:30:54 PM EST
    Perhaps I misundersootd then. (none / 0) (#19)
    by Dr Molly on Mon Jul 12, 2010 at 01:36:46 PM EST
    It referred to parts of the world (none / 0) (#20)
    by Untold Story on Mon Jul 12, 2010 at 01:40:05 PM EST
    with different laws and opinions than US regarding these issues.

    Parent
    not only does (5.00 / 1) (#25)
    by Capt Howdy on Mon Jul 12, 2010 at 02:12:18 PM EST
    the "victim" not want to testify.  she says he should be left alone.

    Parent
    Dr (none / 0) (#45)
    by Slado on Mon Jul 12, 2010 at 03:32:30 PM EST
    I was being sarcastic and commenting on the fact that Europeans so value the art over the person that they actually gave him an award and don't care what he does in his bedroom.

    It probably also is laced with some good old fashioned America hatred and since it was America vs. Polanski the Europeans will fall all over themselves to defend a "victim".

    Jeralyn's point is the correct one.  No mater what you think of this mans act (and it was horrible) the state of CA tried to railroad a guilty man.   The totally abused their power and if they could screw up a case against a guilty man this bad what happens if you're innocent.

    It's 30 years removed.  It's a shame the judge and prosecutor couldn't convict a guilty man but he can't come back so we should all move on.

    Parent

    Slado, thanks. (none / 0) (#46)
    by Dr Molly on Mon Jul 12, 2010 at 03:34:59 PM EST
    I understand your comment now; I misinterpreted it.

    Parent
    railroad a guilty fugitive??? (none / 0) (#77)
    by diogenes on Mon Jul 12, 2010 at 08:54:55 PM EST
    "...the state of CA tried to railroad a guilty man."

    Gee, why should anyone want to extradite a fugitive who also happened to be guilty?

    Parent

    Uh (none / 0) (#16)
    by jbindc on Mon Jul 12, 2010 at 01:15:41 PM EST
    It doesn't matter what the victim (or "complaining witness") wants except for trial strategy.

    And here you have allegations of misconduct - nothing that has been legally.

    Parent

    So, please (none / 0) (#17)
    by Untold Story on Mon Jul 12, 2010 at 01:24:04 PM EST
    what is the sense in trying to get someone back from Europe for almost a hundred years,

    when they have not first established if they have a case with a victim (witness) who won't testify,

    and, why don't they establish whether or not misconduct by the prosecutors and judge is valid?  Think the judge is dead - not sure - but there is a big cloud of suspicion which should be cleared up - it is a big bag of crazy at the end of anyone's day, imo.  

    Parent

    What is the sense? (none / 0) (#21)
    by jbindc on Mon Jul 12, 2010 at 01:40:49 PM EST
    I dunno.  Maybe we shouldn't pursue anyone who commits a crime - what's the point?  I know some around here would like that.  Maybe we should let everyone do what the heck they want to - where do you live?  I'll come by and take what I like.

    And I don't know why they haven't pursued an investigation into the DA and judge?  I mean - what would be the point after all these years?  Or maybe there isn't anything really there?

    Parent

    Understand your frustration (none / 0) (#23)
    by Untold Story on Mon Jul 12, 2010 at 01:47:03 PM EST
    however, when law enforcement does not present facts, lies, misrepresents, become overly zealous to be right - even if wrong, do not have a victim who wants to testify, and cannot produce a 'clean' case, then, in my opinion, there is reasonable doubt.  Any and all cases with these characteristics should be thrown out rather than prosecuted with good taxpayers money.

    Just my opinion.

    Parent

    At one level (none / 0) (#24)
    by nyjets on Mon Jul 12, 2010 at 01:49:17 PM EST
    At one level you are correct.
    If this was  a simple case of someone skipping bail you would be correct.
    However, in this case a plea deal had been reached and it looked life the Judge planned to do something to bypass the deal. Roman had good reason to beleive that his rights were being violated.
    Do not misunderstand me, I hate Roman Polanski for what he did. He should spend most of his life in prison for what he did. But a legit plea deal was in place and the judge totally messed up the situtation.
    At this point, it is just not worth pursing the mammer. Polanski will get away it. And you can thank the judge for this whole situation.

    Parent
    This victim is the reason Polanski was (none / 0) (#95)
    by oculus on Tue Jul 13, 2010 at 11:49:14 PM EST
    pffered a plea to unlawful sexual intercourse.  Since Polanski accepted the plea bargain, there would be no trial, unless Polanski requested the court here set aside the plea.  So far, he hasn't.

    Parent
    You are right (none / 0) (#40)
    by JamesTX on Mon Jul 12, 2010 at 03:08:13 PM EST
    It is not silly, but it is way overrated in the United States. It is a vent for general hatred that has nothing to do with caring about children. It really has its roots in the religious right's backlash against sexuality in general and, as some would argue, is as strong as it is because the backlash people merged with those who are obsessed with the feminist rape cause. It therefore has a huge base that is actually motivated by other issues to which it is ancillary.

         If Americans cared half as much about children as you might gather from the way they hound people charged with sex offenses, we wouldn't need CHIPs, educational funding, or any of numerous things that actually protect children from harm. In fact, most of those chasing sex offenders probably vote against the things that actually help children every chance they get.



    Parent
    That is your opinion. (none / 0) (#43)
    by Dr Molly on Mon Jul 12, 2010 at 03:17:52 PM EST
    I do not agree. I've worked and volunteered extensively with victims of abuse. It most certainly IS caring about the safety of children TO ME.

    Parent
    It may be for you (5.00 / 1) (#48)
    by JamesTX on Mon Jul 12, 2010 at 03:36:21 PM EST
    and I make no claims about individuals without more information. I am talking about what things look like at the societal level. As a group, Americans don't seem to care much about children in the many ways they need care, but they jump on this with vigor and unexplained enthusiasm.

    Parent
    You actually make a lot of claims (none / 0) (#52)
    by Dr Molly on Mon Jul 12, 2010 at 03:54:49 PM EST
    which, IMO, are unsubstantiated opinions. Such as 'rooted in hatred' and 'religious backlash', etc.

    I know many people in helping professions and advocacy groups working against sexual abuse and helping victims of such, and not one of them is motivated from hatred or religion.

    Parent

    Ignoring What He Said? (5.00 / 1) (#54)
    by squeaky on Mon Jul 12, 2010 at 03:58:25 PM EST
    I am talking about what things look like at the societal level.

    Not sure where you get your information but all one has to do is take stroll around the internet and see that the majority of americans want Polanski's blood....  ok some want him to rot in jail for the rest of his life and get repeatedly raped by his fellow prisoners.

    Parent

    I suspect not (none / 0) (#55)
    by JamesTX on Mon Jul 12, 2010 at 04:01:28 PM EST
    Since it has become institutionalized, it is now a good source of income in the waning revenues of the mental health field. And yes, it is my opinion. I didn't know we were writing research papers or trying cases here!

    Parent
    It has nothing to do with income. (5.00 / 0) (#56)
    by Dr Molly on Mon Jul 12, 2010 at 04:06:00 PM EST
    I get paid nothing for my volunteer work with these victims. And most of those I work with get paid hardly anything - those fields are more poorly paid than most.

    What is more institutionalized in our society, in my opinion, is trivialization of the effects of rape and sexual abuse.

    Parent

    You keep jerking (5.00 / 4) (#60)
    by JamesTX on Mon Jul 12, 2010 at 04:17:02 PM EST
    me back and forth from your case to society. Can we just agree to disagree? I am sorry, but it is the way I feel. You are free to continue what you are doing. I am free to continue to opine. I have a story, too. Many other people have stories. I have seen this issue hurt good people very badly, and in very unjustified ways. I have seen innocent people suffer because of it. I have my story, too, and it affects my opinion. I am glad you are happy in what you are doing. Just don't tell the rest of us we have to see it your way. That kind of intolerance and obsession is the hallmark of the insanity I see in all this. You guys won't quit until you force everybody to do your bidding. Did it ever occur to you that you may be wrong about some of these things and there may be another point of view?

    Parent
    Good point. (none / 0) (#6)
    by JamesTX on Mon Jul 12, 2010 at 12:33:37 PM EST
    Isn't the point of prosecuting sex offenders to get them off the street?
    But the American infatuation with chasing and jailing sex offenders has nothing to do with incapacitation. It is pure vengeance. They won't be happy until they are certain he suffers for the rest of his life.

    Parent
    He's a celebrity. (none / 0) (#47)
    by republicratitarian on Mon Jul 12, 2010 at 03:36:18 PM EST
    Celebrity convictions=Re-election.

    Parent
    Blind Justice is American Folklore (5.00 / 1) (#7)
    by ScottW714 on Mon Jul 12, 2010 at 12:35:50 PM EST
    Lady Justice is a mouthpiece for the wealthy, and an enemy of society's unalienable rights.  Her Scales of Justice always lean to the side with the the bankroll.

    The United States (none / 0) (#9)
    by JamesTX on Mon Jul 12, 2010 at 12:48:46 PM EST
    has ample resources to prosecute any such case. It may true that he would be dead meat if he weren't wealthy and famous, but it also drives home a point about how this madness has to stop for everybody.

    Parent
    Disagree (none / 0) (#11)
    by squeaky on Mon Jul 12, 2010 at 12:56:25 PM EST
    It may true that he would be dead meat if he weren't wealthy and famous

    It is because he is famous that he is being sought. A feather in the cap of any Politician, who is able to ride on the fame of Polanski, and bring him down.

    Were he an unknown schmo, no one would care, and therefore no Pol would bother as the effort would yield nothing to advance his or her career.

    Parent

    If he was an unknown schmo (5.00 / 2) (#12)
    by jbindc on Mon Jul 12, 2010 at 01:00:13 PM EST
    He wouldn't have been able to get a deal in the first pl acewhere he got 42 days being evaluated, nor had the resources to flee the country and live in a chalet abroad.

    Parent
    BS (5.00 / 1) (#22)
    by squeaky on Mon Jul 12, 2010 at 01:40:54 PM EST
    The deal had nothing to do with his being famous. The sentence was not out of the ordinary at that time, nor was the victim's request to not press charges in lieu of a plea deal, unusual.

    Parent
    his prosecution was (5.00 / 1) (#26)
    by Capt Howdy on Mon Jul 12, 2010 at 02:14:02 PM EST
    entirely because of his celebrity.

    Parent
    I See (none / 0) (#27)
    by squeaky on Mon Jul 12, 2010 at 02:19:42 PM EST
    You did not follow the story, nor research similar cases outcome during the time period.

    And I am not disputing that he was and is famous, I am disputing that he got a special deal because of his celebrity status.

    Contrary to popular belief, celebrities generally get a worse deal than their less famous counterparts.

    Parent

    I do not think that is true (none / 0) (#28)
    by nyjets on Mon Jul 12, 2010 at 02:27:34 PM EST
    As a general rule celebrities do get great deals.
    It depends on how much press exists for the alledged crime.
    And Roman did get a great deal for being a celebrity. If he was a no-body, he would of gotten a harsher deal.

    Parent
    Always like your posts (none / 0) (#31)
    by Untold Story on Mon Jul 12, 2010 at 02:49:30 PM EST
    but beg to differ - he did get a pretty harsh deal in that the prosecutor and judge agreed on terms, then decided to disagree, leaving RP at the mercy of the court (but with a guilty plea) - so he left town and has been hunted for heaven knows how many years!  I doubt if a day goes by that he doesn't think about his wrong, or look over his shoulder.

    Parent
    I was wondering if he ever had any remorse (none / 0) (#38)
    by sarcastic unnamed one on Mon Jul 12, 2010 at 03:06:06 PM EST
    for what he did to her.

    Parent
    I followed the story closely (none / 0) (#30)
    by Capt Howdy on Mon Jul 12, 2010 at 02:48:57 PM EST
    I believe I am agreeing with you:

    celebrities generally get a worse deal than their less famous counterparts.

    if he was joe blow he would have gotten time served and it would have been over.

    Parent

    OK, Sorry To Get It Wrong (none / 0) (#36)
    by squeaky on Mon Jul 12, 2010 at 02:58:51 PM EST
    But, relatively speaking, at the time, his sentence/plea deal was hardly unusual. True, Polanski did get an extra kick with the 90 day stint in Chino, which was presented as "evaluation" even though it was intended as "punishment".  

    Parent
    Squeaky, history (5.00 / 1) (#44)
    by JamesTX on Mon Jul 12, 2010 at 03:29:30 PM EST
    is important here, not only because of the timing of Polanski's case but because what has happened in this area is indicative of the fact it is a political phenomenon more than an actual criminal problem. The bizarre intolerance and hatred of this class of offenders started about half way into the Reagan revolution. Before that, they were very much viewed as mentally ill and in need of treatment (unless they were, say, Black, and the victim was say, White -- stuff like that). Very light sentences were the norm, with lots of referral to mental health. Society just simply didn't deal openly with sex in those days, even in the courtroom.

         Of course, it still is a mental health issue as far as I am concerned. The widely propagated myth that pedophiles always re-offend is just that. Studies have shown otherwise. Also, the line between pedophilia and sex with adolescents, who are physically sexually mature and capable of initiating or inviting sexual advances, has been blurred. Many adolescents are prostitutes. They thoroughly understand and use sex for a purpose. Others have joined the movement and actively use every opportunity they can to entice older people to cross the line so they can cry foul because it gains them so much attention and support. The first thing the kids learn in school nowadays is "teacher touched me."

         It is one of those social phenomena which have simply gotten out of hand and been taken to absurd extremes. That is because of a number of different things, including politics, religion, social movements, and natural emotional sensitivity of the issue which prevents clear communication and promotes misunderstandings.



    Parent
    A hundred year old case (5.00 / 1) (#8)
    by Untold Story on Mon Jul 12, 2010 at 12:44:32 PM EST
    the continuing financing and exposure befits America's Most Wanted #1 fugitive (since it seems impossible ever get Osama).

    Actually, my opinion (5.00 / 2) (#66)
    by JamesTX on Mon Jul 12, 2010 at 05:17:18 PM EST
    probably would not change much, but you are correct that I am here because it is TalkLeft and not TalkRight. It would depend a lot on whether the police officer was accused of sexual acts 30 years ago or he shot an unarmed man in the back while he was pinned face down on a train station platform. Oddly enough, who do you think the public would say deserves more time? I find that amusing, in a tragic sort of way.

    I thought this was predictable. (5.00 / 1) (#85)
    by Lupin on Tue Jul 13, 2010 at 01:24:58 AM EST
    As squeaky above rightly pointed out, under the terms of the extradition treaty between the US and Switzerland, an offense is extraditable only if it is punishable by a prison term of one year or more.

    Polanski's original sentence was 90 days of which he had served 42 says, so unless the DA could prove otherwise, which they failed to do, there was no other possible outcome.

    I have to add my usual statement that Polanski being a French citizen, he was perfectly within his rights to leave an obviously untrustworthy jurisdiction and return to his own country.

    Had the case been deemed morally or legally important, it would have been easy for the victim or the DA to file a criminal complaint in France. Under the French penal code, evidence of unlawful sex with a 13-year-old would have resulted in a mandatory sentence of no less than 5 years.

    The fact that the DA relied instead on this botched up and somewhat fraudulent extradition case is IMHO an indication that there's something seriously wrong with the DA office.

    Polanski (none / 0) (#108)
    by yuri nahl on Thu Jul 15, 2010 at 04:46:20 AM EST
    I thought I was an ignorant idiot because I know nothing about the law, but there are actually some people worse than me! I can read the decisions and the structure of events and have been able to find more about this case within a short time. I have pointed out the pertinent aspects, but it's rabid out there! It seems worst in America. They kick Lindsay when she's down, prey on Polanski like vultures, completely ignoring the law! Someone posted somewhere "Europeans can prioritize because they have had years in their recent history in which they could be dead tomorrow, so they will seize to day". Which I agree with.  I thank you Lupin for a clear and informed contrast to the "villagers with their torches, heading toward the castle"  This neurosis seems to follow Roman and Lindsay!

    Parent
    Wow (4.50 / 2) (#41)
    by squeaky on Mon Jul 12, 2010 at 03:11:16 PM EST
    And what he was charged originally with (and what really happened) are completely different things things. Anyone else who did what he did,

    Well clearly you always believe that the charges by the government are what the defendant actually did. Good to see that you are finally committing your principal to ink. Never a need for a trial that way, big money saver, if you do not count the long prison sentences, that is.

    Fascists run things that way too.

    Forced Sex? (4.00 / 3) (#34)
    by squeaky on Mon Jul 12, 2010 at 02:51:33 PM EST
    Not what Polanski pled to. But why stick with the facts when you can throw gasoline on the fire.

    the comment you are replying to (5.00 / 1) (#87)
    by Jeralyn on Tue Jul 13, 2010 at 02:01:18 AM EST
    was deleted for falsely stating as fact he had forced sex with the accuser. That wasn't part of the charge he pleaded guilty to.

    Parent
    And as I said (none / 0) (#89)
    by jbindc on Tue Jul 13, 2010 at 08:05:48 AM EST
    What he pled to had nothing to do with what he was originally charged with, nor what reality is.  It was a relevant statement because the assertion was made that he was treated more harshly because he was famous.  My point, which many agree with, was that had been able to plead down from 6 charges with heavy sentences to the one charge with a very light sentence, which included time being evaluated.

    So no, it was NOT false information, but in response to the actual conversation taking place.  

    Parent

    your reality (none / 0) (#109)
    by Jeralyn on Thu Jul 15, 2010 at 07:04:54 AM EST
    is not reality. It's what you think happened. The more serious charges were never proven. You assume he committed them. That's not reality. That's your belief.

    Many people refuse to plead to more serious charges because they know they aren't guilty of them.

    Parent

    I felt good reading this (none / 0) (#33)
    by Capt Howdy on Mon Jul 12, 2010 at 02:50:54 PM EST
    this morning.  now watching the "law and order" folks froth, I feel even better.


    Not for anything (none / 0) (#35)
    by nyjets on Mon Jul 12, 2010 at 02:55:24 PM EST
    There is nothing good about the case.
    Roman Polanski should of been punished for what he did. The primary reason why he is not being punished is because of what the Judge did. Because of the judge, we got this mess to start with.  We now have this bad (but nonetheless correct) ending to this mess which should not make anyone happy.

    Parent
    There was nothing (none / 0) (#51)
    by JamesTX on Mon Jul 12, 2010 at 03:52:43 PM EST
    out of the ordinary about the disposition of the case at the time it occurred. Thus saying he is "not being punished" suggests he would have gone to jail for ever and ever (as Americans now see as the only just outcome). He wouldn't have. The most he would have gotten was another 45 days of "evaluation". He would have been long gone by now, and would have probably been released with time served if the prosecutor hadn't tried to cut a political deal with the judge to turn it into a law-and-order statement. This was the time when the seeds of the current attitudes were just sprouting. My understanding is it was the prosecutor who urged the judge to renege on the plea deal by threatening him politically.

    Parent
    I am sorry I mistyped (none / 0) (#79)
    by nyjets on Mon Jul 12, 2010 at 10:25:54 PM EST
    I meant that because o fthe judge Polanski would not be punished.
    I did  not mean that the plea deal meant that Polanski would not be punished (it was just a slap on the wrist IMO).
    I blame the judge, and the prosector for messing up Polanski rights and insuring that Polanski will not be punished for his crimes.

    Parent
    It may sound simplistic (none / 0) (#39)
    by Untold Story on Mon Jul 12, 2010 at 03:06:37 PM EST
    but in reality whatever came before the prosecution's plea deal is immaterial once the deal is made.  

    If the prosecutor did not have approval then he should be charged with obstruction of justice.  If he did have approval of the judge, but the judge was later swayed by public opinion (as to perhaps he not getting re-elected) and, thus, changed his mind, then the judge needed to be charged with obstruction of justice and give back his robes.

    And, as a result of all this, a guilty person has left town, and then millions of taxpayers money is spent in trying to get him back - with no consequences to the prosecution or the judge - something just isn't right!

    Was the great effort and expense made because the court was actually trying to cover-up its own faults?  I don't know if anyone can justify the cost involved in this case, when, as other posters point out, on any given day you can ten or twenty guilty of the same offense, right in LA.

    "The Swiss Minister went so far" (none / 0) (#42)
    by sarcastic unnamed one on Mon Jul 12, 2010 at 03:15:30 PM EST
    The Swiss Minister went so far as to call the extradition request "sinister."
    Uh, no. The French Foreign Minister said that...in September 2009.

    thanks, you are right (none / 0) (#88)
    by Jeralyn on Tue Jul 13, 2010 at 02:03:54 AM EST
    I corrected it.

    Parent
    Unfortunately, Polanski is (none / 0) (#50)
    by JamesTX on Mon Jul 12, 2010 at 03:40:51 PM EST
    now in O.J. Simpson's position before he was duped into going to the hotel. He probably needs good security consultants because the people who are motivated by this issue are going to try their best to get him in some other way.

    Yeah (5.00 / 2) (#53)
    by squeaky on Mon Jul 12, 2010 at 03:54:56 PM EST
    It is ok to murder him because he admitted to having sex with an underage girl.

    The paradox, and great hypocrisy of mob rule.

    Parent

    yeah (5.00 / 1) (#58)
    by Capt Howdy on Mon Jul 12, 2010 at 04:11:28 PM EST
    and lets keep the "legal age" higher than most other western countries so we can cast a broader net.

    Parent
    lol (5.00 / 2) (#59)
    by squeaky on Mon Jul 12, 2010 at 04:13:51 PM EST
    The age of consent is 12 in the Vatican State....

    Parent
    Well, there you have it (5.00 / 1) (#61)
    by Zorba on Mon Jul 12, 2010 at 04:35:21 PM EST
    So that's why the Pope was so incensed about the Belgian investigation into the priest sex abusers!  Most of those instances of abuse would have been perfectly legal.....in the Vatican.

    Parent
    Yeah (none / 0) (#63)
    by squeaky on Mon Jul 12, 2010 at 04:44:57 PM EST
    And also the complaints were because it is bad for business.. Much harder to get recruits into the priesthood when attention is drawn to the main reason young men join the priesthood to begin with.

    Takes the mystery out of it, or something...

    Parent

    12 in the Vatican State (none / 0) (#100)
    by Capt Howdy on Wed Jul 14, 2010 at 01:14:34 PM EST
    gawd
    I thought you were kidding.  I had to google.
    I feel dirty just typing it.  I mean, I think the age of consent here is to high but 12?

    funny I googled, why is the vatican age of consent 12.
    answer: because they couldnt make it any younger.

    I guess it explains a lot.


    Parent

    13 would be under most nation states AOCs (none / 0) (#84)
    by Socraticsilence on Tue Jul 13, 2010 at 12:04:16 AM EST
    outside of Vatican city.

    Parent
    the victim (none / 0) (#62)
    by cpinva on Mon Jul 12, 2010 at 04:35:26 PM EST
    doesn't bring charges against anyone, the state does. so her reluctance to testify is totally irrelevant to the issue at hand, if it were even an issue in this case to begin with.

    the issue is mr. polanski's "fugitive from justice" status, under US law. the swiss request itself was irrelevant to the actual issue, and it isn't really up to the swiss to decide whether or not US law is being enforced correctly, per our extradition treaty with them.

    methinks this will come back to haunt the swiss.

    BS (5.00 / 1) (#68)
    by squeaky on Mon Jul 12, 2010 at 05:57:34 PM EST
    and it isn't really up to the swiss to decide whether or not US law is being enforced correctly, per our extradition treaty with them.

    The treaty is explicit. The information needed to extradite was willfully not provided by the US. The Swiss patiently waited, and the US balked.

    Not sure what your fantasy is about extradition treaties, but it doesn't seem to have any bearing on this case.

    Parent

    I agree. (none / 0) (#67)
    by sarcastic unnamed one on Mon Jul 12, 2010 at 05:53:55 PM EST
    Extradition Treaty (none / 0) (#75)
    by squeaky on Mon Jul 12, 2010 at 08:22:17 PM EST
    The major fact that has been hanging over the Swiss incarceration of Polanski pending extradition to the US is the length of the sentence that Polanski will face when in the US.

    The Swiss government's main argument concerned confidential testimony by Roger Gunson, the Los Angeles attorney in charge of the original prosecution against Polanski. The Swiss asked for the transcript, but Washington rejected the request.

    Based on references to Gunson's testimony in U.S. courts, the Swiss said it "should prove" that Polanski served his sentence after undergoing the diagnostic study.

    Considering that the US has been mum on this fact, and that the Gunson testimony could show that Polanski served his sentence and would not be sentenced to additional time, the Swiss decided that the LA County Court is not being an honest broker.

     

    Article 2 provides that an offense is extraditable if it is punish- able by both parties by deprivation of liberty for more than one year. Extradition shall be granted only if the duration of the pen- alty or detention order, or their aggregate, still to be served, amounts to at least six months.

    And considering the egg on the fact the US has for extraditing Pinochet to France because they were assured that the French would honor his POW status and the GC which they did not and never intended to follow, my guess is that the Swiss is not taking any chances.


    the comment you are replying to (none / 0) (#86)
    by Jeralyn on Tue Jul 13, 2010 at 01:51:31 AM EST
    has been deleted due to the objectionable link. For information on the extradition treaty, I suggest my post, where I link to the U.S. Senate report explaining the provisions of the treaty and the Swiss guidelines on applying it.

    Parent
    FWIW (none / 0) (#90)
    by squeaky on Tue Jul 13, 2010 at 02:49:27 PM EST
    LOS ANGELES -- The woman who was the teenage victim in the Roman Polanski sex case says he is not a threat to anyone and charges should be dismissed.

    Samantha Geimer, who long ago identified herself, told the Los Angeles Times in a story posted Tuesday that the case should have been resolved 33 years ago when it happened.

    "Enough is enough," she said of the continuing efforts to prosecute Polanski. She was barred from talking about her civil suit settlement with the director but said it didn't influence her views. "I've felt this way from the beginning."

    Polanski pleaded guilty to unlawful sexual intercourse with her in a plea bargain that has been the subject of controversy. Swiss authorities refused to extradite the Oscar-winning director to the United States on Monday.



    she has been saying this (5.00 / 1) (#91)
    by Capt Howdy on Tue Jul 13, 2010 at 04:05:11 PM EST
    for years.  not that "what she thinks" would have any effect on the vigilantes opinion of the need to punish.


    Parent
    Yeah, I Know (none / 0) (#92)
    by squeaky on Tue Jul 13, 2010 at 04:35:29 PM EST
    That's why I wrote FWIW.....  just thought it was pertinent as she just released the statement in response to the LA prosecutor who is running for CA Attorney General who said he is not going to stop.

    Los Angeles County District Attorney Steve Cooley, who is running for California attorney general, said his office will work with federal officials to have Polanski returned for sentencing if he's arrested in a country with a favorable extradition treaty...

    Cooley called the decision a "disservice to justice and other victims as a whole."

    Read more:

    Parent

    Should it? (none / 0) (#93)
    by Yman on Tue Jul 13, 2010 at 04:53:20 PM EST
    Personally, I prefer the most objective, dispassionate decision possible when it comes to deciding punishment, rather than letting a victim decide.

    Parent
    that very convenient (none / 0) (#97)
    by Capt Howdy on Wed Jul 14, 2010 at 10:20:39 AM EST
    but I wonder how consistent

    Parent
    What ... (none / 0) (#98)
    by Yman on Wed Jul 14, 2010 at 12:14:49 PM EST
    ... do you mean?

    Parent
    what I mean is (none / 0) (#99)
    by Capt Howdy on Wed Jul 14, 2010 at 01:05:46 PM EST
    I wonder if she was saying nail him to a cross you would still be so willing to dismiss her wishes.

    Parent
    That's what I thought ... (none / 0) (#101)
    by Yman on Wed Jul 14, 2010 at 02:35:46 PM EST
    ... you meant.

    Yes, I would be just as willing to "dismiss her wishes".  I don't think a victim can be expected to be fair, impartial, or objective when it comes to sentencing, which is one reason why I oppose the use of victim impact statements.

    Usually, it's the "vigilantes" who want to allow the victims to play a greater role in the sentencing.  So I guess the real question is whether, if she was saying "nail him to the cross", you would be so willing to endorse her wishes as an important factor in Polanski's prosecution/sentencing.

    Parent

    as a matter of fact (none / 0) (#102)
    by Capt Howdy on Wed Jul 14, 2010 at 02:46:40 PM EST
    her feelings have always played a very large role in my feelings about this case.  at times she has seemed the only honest and sane person involved.

    I cant say how I would feel if she wanted his blood. but I suspect it would be different.


    Parent

    So, not very "consistent", ... (none / 0) (#103)
    by Yman on Wed Jul 14, 2010 at 02:56:59 PM EST
    ... but very convenient.

    Parent
    I would ask (none / 0) (#104)
    by Capt Howdy on Wed Jul 14, 2010 at 03:07:46 PM EST
    "in what way" but the truth is I dont give a $hit

    Parent
    Obviously, not, but the "way" ... (none / 0) (#105)
    by Yman on Wed Jul 14, 2010 at 03:34:26 PM EST
    ... is pretty obvious.  You think the victim's wishes are very important if she wants leniency, but admit you "suspect" you would "feel differently" if she wanted a harsh sentence.

    Precisely the inconsistency/hypocrisy you were suggesting when you said "That's very convenient, but I wonder how consistent."

    Parent

    perhaps you should learn to read (none / 0) (#106)
    by Capt Howdy on Wed Jul 14, 2010 at 04:03:46 PM EST
    instead of interpret.
    I said:

    her feelings have always played a very large role in my feelings about this case.  at times she has seemed the only honest and sane person involved.

    I cant say how I would feel if she wanted his blood. but I suspect it would be different.

    in other words I might well feel different about his walking free if the "victim" wanted his blood.
    which she never has.

    but whatever.


    Parent

    Perhaps you should learn to write ... (none / 0) (#107)
    by Yman on Wed Jul 14, 2010 at 04:13:38 PM EST
    ... more clearly, then you wouldn't have to re-write your sentences "in other words" to make your meaning known.

    But whatever.

    Parent

    It seems the Swiss justice ministry added (none / 0) (#96)
    by oculus on Tue Jul 13, 2010 at 11:54:24 PM EST
    a condition to whether it will extradite a person from Switzerland under treaty.  Would the subject anticipate being arrest in Switzerland?