Roman Polanski’s appeal for dismissal has been denied by a California court, but judicial and prosecutorial misconduct concerns have been cited. Justices of the California 2nd District Court of Appeal said that they are “deeply concerned” about the possible misconduct involving a now-dead judge.
“We encourage all participating parties to do their utmost to ensure that this matter now draws to a close in a manner that fully addresses the issues of due process and fundamental fairness raised by the events of long ago,” the 70-page court opinion stated.
Polanski’s attorneys said that misconduct can be grounds to dismiss unlawful sex with a minor. The director also need not be present to argue for the plea. Despite a court rejection, an investigation will still be conducted.
“The passage of more time before this case’s final resolution will further hamper the search for truth and the delivery of any appropriate relief, and it will also prolong the agony that the lack of finality in this matter continues to cause Samantha Geimer,” according to the court opinion.
Associate Justice Laurie Zelon, who questioned why there was no investigation on the misconduct done by the judge and a prosecutor during Polanski’s trial in 1977, wrote the court opinion. “Fundamental fairness and justice in our criminal justice system are far more important than the conviction and sentence of any one individual,” the opinion said.
The director was accused of raping Geimer after drugging her during a modelling shoot. He pleaded guilty to a count of unlawful sex, but fled the US during the eve of his sentencing. Polanski is continually under house arrest and decision for extradition to the US is still pending.
