|Hollywoodland||Dec 3 2008|
In Los Angeles yesterday, lawyers for film director Roman Polanski filed a request to dismiss a 30-year old charge of unlawful sexual intercourse with a minor. Polanski was once a U.S. resident, but fled to France in 1978 and has been wanted by American authorities ever since for allegedly giving a 13-year old model Quaaludes and champagne, before having sex with her—or raping her, depending on the telling—in Jack Nicholson’s hot tub when Nicholson was not on the premises.
Polanski’s life story reads like the darkest pulp fiction. He survived the Nazis as a child by escaping to the U.S., but without his parents, who were imprisoned in a concentration camp, where his mother was later gassed. As an adult Polanski rose to fame after directing the supernatural thriller Rosemary’s Baby, but his life was again derailed in 1969 when members of Charles Manson’s clan murdered his wife, Sharon Tate, and their unborn child. Polanski somehow recovered enough from this second horror to continue working, and went on to direct Chinatown, considered by many to be one of the ten best films in American history.
When he was arrested in 1978 he faced multiple charges, but a plea deal was offered. According to prosecutors, Polanski likely would have been handed a sentence of three years or fewer in prison. However, by the letter of the law, the charges could also have resulted in a sentence of fifty years. Polanski didn’t stick around for sentencing. Instead he jumped bail and fled to Europe, where he continued to direct films over the next three decades, including 2002’s The Pianist, for which he won a best director Academy Award in absentia.
Polanski’s lawyers filed yesterday’s dismissal request on the grounds of prosecutorial and judicial misconduct, after the HBO documentary Roman Polanski: Wanted and Desired, revealed that former judge Laurence J. Rittenband held news conferences and extrajudicial meetings about the case. The documentary also revealed that former Deputy District Attorney David Wells gave judge Rittenband sentencing advice, even though he was not assigned to the case.
The girl with whom Polanski admitted having sex (i.e. statutory rape), but who asserts she was violated while basically unconscious, is now 43. HBO’s documentary portrays prosecutors seeking to railroad Polanski, but he admitted what he did, which means the case for unlawful sexual intercourse could have stood on its own without prosecutorial games. Now, thirty years later, it’s possible authorities feel that dropping the charge would be akin to encouraging more flights from justice. And more importantly, a dismissal could have negative consequences upon similar cases still working their way through courts.