Swiss Slap Cooley in Polanski Case

by John M. Curtis
(310) 204-8700

Copyright July 12, 2010
All Rights Reserved.                                

           Swiss authorities rejected Los Angeles County Dist. Atty. Steve Cooley’s extradition request for 76-year-old Academy Awarding winning director Roman Polanski, just released from house arrest in the mountain resort of Gastad.    Polanski fled to Europe to avoid doing more jail time for his 1977 arrest and conviction for having sex with a 13-year-old wannabe actress at Hollywood Hills’ home of Oscar-winning actor Jack Nicholson.  Swiss officials, who kept Polanski under house arrest since Sept. 26, 2009, months after Polanski’s attorneys requested the Los Angeles DA toss out the case.  “Mr. Polanski can now move freely,” said Justice Minister Eveline Widmer-Schlumpf.  “He’s a free man,” throwing cold water the U.S. extradition request.  “The warrant remains outstanding,” said Los Angeles Superior Court spokesman Allan Parachini, refusing to let the case go.

            Polanski’s case was taken off mothballs last February when the director of “Rosemary’s Baby,” “Chinatown” and “The Pianist,” requested dismissal for judicial misconduct in the 32-year-old case.  Before Polanski fled to England in Feb. 1, 1978, he had already served 42 days of a 90-day sentence in a lock-up rehab facility.   Since his arrest in Sept. 26, 2009, Swiss authorities had requested the Jan. 26, 2010 testimony of LA County DA Roger Gunson, the case’s original prosecutor.  Polanski’s attorney contended that back in 1978 the DA reneged on a plea bargain to have him serve the full sentence during the 42-day psychiatric lockup.  When the U.S. refused to release the confidential transcript, the Swiss decided Polanski had done his time.    Together with nine months of house arrest since last Sept.26, 2009, Swiss authorities concluded Polanski completed his sentence.

            Los Angeles Superior Court and District Atty. Officials believe Polanski skipped his day in court, when, if fact, presiding judge Lawrence Rittenband reneged on his plea agreement, ordering Polansky back to court.  Swiss authorities requested Gunson’s testimony to confirm the original trial judge’s change of heart.    Given the victim, 45-year-old Samatha Geimer, settled with Polanski out of court for $225,000 in 1988, she requested the DA drop the case, Swiss authorities also concluded the Los Angeles DA was beating a dead horse.  “If this were the case, Roman Polanski would actually have already served his sentence and therefore both the proceedings on which the U.S. extradition request is founded and the request itself would have no foundation,” said the Swiss Justice Ministry.  LA Superior Court and DA continue to grandstand, insisting on Polanski’s extradition.

            No one takes a flight from justice lightly.  Polansky was wrong bolting out of country Feb. 1, 1978.  But the DA and now deceased Superior Court Judge Lawrence J. Rittenband.reneged on the plea deal, causing Polanski to flee.  Polanski’s case was one of egregious prosecutor and judicial misconduct, stacking the deck against Polanski.  Recent high profile celebrity cases, involving Paris Hilton, and, more recently, Lindsay Lohan, demonstrate that, contrary to public opinion, celebrities frequently receive more harsh treatment.  While statutory rape is no minor crime and Polanski was no angel, Geimer’s mother dropped the teenager off at Nicholson’s home and provided no supervision.  That doesn’t give Roman a pass, only puts into perspective what happened that Spring evening of March 10, 1977.  Los Angeles officials have been gunning for Polanski ever since bolting LA.

            Los Angeles authorities insist that Polanski, to get any resolution with his case, must present himself before LA Superior Court.  His attorneys tried on numerous occasions to resolve the case based on prior judicial misconduct and on the basis of Geimer’s request.  Now that Polanski was forced to post a $4.5 million bond and forced into house arrest last Sept., the Los Angeles DA should, once-and-for-all, wrap up the case and allow Polanski to return to Los Angeles.  Holding Polanski under house arrest for the last nine months surely satisfies the DA’s need for more jail time, given he already served 42 or the 90 days back in 1978.  “This decision was certainly not expected,” said Polanki’s France-based lawyer Herve Temime, given that Swiss authorities approve  95% of extradition requests.  Swiss authorities simply couldn’t justify more jail time for Polanski.

            Swiss Justice Minister Widmer-Schlumpf got it right saying that U.S. authorities had not met their burden of proof.  Unwilling to fork over important trial testimony, U.S. authorities handed the baton to the Swiss.  “Considering the persisting doubts concerning the presentation of the facts of the case,” Widmer-Schlumpf concluded Polanski had done enough time.  Los Angeles County DA and Superior Court officials have maintained their vendetta against Polanski for too long.  Given his last nine months of house arrest, it’s time for LA officials to call it quits.  Letting go of the case would honor the victim’s request and demonstrate a reasonable approach to ending the case.  LA officials must suck it up and admit that something went wrong with Polanski's case.  Encouraging more prosecution doesn’t do the case justice.   LA’s DA and courts need to finally get it right and close the case.

About the Author    

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.