Poll: Should Roman Polanski be extradited to the United States?

[forum_admin]

Swiss choose law over neutrality, arrest Polanski

First numbered bank accounts and now Roman Polanski. Switzerland is no longer a place for foreign fugitives and tax evaders to live above the law. Polanski's arrest for extradition to the United States in a 31-year-old statutory rape case was just the latest crack in the Alpine nation's cherished legacy as a safe haven, and it set off widespread anger across the country. A number of questions remained. Polanski's friends and lawyers note that he has spent long periods of time at a chalet he owns in the luxury resort of Gstaad, and he was in Switzerland for an extended period this summer. by Associated Press writer Eliane Engeler in Geneva

The chalet named "Milky Way" which is, according to Swiss newspaper "Blick", the chalet of filmmaker Roman Polanski, is seen on Tuesday Sept. 29, 2009 in Gstaad, Canton of Bern, Switzerland. 76-year-old Polanski, who pleaded guilty three decades ago to having sex with a 13-year-old girl, has been arrested Saturday Sept. 26, 2009, when he arrived in Switzerland to receive a lifetime achievement award at the Zurich film festival. Polanski awaits a possible extradition to the United States. (AP Photo/Keystone, Dominic Favre)

It's not you "Swiss Citizen" who should feel shamed. It's the French government who has been protecting the child molester for decades. Please listen to your heart, and horrible crimes he committed and admitted.
Absolutely no excuse... I'm disgusted for the fellow film-makers standing up today for release request. This is truly disgusting.. I'm afraid that my child will end up watching these guys' movies etc.. Sickos.

What is irritating to me is that many people see his extradition as a forgone conclusion. There are several important issues that are currently unresolved (bear with me on this particularly long post):

First of all, as Vincent Poupard points out (International Laws Affecting Roman Polanski's Extradition to the United States - Associated Content - associatedcontent.com), Poland and/or France should've been made aware in advance of a pending arrest. It seems in their rush to get out a warrant, the L.A. D.A. did not (it wouldn't be the first time that the LA DA is so nonchalant in high-profile cases). Representatives of both Poland and France have publicly claimed they were not aware of any such action. Not doing so may very well invalidate the arrest warrant. Deporting him, would then constitute an act of terrorism (in UN terms).

Then there are the unclear passages in the Swiss-US treaty. Polanski was convicted and sat out a pre-sentence term of 42 days, but it never came to an actual sentencing. Under the treaty, extradition requests can be made for when the US wants to (a) prosecute someone, or, in case they fled, (b) for the escaped person to sit out the remainder of his sentence in the US. Since he has been succesfully prosecuted, then the request would apply to the sentence. However, under the treaty, for judges to take the request into consideration, the detainee would have to be facing a remaining jail term of over six months. Since Polanski was convicted, but never sentenced, we find ourselves with an incredible legal loophole in the treaty. Because, what is his sentence? Neither the judge, nor the LA DA have ever officialy, disclosed the jail term they would seek. In fact, they continue to refuse to sentence Polanski in his absence. They have given hints though: in 1997 an LA Judge was preparing a deal with Polanski's legal team which would be based on the original plea deal, and which would see Polanski's pre-sentence time turned into time served and he would be released. The deal fell through because, allegedly, Polanski refused to allow the proceedings to be televised. However, his legal representatives can bring this up with the Swiss judges as a sign that the US were not, in fact, seeking a jail term that would satisfy the 6-month-clause. It's a strong argument to make and will certainly weigh in the verdict that the judges make.

Now, ofcourse, the LA DA's could argue that his extradition relates primarily to the prosecution of fleeing justice. I am not sure though what the maximum term is for that particular crime? However, even if it amounts to more than 1 year (the Swiss treaty clause for any crime's minimum term), an important question arises: would Swiss judges accept an extradition request for one crime (fleeing), when it is clear that the "weight" of the extradition really lies on the sex crime charges brought upon Polanski, and the one for which they would truly like to extradite him? This is where it gets particularly interesting, because even if you were to after him for evading justice, there's an unresolved issue over the various collected statements over the years, which point out a potential judicial misconduct - and this misconduct, may then have led Polanski, having had his right to fair proceedings denied, to flee the US. The public claims by LA Judge Espinoza that evidence of judicial misconduct is present, but that no final, judicial decision about this can be made before Polanski himself appears in a court to call for this - a decision which itself is being appealed at a higher court, which has asked for Espinoza's motivation as to what exactly prevents a judgment being made without Polanski being present - will also weigh in his favour.

Moreover, may I remind everyone that in 2005 Yevgeni Adamov was extradited from Switzerland to his native Russia, and not the USA, after a 7-month extradition procedure. That is a precedent that keeps a possibility open for France to (at a later phase) request for his extradition to continue the proceedings in a French court - or at least, to promise to continue the proceedings. Perhaps, it's even possible for the Polish government (Polanski is a national of both PL and FR) to lodge such an extradition request. Adamov went on trial in Russia and was convicted, only to have his sentence suspended just a while later.

Last but not least, there are at least 4 appeal opportunities that I am aware of. One for the original verdict, then for the higher court, and when a higher court dismisses that, it goes back to the lower court only to end up at the higher court for an ultimate appeal. These will be highly technical discussions, where it is likely that any lacunae in the treaty and in Swiss law will be heavily scrutinized. That's a lot of lobbying, appeal possibilities, and in general, a lengthy extradition procedure.

Well, a lengthy discussion on another forum has led me to nuance a bit: it is quite possible that Polanski was never formally (!) convicted, despite incorrect reporting by the media. A Swiss court could, however, still regard the proceedings - if judicial misconduct is accepted - as consistent with a de facto conviction. In the end, much, very much, will depend on the willingness of a Swiss court to take misconduct and declared-sentence arguments into consideration.

[Yahoo!_news]

In this Nov. 14 2008 file photo, Polish-born filmmaker Roman Polanski arrives for the opening ceremony at the 8th Marrakech Film Festival in Marrakech. Film director Roman Polanski agreed to pay his sexual assault victim $500,000 to settle a lawsuit 15 years after he fled the United States, according to court documents. (AP Photo/Abdeljalil Bounhar, File)

AP - Film director Roman Polanski agreed to pay his sexual assault victim $500,000 to settle a lawsuit 15 years after he fled the United States, according to court documents.

Polanski and the victim, Samantha Geimer, reached the deal in October 1993. The terms of the settlement were confidential, but the amount was disclosed in court documents because of a two-year struggle to get Polanski to pay.

Court records, which were provided to media outlets Friday, do not indicate if Polanski ever paid. The last court filing in August 1996 shows Polanski, now 76, owed Geimer $604,416.22, including interest.

Polanski's attorney, David Finkle, said he couldn't remember details of the case and declined comment.

"It's ancient," Finkle said.

A phone message left for Geimer's attorney, Lawrence Silver, wasn't immediately returned. Geimer and her family also have not returned calls this week seeking comment.

More...



Polish-French director Roman Polanski at the opening ceremony of the 8th Marrakesh film festival in 2008. Polanski has agreed to pay his sexual assault victim 500,000 dollars as part of a 1990s civil settlement but did not live up to the terms, the Los Angeles Times reported Saturday. (AFP/File/Abdelhak Senna)

[forum_admin]

Some things are forgivable, others are not. Some are so deep that they transcend time, which only the naive believe heals all wounds.

For instance, filmmaker Roman Polanski has not written an opinion forgiving Charles Manson for the murders of his wife, the actress Sharon Tate, and their unborn child in 1969. Some of the Hollywood types have bought into the Polanski story that he's being abused by the legal system. They are convinced Polanski had a deal that was reneged on by his judge. In reality, they are being abused through their own empathy. They are similar to those who took Tawana Brawley at her word. Brawley, an African-American teen, convinced many in 1987 that she had been kidnapped and repeatedly raped in the New York woods by a group of white men, some of whom were police officers. Brawley and Polanski have something in common: They lie.

More...

Roman's unforgivable sin: Polanski's talent doesn't put him above the law

[forum_admin]

Roman Polanski in Munich, August, 1972. Agence France-Presse — Getty Images


The recent arrest of Roman Polanski, the film director who fled to France from the United States in 1978 on the eve of sentencing for having unlawful sex with a 13-year-old girl, has caused an international ruckus. The French culture minister, Frédéric Mitterrand, and the French foreign minister, Bernard Kouchner, both issued statements of support for Mr. Polanski. But many others in France have expressed outrage at that support and said he should face justice for the crime.

While it’s clear that the film industry forgave Mr. Polanski long ago, should society separate the work of artists from the artists themselves, despite evidence of reprehensible or even criminal behavior?

[Yahoo!_news]

Reuters - Director Roman Polanski is feeling depressed two weeks after his arrest in Switzerland to face U.S. extradition for a 1977 case involving the rape of a 13-year-old girl, his lawyer was quoted as saying on Sunday.

"I found him to be tired and depressed," Herve Temime told the Sonntag newspaper, one of two newspapers he talked to after visiting the Oscar-winning director in a Zurich prison.

More...



Herve Temime, lawyer of Polish-born film director Roman Polanski, is seen at the trial, called the "Clearstream Affair", at the courthouse in Paris on September 29, 2009. REUTERS/Charles Platiau

[Agentuncle1]

Does anyone remember a kick-ass piano player named Jerry Lee Lewis?His marriage to his 13 year old cousin?

[Agentuncle1]

Reply to post #17:Remember a book titled,"In The Belly Of The Beast",which consisted mainly of letters written by a career criminal named Jack Abbott(No,not the character on the Young & The Restless)to Norman Mailer?The Binibon restaurant waiter who was murdered by Jack Abbott?Writers are artists too,you know.O.k.,so this Abbott guy wasn't a bona fide writer;just a guy with alot of time on his hands to send letters to someone who was.