CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, December 22, 2009

"Polanski exit strategy suggested by court"

The L.A. Times story is here:

A state appellate court Monday rejected Roman Polanski's bid to have his 1977 child-sex prosecution dismissed but outlined a way that could end the long-running case without Polanski serving more time behind bars or returning to the American justice system he fled three decades ago.

In a 3-0 ruling, the 2nd District Court of Appeal suggested that Polanski ask to be sentenced in absentia for the statutory rape he admitted committing 32 years ago.

According to the three-justice panel, the sentencing hearing held in his absence would provide a forum for a Los Angeles County judge to evaluate Polanski's allegations of prosecutorial and judicial misconduct in the original handling of the case.

| Permalink


From Polanski’s plea hearing:

MR. GUNSON: What is the maximum sentence for unlawful sexual intercourse?

THE DEFENDANT: It’s one to fifteen – - twenty years in State Prison.

Nobody corrected Polanski when he said he believed the maximum sentence was 20 years, even though it was actually 50 years. Therefore, the plea isn’t valid and the Court’s approval of it should be withdrawn, because a defendant who pleads guilty must understand the potential consequences of the plea.

Posted by: Jeff Norman | Dec 23, 2009 7:05:41 PM

Post a comment