ROMAN POLANSKI: A FREE MAN

Polanski free, Swiss reject US extradition request
Mon Jul 12, 9:03 AM

http://ca.news.yahoo.com/s/capress/100712/world/roman_polanski_6?printer=1

By Bradley S. Klapper,Frank Jordans, The Associated Press

BERN, Switzerland – The Swiss government declared renowned film director Roman Polanski a free man on Monday after rejecting a U.S. request to extradite him on a charge of having sex in 1977 with a 13-year-old girl.

The Swiss mostly blamed U.S. authorities for failing to provide confidential testimony about Polanski’s sentencing procedure in 1977-1978.

The stunning decision could end the United States’ three-decade pursuit of Polanski, unless he travels to another country that would be willing to apprehend him and weigh sending him to Los Angeles. France, where he has spent much of his time, does not extradite its own citizens, and the public scrutiny over Switzerland’s deliberations may dissuade other nations from making such a spectacular arrest.

The Swiss government said it had sought confidential testimony given on Jan. 26 by Roger Gunson, the Los Angeles attorney in charge of the original prosecution against Polanski. Washington rejected the request.

“Mr. Polanski can now move freely. Since 12:30 today he’s a free man,” Justice Minister Eveline Widmer-Schlumpf declared.

The Oscar-winning director of “Rosemary’s Baby,” ”Chinatown” and “The Pianist” was accused of plying his victim with champagne and part of a Quaalude during a 1977 modeling shoot and raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy, but pleaded guilty to one count of unlawful sexual intercourse.

In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation. However, he was released after 42 days by an evaluator who deemed him mentally sound and unlikely to offend again. The judge responded by saying he was going to send Polanski back to jail for the remainder of the 90 days and that afterward he would ask Polanski to agree to a “voluntary deportation.” Polanski then fled the country on the eve of his Feb. 1, 1978, sentencing.

Based on references to Gunson’s testimony in U.S. courts, the Swiss said it “should prove” that Polanski served his sentence after undergoing 42 days of diagnostic study, the statement said.

“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,” the ministry said.

The Justice Ministry also said that national interests were taken into consideration in the decision.

“The 76-year-old French-Polish film director Roman Polanski will not be extradited to the USA,” the ministry said in a statement. “The freedom-restricting measures against him have been revoked.”

Polanski’s lawyer Herve Temime said the director was still at his Swiss chalet in the resort of Gstaad, where he has been held under house arrest since December.

Switzerland’s top justice official said he could now leave.

Temime told The Associated Press by telephone from his office in Paris that his client was ready to enjoy his freedom.

“This decision was certainly not expected,” Temime said.

He praised Swiss authorities for making the responsible decision.

Approving extradition had seemed the likeliest scenario after Polanski was arrested on Sept. 26 as he arrived in Zurich to receive a lifetime achievement award from a film festival. Polanski had also suffered a series of legal setbacks this year in California courts.

Switzerland handles about 200 extradition requests a year and only about 5 per cent are rejected, Widmer-Schlumpf said.

Widmer-Schlumpf said this decision was not meant to excuse Polanski’s crime, saying the issue was “not about deciding whether he is guilty or not guilty.”

The government said extradition had to be rejected “considering the persisting doubts concerning the presentation of the facts of the case.”

Beyond the legal confusion, Polanski’s extradition is a complicated and diplomatically sensitive because of Polanski’s status as a cultural icon in France and Poland, where he holds dual citizenship, and his history as a Holocaust survivor whose first wife was murdered by crazed followers of cult leader Charles Manson in California.

Widmer-Schlumpf said she informed authorities in the United States, France and Poland, in addition to Polanski’s lawyer.

___

Klapper reported from Geneva. AP correspondent Angela Charlton contributed from Paris.

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updated 2 hours 34 minutes ago
BERN, Switzerland — The Swiss government declared renowned film director Roman Polanski a free man on Monday after rejecting a U.S. request to extradite him on a charge of having sex in 1977 with a 13-year-old girl.

The Swiss mostly blamed U.S. authorities for failing to provide confidential testimony about Polanski’s sentencing procedure in 1977-1978.

The stunning decision could end the United States’ three-decade pursuit of Polanski, unless he travels to another country that would be willing to apprehend him and weigh sending him to Los Angeles. France, where he has spent much of his time, does not extradite its own citizens, and the public scrutiny over Switzerland’s deliberations may dissuade other nations from making such a spectacular arrest.

The Swiss government said it had sought confidential testimony given on Jan. 26 by Roger Gunson, the Los Angeles attorney in charge of the original prosecution against Polanski. Washington rejected the request.

“Mr. Polanski can now move freely. Since 12:30 today he’s a free man,” Justice Minister Eveline Widmer-Schlumpf declared.

Authorities in Los Angeles and Washington cannot appeal the Swiss decision. Sandy Gibbons, a spokeswoman for the Los Angeles County District Attorney’s Office, declined to comment.

Case dates to 1977
The Oscar-winning director of “Rosemary’s Baby,” “Chinatown” and “The Pianist” was accused of plying his victim with champagne and part of a Quaalude during a 1977 modeling shoot and raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy, but pleaded guilty to one count of unlawful sexual intercourse.

http://today.msnbc.msn.com/id/38201135/ns/today-entertainment/?GT1=43001

Today is indeed a good day for Samskara Impressions. After months of legal wrangling and secretive shennanigans on behalf of California District Attorney Steve Cooley and his henchman Dave Walgren along with the complicity of Supreme Court Judge Peter Espinoza, the Swiss under Justice Minister Eveline Widmer-Schlumpf, refused the request by the United States to hand Roman Polanski over to the US. In what may have come as a shock, Justice Minister Widmer-Schlumpf denied the extradition application due to the petitioner’s failure to provide full disclosure on the case at hand. What in particular Justice Widmer-Schlumpf wanted was a deposition given by former District Attorney Roger Gunson on Rittenband’s conduct, which has been held under seal by Judge Espinoza.

By her order, Justice Widmer-Schlumpf has stated for the public record that Roman Polanski had not only served his time for his offense, but also denied the United States from issuing any further extradition warrants for Polanski.

7 Replies to “ROMAN POLANSKI: A FREE MAN”

    1. Hey Cyd, how about learning the facts of Polanski’s case instead of posting to blogs about stuff you don’t know about. Polanski was treated unfairly by a judge whose own background was shady. As for what Werner-Schlumpf issued in her order, high time. And this might also make other countries wanting to make a name off of Polanski to think twice before they try to apprehend him for a sentence he not only didn’t have to serve time for, but served over and above what the law allowed, hence Werner-Schlumpf’s stating what she did about Roger Gunson’s deposition the idiots in Los Angeles didn’t want opened because it would have stated what Roger Gunson KNEW about Polanski’s sentence and that was that he did serve over and above what was directed by law.

  1. Just read how serious what he did is considered:

    http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1801-1850/ab_1844_cfa_20100823_102058_sen_floor.html

    ” Under existing law, a person who commits an act of rape,
    rape or sexual penetration in concert, sodomy, oral
    copulation, or sexual penetration, when the act is
    committed upon a child who is under 14 years of age and
    seven or more years younger than the person, is guilty of
    aggravated sexual assault of a child. Aggravated sexual
    assault of a child under these circumstances is punishable
    by imprisonment in state prison for 15 years to life.”

    so sodomy is the key here. It doesnt have to be violent as long as that charge exists. And that’s if all the rape accusations are unprovable or false they could still get him for that had he done it today or had a crappy lawyer back then.

    1. Arek:

      What did he do exactly? There was no evidence to support sodomy, hence Roger Gunson dropped the original charge. The doctor who performed the rape kit found nothing consistent with rape or sodomy. He found no blood, no torn tissues, no hematomas, no semen….nothing denoting a rape. When he took the swabs in the rape kit, the forensics tech found nothing in terms of semen or blood and no saliva where Samantha Geimer said there should have been some. There was nothing. There was more on Monica Lewinsky’s blue dress than there was on Samantha Geimer’s. There was a small amount of spermatozoa found in the gusset of her panties, but it was not typed back to Polanski via a blood sample. None of the standard tests or procedures were done in tihs case, yet there is this supposed ‘mountain of evidence’ against Polanski. Show it to me. The existence of the charge without physical evidence to back up the charge means it’s still her word against his. And in this case, her shifting in fact even conflicting statements over what exactly happened have done her no favours. The fact too she has actively campaigned for his freedom and full exoneration speaks volumes. As for them being able to ‘get him’ for something that was unproven through the standard tests and examinations, it won’t happen and shouldn’t have happened then. There was no evidence save her word…but then she nor her family wanted him jailed or imprisoned. They wanted him to face no charges. That’s why her father, a lawyer, knocked out and pressed hard for the plea bargain. No proof of rape is just that…no proof. They can’t even get him on the flight charge. According to Lawrence Silver, Samantha Geimer’s OWN lawyer, he said that the only charge that is pending and or exists against Roman Polanski is the one count of Unlawful Sexual Intercourse with a Minor. That’s it. That’s all. The flight was taken off the table as were the initial six felony counts. And according to Roger Gunson’s January 2010 deposition given to Polanski’s lawyers, he states that Polanski served the time that was required of him as agreed to by Judge Rittenband. He also states that Rittenband had renegged twice on the deal…unheard of with a judge or a plea deal that had taken months to secure.

  2. I know it’s very late, but I just need to write this down…

    I cannot imagine how many people see only the worst in this guy. He hasn’t done anything to that girl, yet many people still assume he’s really a rapist who sexually assaults women. There is no well in hell he would do such a disgusting thing like that.

    I think people like the first judge who handled the case against the director shouldn’t be allowed to work in such an industry like that. He’s a criminal himself who had a history of being involved with gangsters and mafias. He’s afraid that this particular part of his life would become exposed and has been hiding it. The worst
    It is no secret that this judge was only maintaining his credibility according to the documentary posted on your website.

    Samskara, I really think you are a very smart woman who knows what she is talking about and always makes a valid point on everything, and I really want to thank you for that.

    By the way is there anyway I can contact you privately other than on your blog? My email is sheerly_1990@yahoo.com

  3. Dear Samskara,

    thank you a lot once again for reading my blog and commenting on it! If you link it here, it will be priceless. What do you think we should do now? I’ve been walking about, posting our links (to Novalis, you, and self) wherever it was possible; I will go on, of course – no effort is wasted, even if it seems (alas, so often) that we’re banging our heads against unbreakable wall of prejudice and ignorance. If you too draw people’s attention to my research (I did my best to make it as clear as clear can be), I will be eternally grateful!

    Jean (mishem)

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