Lawyers in Polanski case gather in court as director remains under house arrest in Switzerland

Lawyers talk next move in Polanski case

LOS ANGELES — With Roman Polanski under house arrest in Switzerland, lawyers in his 32-year-old sex case are gathering in a Los Angeles court Wednesday to discuss future legal moves that could resolve the marathon prosecution.

The hearing is described as a status conference before Superior Court Judge Peter Espinoza, who has presided over earlier proceedings in the case.

A three-judge panel of the California 2nd District Court of Appeal criticized Polanski last month for fleeing the country and refused to dismiss the case in which the director pleaded guilty to one count of sex with a 13-year-old girl in 1977.

It did, however, suggest two legal options that could lead to his freedom now: file a motion to be sentenced in absentia, or drop his extradition fight, return to the United States and be sentenced in person, most likely not resulting in additional jail time.

The appeals court said there was probable judicial and prosecutorial misconduct in the case that should be investigated. But the court’s strongest point was to urge that the case be concluded, calling it “one of the longest-running sagas in California criminal justice history.”

Polanski’s lawyer asked for a private conference in the judge’s chambers, but a prosecutor prevailed in asking to make Wednesday’s session public. Deputy District Attorney David Walgren said media presence would prevent misconceptions of what might be said behind closed doors.

He cited a history of “in chambers” conferences in the case that became controversial.

Polanski, the famed director of “Chinatown” and “Rosemary’s Baby,” was accused of plying Samantha Geimer, who was then 13, with champagne and part of a Quaalude pill then raping her during a modeling shoot at Jack Nicholson’s house in 1977.

Polanski was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty in a plea bargain to one count of unlawful sexual intercourse. He was sent to prison for a diagnostic study. The judge, who had promised no further jail time, reneged and was planning to sentence him more harshly.

Judge Espinoza said earlier this year there appeared to be “substantial misconduct,” but Polanski had to return to the United States to argue for the case to be tossed out.

Polanski has refused to return and is fighting extradition from Switzerland, where he was arrested in September when he arrived for a film festival.

The Swiss Justice Ministry declined to comment Wednesday on the details of the Polanski case or to answer questions regarding a possible sentence in absentia.

Instead, ministry spokesman Folco Galli referred to a 1990 Swiss-U.S. treaty on extradition requiring the alleged crime be punishable by at least one year imprisonment to make extradition a possibility.

Prosecutors say Polanski is subject to a sentence of two years; the defense says he already served a sentence handed down by the original judge in the case plus five months spent in a Swiss jail and more recently under house arrest.

The treaty also spells out that if a sentence is handed down before extradition, the person must have to serve at least six months in prison. Otherwise, the person can’t be extradited.

In its opinion last month, the appellate court panel said it believes the trial court could issue a sentence that does not require any further incarceration.

Associated Press Writer Bradley S. Klapper in Geneva contributed to this report.