The Mercury News Weekend

Roman Polanski seeks to have prosecutor’s testimony unsealed

- By Anthony McCartney

LOS ANGELES — Roman Polanski’s attorney has asked a Los Angeles judge to unseal testimony given by a former prosecutor who handled the fugitive director’s sexual assault case. It is Polanski’s latest bid to end the nearly 40-year-old case.

Polanski’s attorney Harland Braun wrote the judge a letter made public Thursday that he is seeking to unseal the letter because it is crucial to attempts to resolve Polanski’s case.

The Academy Awardwinni­ng director pleaded guilty in 1977 to unlawful sex with a 13-year-old girl but fled to France in 1978 when the now-deceased judge in the case suggested in private remarks that he would renege on a plea bargain and sentencing agreement.

Los Angeles prosecutor­s have repeatedly sought Polanski’s extraditio­n but have been rebuffed by courts in Switzerlan­d and Poland, two of the countries where the Oscar winner has been able to safely travel.

The director has alleged that he was mistreated by a judge and prosecutor­s, but subsequent judges have ruled the Oscar winner must return to Los Angeles for the case to be resolved.

Braun’s letter seeks the unsealing of testimony from retired Deputy District Attorney Roger Gunson, who handled Polanski’s case. Gunson gave the testimony over three days in 2010 in case he was unable to testify at any future proceeding­s in the case.

Braun contends Gunson’s testimony might help Polanski’s argument that he has already served his time in the 1977 case by spending more than 300 days in jail and house arrest in Switzerlan­d during a failed extraditio­n effort in 2010.

Los Angeles Superior Court Scott Gordon, the presiding judge over criminal matters in Los Angeles County, set a hearing for Feb. 24. Polanski will not attend, Braun said.

Switzerlan­d refused to extradite Polanski because it was not allowed to review Gunson’s testimony. Polanski’s lawyers sought to unseal the testimony, but prosecutor­s objected to unsealing the transcript­s, and a judge agreed.

In a 1977 deal with prosecutor­s, Polanski pleaded guilty to one count of statutory rape for having sex with the underage girl during a photo shoot in Los Angeles.

He was ordered to undergo a psychiatri­c study at the state prison in Chino, where he served 42 days.

Gunson and Polanski’s attorney have said they understood from a private conversati­on with the judge handling the case that the time in the prison would serve as Polanski’s punishment.

However, lawyers for the Polish-born director said the judge later reneged on the agreement and suggested Polanski would go back to prison. Polanski then fled to France, and his travel has been restricted to Poland, Switzerlan­d and France ever since.

Polanski sought a dismissal of the case in 2008, but his motion was denied in a ruling that was upheld by an appellate court. A judge in 2014 rejected Polanski’s request of a new hearing.

His victim, Samantha Geimer, has said she forgives Polanski and has repeatedly called for the case against him to be dismissed.

The Associated Press does not typically name sex abuse victims, but Geimer has publicly identified herself in court filings, interviews and a memoir.

Polanski won an Academy Award for best director for his 2002 film “The Pianist” and was nominated for 1974’s “Chinatown” and 1979’s “Tess.”

 ?? VALERY HACHE/AFP/GETTY IMAGES ?? Fugitive movie director Roman Polanski plans to return to the United States, his lawyer said Thursday, and is seeking assurances he will do no further jail time over the statutory rape of a 13-year-old girl.
VALERY HACHE/AFP/GETTY IMAGES Fugitive movie director Roman Polanski plans to return to the United States, his lawyer said Thursday, and is seeking assurances he will do no further jail time over the statutory rape of a 13-year-old girl.

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