according to Polanski's own lawyers, the judge wanted him to serve just 48 more days.
I couldn't backtrack and find the source, but I don't think that's right either. He was imprisoned for 90 days of psychiatric evaluaton prior to sentencing. He was released after 42 days (not sure why), and the probation officer summarized the evaluations as part of his report & recommendations for sentencing.
I couldn't backtrack and find the source, but I don't think that's right either.
It's on page 41 and 42 of this very long pdf: [link]
(paragraph 16 of the Dalton aff).
Yeah, I am sure there are those who have not even read the girl's testimony and those who would say we are "only" getting her side of the story. I know, given the atmosphere of the '70s and the fact that he had just gone through the horrific murder of his pregnant wife, I was inclined to think it was not a terrible crime. I recall getting the impression that they were both high and that he thought she was of age and that her mom pimped her out. But that isn't what happened at all--what happened was rape.
For a long time, that was the commonly-reported story. Like, until someone *here* linked to the Smoking Gun documents a few years ago, it was the only one I'd heard. It's the argument I've seen a lot of European commenters on political threads making. (They get document smacked, and then kind of get it.)
It's on page 41 and 42 of this very long pdf: [link] (paragraph 16 of the Dalton aff).
Ah, thank you. I barely understand the legalities anyway, but... it still reads like this is all before the offical sentencing: "no hearing would be permitted until after the imposition of the prison sentence" (of the 48 days). Or is there some other reason there'd be another hearing at that point?
Ah, thank you. I barely understand the legalities anyway, but... it still reads like this is all before the offical sentencing: "no hearing would be permitted until after the imposition of the prison sentence" (of the 48 days). Or is there some other reason there'd be another hearing at that point?
The referent is not crystal clear but in context it looks like he is saying no hearing on his
deportation
will be held until after he completes his prison sentence. Given clause (4) what it looks like he is saying is that as a condition of the plea bargain Polanski will waive his right to a deportation hearing and remove himself. If he doesn't do so, a hearing can be held after he completes his sentence, but if he does request the hearing it will not be looked on favorably (what the Judge could do under those circumstances, I don't know, but maybe strongly suggest deportation to INS). This doesn't strike me as a crazy request for such a lenient plea bargain, FWIW.
I do admit that it seems unlikely that Polanski fled for *that*. I suspect he acted rashly, and only after fleeing realized that the plea bargain would have been yanked and an additional sentence for flight imposed.
OTOH, he was even offered the chance to come back with probably no additional jail time to serve, but refused because court proceedings would have been televised, IIRC, so I guess even no prison time at all was just too much.
fyi. I think this was linked above, but here is a salon article about Roman Polanski that recaps witness testimony. It is pretty graphic in terms of what RP did to the 13-year-old.
[link]
Wha...?
Former Prosecutor: I Lied In Polanski Documentary
LOS ANGELES — A former prosecutor said Wednesday he lied when he told a documentary film crew that he advised a judge handling Roman Polanski's sex case that he should send the director to prison.
The statement later became part of the basis for a move by Polanski's attorneys to dismiss the case against the fugitive director who was arrested in Switzerland on Saturday.
"They interviewed me in the Malibu courthouse when I was still a DA, and I embellished a story," David F. Wells said in an interview with The Associated Press about his statements to the makers of "Roman Polanski: Wanted and Desired."
"I'm a guy who cuts to the chase – I lied. It embarrasses the hell of me." he said.
...
Wells said he overstated his actions to the filmmakers because he was told the documentary would air in France, not the United States. The documentary aired on HBO.
In the documentary, Wells is depicted as conferring with the now-deceased trial judge Laurence J. Rittenband about Polanski's case. Wells says in the film the judge took his advice in deciding to renege on a plea bargain and give Polanski additional prison time.
"I made that up to make the stuff look better," Wells said. His admission was first reported in a story by former O.J. Simpson prosecutor Marcia Clark on the Web site The Daily Beast.
Wells needs to be stood up against a wall and pelted with rotten tomatoes. Regardless of whether he was lying then or he's lying now.