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Move to dismiss appeal by Polanski
Source: Agencies |
October 11, 2009, Sunday
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Print Edition
Print Edition
LOS Angeles prosecutors have asked a judge to dismiss an appeal filed by Roman Polanski before his recent arrest in Switzerland, saying the issues he presented no longer apply.
Head Deputy District Attorney Irene Wakabayashi and Deputy District Attorney Phyllis C. Asayama argued in a letter to the California Second District Court of Appeal that the sole business before the court now was whether to hold a hearing without the presence of Polanski, who is challenging extradition to the United States.
They noted that Polanski's lawyers asked the court to schedule expedited oral arguments on the issue of whether he must be present in a California court for consideration of his appeal, in which he seeks dismissal of a 32-year-old case where he pleaded guilty to unlawful sex with a teenager.
"Because of petitioner's subsequent arrest, the question posed is now academic," said the letter, made public on Friday. "Petitioner will be extradited and able to be physically present to make the request and to be present at a hearing."
Paperwork attached to the letter included correspondence in which Polanski's lawyers contended he had already fully served his sentence.
The director of film classics "Rosemary's Baby" and "Chinatown" has been wanted by US authorities since fleeing sentencing 31 years ago.
Polanski was arrested on a fugitive warrant on September 26 as he arrived in Zurich to receive an award from a film festival. Switzerland says there has been an international warrant out on him since 2005.
Head Deputy District Attorney Irene Wakabayashi and Deputy District Attorney Phyllis C. Asayama argued in a letter to the California Second District Court of Appeal that the sole business before the court now was whether to hold a hearing without the presence of Polanski, who is challenging extradition to the United States.
They noted that Polanski's lawyers asked the court to schedule expedited oral arguments on the issue of whether he must be present in a California court for consideration of his appeal, in which he seeks dismissal of a 32-year-old case where he pleaded guilty to unlawful sex with a teenager.
"Because of petitioner's subsequent arrest, the question posed is now academic," said the letter, made public on Friday. "Petitioner will be extradited and able to be physically present to make the request and to be present at a hearing."
Paperwork attached to the letter included correspondence in which Polanski's lawyers contended he had already fully served his sentence.
The director of film classics "Rosemary's Baby" and "Chinatown" has been wanted by US authorities since fleeing sentencing 31 years ago.
Polanski was arrested on a fugitive warrant on September 26 as he arrived in Zurich to receive an award from a film festival. Switzerland says there has been an international warrant out on him since 2005.
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