Signals got crossed in Polanski case
Source: Agencies |
July 16, 2010, Friday
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THE Swiss government asked the US Justice Department to release sealed transcripts in the Roman Polanski case days before a Los Angeles judge was told the Swiss did not request that information, according to a Swiss letter that points to apparent miscommunication in the director's extradition case.
The Swiss officials said the denial of access to the information they had requested was the key factor in Switzerland's refusal to extradite the filmmaker to the US, according to the letter to the US Embassy in Bern, Switzerland.
A district attorney's spokeswoman said their office was never notified of the Swiss request and did not know the Justice Department had turned it down.
The letter, dated Monday, was obtained by The Associated Press on Wednesday night.
The letter blamed the denial of extradition solidly on the refusal by the Justice Department to show them transcripts of testimony by the film director's original prosecutor.
"Since the additional documents requested were not transmitted in full, extradition of Roman Polanski to the United States of America is thus denied," said the letter.
Justice Department spokeswoman Laura Sweeney said she had no comment on the matter.
The Swiss wanted to know whether Polanski, who was being held in a 33-year-old sex case, had already served his sentence. Swiss law allows Polanski to be sent to the US only if he was going to be required to serve at least six months in prison. They sought the testimony of original prosecutor Roger Gunson to clarify the matter.
On May 13, the letter said, the justice department "responded that the desired copy of the statement of Roger Gunson could not be given out."
The letter added, "Under these circumstances it cannot be excluded with certainty that Roman Polanski, who was imprisoned in the Chino State Prison for 42 days, has not already served the sentence imposed on him."
It was the first indication that the Swiss were potentially accepting arguments raised by Polanski's lawyers who claimed he was a victim of misconduct by now deceased Superior Court Judge Laurence Rittenband. The letter mentions Rittenband by name and said authorities wanted to know whether Rittenband had promised Polanski that his time undergoing a diagnostic study in prison would be his entire sentence. He had pleaded guilty to unlawful sexual intercourse with a 13-year-old girl.
The request was transmitted to the Justice Department, they said, on May 5, 2010.
The Polanski defense team had already independently filed its own motion seeking release of the transcript. But on May 6, 2010, the day after the new request, the Los Angeles District Attorney's office filed papers opposing any such unsealing. In a hearing on May 10, Deputy District attorney David Walgren told a judge the Swiss had not asked for the transcripts. Superior Court Judge Peter Espinoza denied the defense request.
The Swiss officials said the denial of access to the information they had requested was the key factor in Switzerland's refusal to extradite the filmmaker to the US, according to the letter to the US Embassy in Bern, Switzerland.
A district attorney's spokeswoman said their office was never notified of the Swiss request and did not know the Justice Department had turned it down.
The letter, dated Monday, was obtained by The Associated Press on Wednesday night.
The letter blamed the denial of extradition solidly on the refusal by the Justice Department to show them transcripts of testimony by the film director's original prosecutor.
"Since the additional documents requested were not transmitted in full, extradition of Roman Polanski to the United States of America is thus denied," said the letter.
Justice Department spokeswoman Laura Sweeney said she had no comment on the matter.
The Swiss wanted to know whether Polanski, who was being held in a 33-year-old sex case, had already served his sentence. Swiss law allows Polanski to be sent to the US only if he was going to be required to serve at least six months in prison. They sought the testimony of original prosecutor Roger Gunson to clarify the matter.
On May 13, the letter said, the justice department "responded that the desired copy of the statement of Roger Gunson could not be given out."
The letter added, "Under these circumstances it cannot be excluded with certainty that Roman Polanski, who was imprisoned in the Chino State Prison for 42 days, has not already served the sentence imposed on him."
It was the first indication that the Swiss were potentially accepting arguments raised by Polanski's lawyers who claimed he was a victim of misconduct by now deceased Superior Court Judge Laurence Rittenband. The letter mentions Rittenband by name and said authorities wanted to know whether Rittenband had promised Polanski that his time undergoing a diagnostic study in prison would be his entire sentence. He had pleaded guilty to unlawful sexual intercourse with a 13-year-old girl.
The request was transmitted to the Justice Department, they said, on May 5, 2010.
The Polanski defense team had already independently filed its own motion seeking release of the transcript. But on May 6, 2010, the day after the new request, the Los Angeles District Attorney's office filed papers opposing any such unsealing. In a hearing on May 10, Deputy District attorney David Walgren told a judge the Swiss had not asked for the transcripts. Superior Court Judge Peter Espinoza denied the defense request.
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