Polanski's victim asks court to dismiss case, filing says she wants to be left alone

AP via Yahoo.com ^ | 10/27/09 | Anthony Mccartney

[OldDeckHand]

Polanski's arrest has caused his victim health problems and job worries, and she just wants to be left alone, her attorney wrote in a court filing.

Attorney Lawrence Silver urged a California appeals court to dismiss the criminal case against the "Chinatown" director.

The filing with the Second District Court of Appeal on Friday said Samantha Geimer and Silver have received nearly 500 media calls seeking comment since Polanski was arrested in Switzerland on Sept. 26.

Geimer, who long ago identified herself publicly, and her family have to contend with such pressure whenever Polanski is in the news, the six-page filing said.

[OldDeckHand]

It's really out of the prosecution hands. I don't believe the court can or would dismiss without Polanski making an appearance. In short, irrespective of the victim's wishes, since a plea has already been entered, and accepted by the court, Polanski will remain a fugitive from justice until he returns to resolve this. I don't believe that an appellate court will issue such an order instructing dismissal, even in California - could be wrong.

[Tamar1973]

I think some of these victims forget one important fact. It’s not all about them.

[dennisw]

This victim sued Polanski years ago and got roughly $500,000 so she is done and wants to forget all this.

But the law works independently of what she wants and in this case it is all to the good. Polanski is in a Swiss jail awaiting extradition and can remain there for all I care

[Berlin_Freeper]

[DoughtyOne]

I believe that people who do what Polanski did, should face the music. As I understand it, he plead guilty to statutory rape. What he actually did was much worse. It’s sad he can’t be convicted of that, but that’s life.

He needs to come back to the U.S. and serve the amount of time a statutory rapist would serve. He then needs to serve time for flight, avoiding sentencing and incarceration.

The animals who rape young women, rape all our young women. It’s only per chance that the victim was not our child. I would never have put my daughter into the situation, but then men like this manipulate kids and do what they want quite often.

I think of this victim as I would my own daughter. I want this guy to pay. Only by making people pay do we encourage folks to take a pass on this type of behavior.

We simply cannot surrender to the likes of these people.

[OldDeckHand]

"It’s sad he can’t be convicted of that, but that’s life."

Actually, he could conceivably be tried of those charges - which is one reason he's probably so reticent to return. Contrary to popular belief, the charges he was initially indicted for haven't yet been dismissed. In a plea agreement, the prosecution will say to the defendant, you plead to X and we will dismiss the other charges after you've been sentenced. Polanski was never sentenced, so the charges were never dismissed.

Also, since Polanski violated his plea agreement when he fled the jurisdiction of the tribunal, the prosecution could then ask the trial judge to vacate the plea, allowing the Prosecution to pursue a conviction on the initial charges. Lastly, because Polanski ran, the statute of limitation has NOT yet expired.

Will that actually happen? It's unlikely, but certainly not impossible.

[TigersEye]

You are probably right about the law which underlines the fact that Polanski is the one who has drug out the suffering of his victim. Had he done the right thing after his conviction this would have been behind them both decades ago.

[OldDeckHand]

Oh, I should add that Polanski is also looking at a felonious failure to appear. That's not going away, and I think that carries a sentence of 1 year, on average. Judges don't like it when people thumb their nose at the court, especially when it's done so publicly and obscenely. Which is another reason I believe it's HIGHLY unlikely that an appellate court will move to dismiss. Of course, it is Cali, so anything is possible.

[DoughtyOne]

I wonder if they were able to obtain samples in the day?

If so, this guy could be toast. Her blood would show traces of drugs. His bodily fluids could be on the record too.

I don’t know the particulars, but I’m not sure they did have these things. If they did... ouch for him.

I liked your points. They were good ones. I wouldn’t have thought of what you surmised, but your premise is sound IMO.

[DoughtyOne]

No, I think he does some time if he comes back here. The one year is certain IMO. I would suspect several more will follow, for his criminal acts against the girl.

[dennisw]

The time Polanski should have done in California priosn he is now doing in a Swiss jail or prison. Figuring he will be extradited one year from now he will then be in a California lockup awaiting trial. No bail

My estimate is he could have served 2 years back when the rape was done. He will end up doing cumulative Swiss/California prison time of 4-5 years. The wheels of justice grind slowly but exceedingly fine

(also obviously applies to God’s justice or karma or call it what you will)

[Cheapskate]

DOH! I had heard and always thought that his victim was Nastassia Kinski.

How ya been?

[ChiMark]

R.P. is scum. He had to put a little 13 yr old girl into a drug induced state to perform his sick sexual compulsions.
We need to reject the idea that he made a mistake.
This was not happenstance it was planned.

He is a cowardly little pervert who ran to the safe haven afforded him by the euro-trash elite. Does’nt say much about the friends he keeps. He never had the guts to face his crimes.

I wonder how many children he raped

[shalom aleichem]

NK didn’t press charges

[DoughtyOne]

Agreed. I can’t say as you’re off on any of this.

[JMack]

This guy is still taking trips to Thailand. We tried to get him on one of them, but it fizzled out for unknown reasons. We all know what he’s doing there.

I feel for the victim, but at some point, she needs to think about the little girls who can’t protect themselves from this scumbag, and help them by putting him away.

[OldDeckHand]

"I wonder if they were able to obtain samples in the day?"

I don't know what forensic evidence was collected, if any. Or, if the victim was examined by medical personnel in the time immediately after this alleged rape.

Even in the absence of any physical evidence, Polanski hasn't done himself any favors while on the lamb. He has, on numerous occasions, and in very public and on the record settings, admitted to sex with the girl, a de facto admission of statutory rape, at the least. Polanski was certainly Mirandized several times before fleeing the jurisdiction of the tribunal, and of course, anything he said even on the run would be admissible in the California court.

[DoughtyOne]

Thanks for the mention. I had wondered why we hadn’t heard more about his proclivity for children. This makes sense.

I agree with your take on this woman that now wants charges to be dropped. This isn’t just about her, and never was actually.

Our society has a vested interest in protecting our children from people like this.

I agree that it’s too bad this guy slithered through the hands of justice for as long as he did.

[DoughtyOne]

I agree. He’s toast on the issue. I don’t know if justice will ever be done, but I’d like to think it would.

Wouldn’t you keep your mouth shut on the topic? This guy has no shame. Another poster mentioned his trips to South East Asia. There’s a child trade going on there.

This one ugly human being. It’s amazing to watch folks try to defend him, as if his artistic talents should garner him human sacrifices. In a word, pathetic.

[Cheapskate]

Oh! so there was somthin there after all!.

I still remember her in "Cat People"!