Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Appeals Court Delays Director Roman Polanski’s Hearing on Whether to Dismiss 1978 Child Rape Case Against Him

An appeals court has issued a stay on proceedings to determine whether to dismiss Academy Award-winning film director Roman Polanski’s bid to have a 31-year-old sex with a minor case dismissed. The 75-year-old filmmaker’s criminal defense team claims there is new, uncontested evidence of prosecutorial and judicial misconduct that deprived the 75-year-old filmmaker of his statutory and constitutional rights.

The exiled movie directed pleaded guilty in 1978 to one count of unlawful sexual intercourse with a 13-year-old female at the house of Academy Award winning movie star Jack Nicholson. Polanski was sentenced to 3-months at a psychiatric center. After about a month and a half at the facility, he was released. When it appeared that he would receive additional sentencing, Polanski left the United States and hasn’t returned since.

The movie director is now seeking to have the case dismissed after a 2008 documentary, “Roman Polanski: Wanted and Desired,” brought some of these new allegations against the judge and prosecutors to light. Now, the director’s criminal defense team wants the child rape case moved out of Los Angeles.

Polanski’s then-teenaged victim, Samantha Geimer, is now 45. She has asked that the case against the director be dismissed. She says she doesn’t want to be further traumatized by having the details of the child rape case repeatedly rehashed. She also believes prosecutors are trying to take the focus away from their alleged wrongdoings in the case. Although prosecutors want Polanski to return to the US to be present for the proceedings, there is a warrant for his arrest if he does appear in court.

Polanski wins a stay on hearing in child-sex case, Los Angeles Times, January 21, 2009
Rape victim urges prosecutor drop charges against Polanski, AFP, January 13, 2009

Related Web Resources:

Roman Polanski: Wanted and Desired, HBO.com
Roman Polanski Media Reports Archive, The Zero.com
You are entitled to having your constitutional rights upheld-even if you have been arrested, charged, or found guilty of any crime. To discuss your Massachusetts criminal case with an experienced Boston criminal defense team, call Altman & Altman LLP today.

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