Polanski dismissal rejected; alleged misconduct

LOS ANGELES - In a case that the public passions, director Roman Polanski has polarized not win his freedom on Monday for a 32-year-old sex crimes, but an appeals court said in a statement it was probably under strong in litigation misconduct and his case. The opinion criticized Polanski fled to his native France in 1978, but struck two legal options that could lead to his freedom now - will file a motion sentenced in absentia, or let his fight against extradition, return to the be convicted of the United States and in person, not more likely to result in detention. Polanski is an electronic device, while monitoring, under house arrest in Switzerland, where he was a refugee when he was visiting a film festival in September arrested. The 2nd District California Court of Appeal rejected the request downright dismissal, which was addressed by Advocate Polanski and his victim, Samantha Geimer, which was established long ago. The judges said they were "deeply concerned" about misconduct by a judge probably now deceased and a former lawyer who had advised him. They called for further investigation. The new focus on the case has triggered a wave of world opinion. Some are imprisoned angrily called for Polanski. Others, including some members of the film industry has pleaded for his release. The appeals court criticized Polanski to leave the country condemned instead. "Also made with regard to our fundamental concerns about the debt that supported claims in this case by substantial evidence the theft was not the only option for Polanski. It was not even his best option," the decision said. She said that her lawyers would have immediately tried to disqualify the judge and ensure other applications submitted to a fair trial. The court supported the decision, Superior Court Judge Peter Espinoza, who has refused to hear the case without the presence of Polanski, director. The judge said it was the discretion of the judge in the context of a doctrine that the judicial procedures for the flight to avoid prosecution denies. Moreover, said that his decision to sentence Polanski was missed, if such a motion. Prosecutors brought the case to court after an HBO documentary disclosed alleged wrongdoing in the matter in detail. The judges then saw "Roman Polanski Wanted: and desirable" and in detail of his discussions with David Wells, a retired deputy district attorney who secretly advised the alleged end of the Superior Court Judge Laurence J., cited on the Ritten band, which in Polanski to do the case. "If the account Wells is true, was a judge Renon band on a path of Ungerechtigkei t by an officer of the court with a personal ax open Reg ler and no reluctance to engage in ex parte communications unethical and illegal to develop, phrases nonappealable deal that says a fair trial rights of the defendant and the sentence, "the opinion . Wells did not return calls from The Associated Press. Since then, he has said he lied in the documentation. Polanski's lawyer, Chad Hummel, Douglas Dalton, left, is that they make no comment. "Today's decision by the Court of Appeal new step in the resolution of the sentencing State Polanski, "the office of the prosecutor in a statement." We expect that a Swiss court decision on his extradition to Los Angeles to let all problems can be resolved by the Supreme Court. "Written repeatedly in the 70-page decision Associate Justice Laurie Zelon again to the passage of time and called it" one of the longest stories in the history of the California criminal justice system. "L story was a sensation with his Hollywood regalia. Polanski, who as director of" Chinatown was famous "and" Rosemary's Baby ", also saw his name in the title in one of the most terrible tragedies of the nation in 1969 was the murder of his wife, actress Sharon Tate and six others by the Manson family is known. Polanski, Geimer with navigation, along with 13 shooting, with champagne and a part of a Quaalude pills pay then raped her at a modeling in the home of Jack Nicholson in 1977 . Polanski was originally made with six counts, including rape by use of drugs, pedophilia and sodomy charge. More later he pleaded guilty, negotiated a count of unlawful sexual intercourse with the appeal. was sent to prison for a diagnostic examination . The judge, who had promised no additional prison sentence, is back, and he wants to condemn more strongly. It seems that dealing with the public condemnation of Polanski's actions and calls for harsh sanctions, the appeals court said: "The fundamental fairness and justice in our criminal justice system are much more important than the guilt and the conviction of every individual. "Justices of Appeal are the second court to concerns about the treatment of Polanski. Increase Espinoza, said earlier this year it seemed a" big mistake ", but that did Polanski returned to the United States to be ejected in favor of the cause. Loyola University Law professor Stan Goldman said Polanski will most likely resolve return to the United States to the problem, however, could be sent to prison early. "But it would be relatively short, and the court suggests that it would be" free " said Goldman. _____ Anthony McCartney Associated Press contributed to this report.