Appeal 'can't alter Polanski case'
Roman Polanski's victim cannot ask for the 32-year-old sex case to be dismissed against the fugitive film director or affect the case, US prosecutors told a court.
In a filing to the California Second District Court of Appeal, Los Angeles County prosecutors said a recent constitutional revision spelling out crime victims' rights did not grant them the power to determine the outcome of criminal cases.
They are also asking the appeals court to reject requests by Polanski's victim, Samantha Geimer, to have the case heard in another county and unseal recent testimony by a former prosecutor.
Prosecutors argue that granting her request for dismissal would "fundamentally alter the way in which crimes are prosecuted". The filing says that if victims were parties to criminal cases, cases could be dropped either through intimidation, coercion or public pressure.
Ms Geimer petitioned the appeals court to dismiss the case and make the other rulings in March. It is a separate appeal from one being pursued by Polanski's lawyers that seeks the appointment of a special counsel to investigate alleged judicial misconduct in the case. The court has not yet ruled on Polanski's appeal.
California voters in November 2008 approved a measure that wrote specific victims' rights into the state constitution, including giving them more notice about criminal proceedings.
Ms Geimer has repeatedly sought to have the case dismissed, saying renewed interest of the case and media coverage has led to her being repeatedly victimised.
Polanski, now 76, was accused in 1977 of plying Ms Geimer, then 13, with champagne and part of a Quaalude pill, then raping her at Jack Nicholson's house.