Polanski seeks 'misconduct' probe
Published 19/03/2010 | 05:21
Roman Polanski's lawyers have filed an appeal asking that a special counsel be appointed to investigate alleged judicial and prosecutorial misconduct in the fugitive director's 32-year-old sex case.
They cited new evidence provided by the original prosecutor in the case who testified in a recent series of secret sessions that he tried to disqualify the original judge in 1977 on grounds of misconduct but was ordered by his superiors not to do so.
The lawyers also accused the current prosecutors of giving false information to Swiss authorities to support Polanski's extradition to the United States when they knew his potential sentence did not fall within Swiss requirements to order his return.
The appeal said prosecutors were well aware that the now-deceased judge intended for Polanski to serve no more than 90 days in prison when the director pleaded guilty to unlawful sex with a 13-year-old girl.
Swiss authorities have said they will extradite Polanski only if they know he will be sentenced to at least six months behind bars.
Polanski remains under house arrest under electronic monitoring at his chalet in Gstaad, Switzerland. The appeal noted he has served 69 days in a Swiss prison and more than 100 days under house arrest since last September.
Los Angeles County district attorney's spokeswoman Sandi Gibbons said prosecutors were studying the appeal.
"We will respond in writing, which we believe is appropriate," Gibbons said.
The appeal was filed in the California 2nd District Court of Appeal, which has ruled on the case once.