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Monday, December 14, 2009

VICTIM’S ATTORNEY: DISMISS ROMAN POLANSKI CASE


AP hearing video link, above.

Courtesy of the New York Times, we have learned additional details about last week’s Los Angeles hearing before a California appeals court: The now 46 year old victim addressed the court—which is considering Polanski’s bid to compel the trial court to consider his long-distance motion to dismiss the charges—and through her attorney has demanded dismissal of the charges.

As observed by the Times:

“Roman Polanski is getting help from his victim in a bid to have sex misconduct charges against him dismissed.

“The attorney for Samantha Geimer, who long ago publicly identified herself, argued for an end to the 32-year-old case on Thursday, saying she has repeatedly said she wants it dropped.”

The times reported:

“Geimer's attorney, Lawrence Silver, argued for dismissal on grounds of a recently adopted law allowing victims to have a say in cases.

“Justice Fred Woods responded that when the law was passed, ''No one could have anticipated the facts of this case.''

“Silver added, ''No one in this room would say the proceedings were fair. Thirty-two years is enough.''”

This request for dismissal by the now adult victim adds an additional dimension to an already interesting and unique set of circumstances: The very rare instance (at least in non-domestic violence cases) where the criminally accused is aided in his defense by the alleged victim.

How the prosecution can put on a 32 year old statutory rape case without the cooperation of the alleged victim is not known.

Earlier this year, Polanski's attorneys made similar arguments for dismissal in a Los Angeles court, and Judge Peter Espinoza said "substantial misconduct" did occur.

But in May, Espinoza refused to dismiss the case, saying Polanski must first surrender on the charges—leading to last week’s appeal hearing.

Video: Polanski victim requests dismissal (AP)

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