LOS ANGELES COURT OF APPEAL DENIES POLANSKI PETITION

******BREAKING NEWS*******

By Blogonaut
April 22, 2010

Acting summarily, the California Court of Appeal for the Second Appellate District today denied fugitive actor Roman Polanski’s alternative request for a dismissal of the 33 year old sex charges or to unseal the new evidence of judicial and prosecutorial misconduct so the Swiss Authorities may consider that testimony.

The appellate panel decision was short and sweet:

“By petition for writ of mandate filed March 18, 2010, petitioner requests relief from this Court on the basis of new evidence and ask this Court to overturn the magistrates's order sealing a conditional examination transcript. Petitioner has failed to present this evidence to and request his desired relief from the trial court. (Phelan v. Superior Court (1950) 35 Cal.2d 363, 372; Safai v. Savia (2008) 164 Cal. App.4th 233, 243), and he has not established that he lacks an adequate remedy in the ordinary course of law. (Code Vil. (sic) Proc., sec. 1086.) Petitioner has also failed to demonstrate that the trial court lacked the discretion under Penal Code section 1193 to refuse to approve Petitoner's absence at sentencing. The petitioner for writ of mandate is Summarily denied.”

In a separate order the same court also denied Polanski 40 year old victim Samantha Geimer’s petition asking for the right to join in Polanski’s dismissal request.

This latest development in the 33 year old case clears the way for the Swiss government to act on Polanski’s bid to have extradition proceedings pending in that country dismissed.

The award winning director has been under house arrest in a gilded cage since his arrest by Swiss authorities under the United States extradition warrant.

This "summary denial" means that Los Angeles prosecutors will not be able to use the decision against Polanski should he be returned to the United States for further court proceedings since the denial was not on the merits of the director's claims.