After getting denied to be assured of no more jail time for the 1977 rape of a 13-year-old-girl, director Roman Polanski is not giving up on hopes to return to the US and has compared the country's justice system to that of 'Nazis.'
As per the Hollywood Reporter, his attorney Harland Braun said, "The Court should consider why Mr. Polanski was not charged with unlawful flight by either the State or federal authorities. Mr. Polanski was as justified in fleeing this Court's illegal conduct as he was to flee the Germans who invaded Poland."
The attorney argued that Gordon failed to mention in his decision the reason Polanski fled because it eviscerates his theory for applying the doctrine of fugitive disentitlement, which holds that a fugitive from justice can't seek relief from the judicial system whose authority he or she is evading.
Earlier, the Oscar-winning director asked the court to state on the record, whether they believe he has served his time for the 1977 case but Judge Scott Gordon denied this request.
Polanski's attorney Braun, recently filed a motion to reconsider and called the judge's order morally incoherent, legally illogical, and factually deceptive.
Braun writes, "Rather than the 90 days promised Mr.
Polanski, this Court threatened Mr. Polanski with up to 50 years in state prison and deportation. f a defendant flees because of an illegal judicial threat, that threat should be removed before the defendant is expected to return to court."
Braun states that the only question before the court is a simple one - what was Polanski promised 40 years ago?
He says declarations of defense counsel, the victim's lawyer and former Deputy District Attorney Roger Gunson all show that Polanski's 43 days of psychiatric evaluation were intended to satisfy his total custody time.
Gunson's sworn testimony is currently sealed, and Braun has filed a motion to make that public.
"Once the promise is established, this case solves itself . The Court has no legal alternative but to give Mr. Polanski credit for his total custody time in California and Switzerland," wrote Braun noting that while 43 days had been deemed sufficient, Polanski later served more than 9 months in Swiss custody while authorities were deciding whether or not to extradite him.
"What if the People represented to the Court that Mr. Polanski owes no more custody time," Braun asks. "Does that not simplify this proceeding?," said Braun stating that judges asking prosecutors "what is the peoples position?" is a commonplace occurrence in criminal courtrooms and there is nothing strange or unprecedented about Polanski wanting that question answered in his case.
A hearing on the motion to unseal Gunson's testimony is currently set for April 25, which will likely also be the date the motion to reconsider is heard.
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