L.A. court hearing could set the stage for Roman Polanski's freedom

[kskiska]

Source: LAT

As Roman Polanski enters his second week under house arrest at his Swiss chalet, his American legal team is scheduled Thursday to face off with the prosecutors seeking his extradition in a downtown Los Angeles courtroom.

The issue before a state appellate court predates Polanski’s September arrest in Zurich, Switzerland, and concerns the nuances of a 19th century legal doctrine. But if the three-judge panel sides with Polanski, the ruling could set the stage for the possible dismissal of the movie director’s 1977 case and his release from detention.

The question before the state 2nd District Court of Appeal is whether Polanski, 76, should have been permitted to ask a judge in L.A. to toss out his case on the grounds of prosecutorial and judicial misconduct earlier this year when he was still a fugitive.

In February, the supervising judge of the Superior Court’s criminal division declined to entertain the request as long as the director refused to return to the U.S., where he faced immediate arrest. Judge Peter Espinoza agreed with Polanski’s attorneys that there was evidence of “substantial” misconduct in the original handling of the case, but said the principle of fugitive disentitlement barred him from convening a formal hearing or otherwise taking action.

Read more: http://latimesblogs.latimes.com/lanow/2009/12/la-court-hearing-could-set-the-set-stage-for-roman-polanskis-freedom.html

[closeupready]

1. I hope they decline to toss the case out.

n/t

[WriteDown]

2. House arrest in his Swiss Chalet....

is better than most people have it their entire lives.