If Polanski faces the charges he might actually get away with it

[HamdenRice]

I don't know very much at all about criminal law, so if there are any knowledgeable about this please chime in and/or correct me.

But I was listening to some legal commentator while flipping channels last night (sorry, didn't get the name or channel -- it didn't seem important), but he said that because of prosecutorial and judicial misconduct, Polanski would probably be allowed to withdraw his plea. (On the misconduct, see the recent documentary everyone has been talking about.)

That could lead to a re-trial. At the re-trial, the victim, who already says she doesn't want Polanski to go to prison, could change or testimony or refuse to testify. (Of course, there's the old testimony and physical evidence.)

The rapist could actually be better off when it's all over -- a free man.

[LisaL]

My guess is she probably can be made to testify by subpoena.

And really, if he is charged with having unlawful sex with a minor, I don't think her testimony is all that important, but her age at the time is.

[Odin2005]

1. Buying off your victim pays.

:puke:

[CBGLuthier]

6. She sued. He settled

I would not call that buying off a victim. I won't say what I would call it but that IS what it IS.

[rfranklin]

2. He could get credit for time served in France...

Isn't that punishment enough?

[CoffeeCat]

3. He can change his plea to not guilty...

...but isn't it evidence that he previously pleaded guilty? Wouldn't that weigh heavily against him?

Furthermore, after Polanski raped the girl, she went home and told her mother--who immediately took her
to the ER where she had an examination. So, you've got physical evidence.

So, no matter what Polansi says or pleas at this point---He all ready admitted to raping her and there is
physical evidence that he had sex with a 13-year old girl.

He pleaded guilty because the evidence was overwhelming against him.

I don't think there is any positive outcome for him.

[zbdent]

7. changing plea ... hmm ... let's ask Larry Craig ...

[atreides1]

4. No one on DU is involved in this case

This doesn't involve anyone here on DU.

Those involved, include the judicial system, the victim, and the convicted felon.

Those not involved, everyone on DU!!!

[TexasObserver]

8. Stop trying to bark others off the topic.

You speak only for yourself, so if you don't want to read this thread, don't bother stopping on threads on this topic, and you'll be just fine.

This is a topic about a case in America and is of interest to most of us. In your world, this may not seem to be in your field of vision, but we are not similarly encumbered. We don't wear blinders.

Whatever one may think of this case, it has many interesting facets, and because many at DU have very strong emotions about it, the discussions are lively. We have a number of drama junkies at DU, and this kind of case really gets their dander up.

[Nuclear Unicorn]

5. He already plead guilty ergo there is no trial, he's already convicted...

...he fled the day before he was to be sentenced.

[HamdenRice]

9. I think the conviction could be overturned on appeal because of misconduct nt

[Nuclear Unicorn]

17. Was he tortured into confessing?

Any other CONVICT would have to be materially present to file an appeal. I don't think wealth and fame should be used as boons to skirt the law the rest of us have to obey especially one that involves a violent crime against women.

[eShirl]

10. He should try it and find out.

[TreasonousBastard]

11. The way I heard it, there were enough irregularities in...

the sentencing that the charges could be dropped completely.

What a lot of people are forgetting or ignoring is that ALL of the the rape charges were dropped, and won't be picked up again-- so much for the "justice" being craved for the evil rapist.

The charge he plead guilty to was something like illicit sex with a minor, that had jail from a few months to a few years as the penalty. The sentence was to be a few weeks, but since he already spent some time in the state slam, it would likely be time served, or no more than another week or two.

But, even though everything was agreed to, the judge backed out of the deal and indicated he would sentence the max, or something close to it, so Polanski skipped to France.

For 20 years or so the LA DA ignored this until maybe 5 years ago, when it became if not an obesession, really, really important to put him away.

So important that last year on an appeal, the new judge said there were enough irrelgularities to throw the whole thing out, but Polanski would have to make a personal appearance. Polanski, presumably, did not think it worth the risk. At his age, I doubt many would.

[LisaL]

12. Well maybe now he will have to make an appearance.

I fail to see why some should be above the law.
If your neighbor down the street plead guilty to having unlawful sex with a minor, I doubt many on your street would be so sympathetic and understanding.

[HamdenRice]

14. You're right -- I forgot about that

He's not actually charged with rape, is he?

[LisaL]

15. The rape charges were dropped since he accepted a plea

deal. He plead guilty to unlawful sex with a minor. The other original charges were dropped when he accepted a plea deal.

[HamdenRice]

18. So it gets complicated, because if the original plea is withdrawn

or conviction overturned, he would be open to new charges including rape? I don't know.

[TreasonousBastard]

21. Don't know about the law, but can't imagine the DA...

trying to charge him with all that again after all this publicity and the victim refusing to cooperate. Think of the spectacle of a rape victim hauled into court as a hostile witness and forced to testify.

But, stranger things have happened.

[Howardx]

22. they can convict with victims grand jury testimony

easily.

[HamdenRice]

26. Maybe a criminal lawyer can chime in, but can grand jury testimony be introduced?

I'm not sure it can, because in a grand jury, the defense can't cross examine witnesses.

[Liberal In Texas]

13. Can't he still be charged with "unlawful flight"?

Or whatever it's called. I wouldn't think the statute of limitations would run out on that, but maybe.

[HamdenRice]

19. I think so. nt

[redqueen]

16. How do you get away with raping a 13-year-old girl?

No matter what he paid her... no matter what she said... I don't see how the state can just ignore that.

[HamdenRice]

20. The so-called criminal justice system "processes people". It doesn't actually seek justice.

That's my take on it, and back then they got a conviction through a plea bargain. Sadly happens every day.

[MilesColtrane]

23. I think the arrest warrant was for fleeing. (failure to appear)

If the authorities can get him to California, he will most certainly be prosecuted for this.

The ultimate outcome of the confessed statutory rape will probably rest on who he hires as a representative in court. Money will be no object there.

[Echo In Light]

24. POLANSKI!!!

[Cetacea]

25. SMOKING!