Polanski's sentence is only 90 days?

[rvablue]

That is what this article seems to say.

http://www.cnn.com/2009/SHOWBIZ/Movies/09/29/polanski.filmmakers.protest/index.html

He has already pled guilty to the charges. Why doesn't he just do the time for his admitted crime? A sentence, IMO, that is way too short, regardless of the passage of time.

[TheWraith]

1. His sentence was 90 days, then the prosecutor went back on the plea deal. nt

[TorchTheWitch]

8. There was no sentencing deal

Read the plea transcript... http://www.thesmokinggun.com/archive/years/2009/0928091polanskiplea1.html

MR. GUNSON: Mr. Polanski, because this offense involved a girl under the age of 14, it is mandatory that MDSO proceedings be instituted. MDSO means Mentally Disordered Sex Offender.

If you are found to be a MDSO and amenable to treatment, you could be sent to a State Hospital for an indeterminate period of time.

If you are found to be an MDSO, you would have to register that fact with the law enforcement officer of the community in which you resided.

Mr. Polanski, who do you believe will decide what your sentence will be in this matter?

THE DEFENDANT: The Judge.

MR. GUNSON: Who do you think will decide whether or not you will get probation?

THE DEFENDANT: The Judge.

MR. GUNSON: Who do you think will determine whether the sentence will be a felony or a misdemeanor?

THE DEFENDANT: The Judge.

MR. GUNSON: Do you understand that at this time, the Court has not made any decision as to what sentence you will receive?

THE DEFENDANT: (No response.)

MR. GUNSON: Do you understand that the Judge has not made any decision?

THE DEFENDANT: Yes.

MR. GUNSON: Further, do you realize that this Court will not make any decision regarding probation and sentence until after it has read and considered the report and recommendation that will be prepared and submitted to it by the Probation Department? And after it has heard the argument of your attorney and the argument of the prosecutor; --

THE DEFENDANT: Yes.

MR. GUNSON: -- do you understand that?

Mr. Polanski, do you understand that at the time of probation and sentencing, the prosecutor may argue that you should be sentenced to State Prison, or be incarcerated in the County Jail?

THE DEFENDANT: Yes.

MR. GUNSON: Since you are not a citizen of the United States, a possible consequence of your plea of guilty today may be that you would be deported and excluded from this country.

Do you understand that the decision to deport and exclude you from the United States is made by the Federal Government? That is, the Immigration and Naturalization Service?

THE DEFENDANT: Yes.

MR. GUNSON: Do you understand that although Judge Rittenband may recommend to the INS that you not be deported, the Judge has not made that decision, and will not make that decision until the probation and sentence hearing?

THE DEFENDANT: Yes.

MR. GUNSON: Do you understand that Judge Rittenband may not make such a recommendation?

THE DEFENDANT: Yes.

-----

MR. GUNSON: The District Attorney will make a motion to dismiss the remaining pending charges after sentencing.

Other than that promise, has anyone made any promises to you, such as a lesser sentence or probation, or any reward? Immunity? A Court recommendation to the Immigration and Naturalization Service, or anything else, in order to get you to plead guilty?

THE DEFENDANT: No.

-----

THE COURT: Yes. Before you do so, however, I must advise the defendant, under Section 1192.5 of the Penal Code, that the approval of the Court to the plea is not binding on the Court; that the Court may, at the time set for hearing on the application for probation or pronouncement of judgment, withdraw its approval, in light of further consideration of the matter; and three, in such case, the defendant shall be permitted to withdraw his plea, if he desires to do so.

Now, Mr. Polanski -- and the Court will also make a finding at this time that the plea was freely and voluntarily made, and that there is a factual basis for it.

You may now proceed to take the plea.

MR. GUNSON: Mr. Polanski, to Count III of the indictment number A-334139, which charges you with the commission of Unlawful Sexual Intercourse on March 10th, 1977, a felony, how do you plead?

THE DEFENDANT: Guilty.

[msanthrope]

36. He was not sentenced. He skipped before sentencing.

He was given a 90-day psychiatric hold at Chino. He was released after 42 days.

Then Polanski worried that he wouldn't get probation--so he skipped beofre sentencing.

[seabeyond]

37. it sounds to me like that 48 days of 90 he didnt serve is the deal breaker polanski fled

from

48 fuckin days

he left

cause he felt he should get time served

that is the reneg on the plead deal

[Warpy]

2. Please review the history of his case

He pled guilty, complied with a court order, and underwent 6 weeks of intensive treatment in a mental hospital. He was released and expected to be put on probation.

Instead, the DA decided to grandstand and impose a Draconian sentence. Polanski, a survivor of a concentration camp, panicked and bolted.

The victim doesn't want him in prison. The men who treated him at the mental hospital don't think he's a menace to anyone. In fact, that has been the case during his long absence.

Putting him in prison now to satisfy a grandstanding DA and a bunch of people unrelated to the case shrieking for a vengeance no one connected to it wants is grotesque.

90 days sounds about right to me.

However, there should have been a codefendant, the girl's ambitious mother who failed to protect her daughter. No reasonable parent would allow a vulnerable child to be alone with a playboy in his home for any reason.

[27inCali]

3. a draconian sentence would have been appropriate

ah, the poor child rapist, didn't get a fair shake. cry me a river.

[armyowalgreens]

4. What if he was truly mentally disturbed?

[spoony]

6. Then that would further undermine the whole pretense

DUers are using to defend him from imprisonment.

[armyowalgreens]

9. Well we don't send the mentally ill to prison. At least we shouldn't.

So no, it doesn't weaken our argument. However, it does suggest that he should be committed to an institution for analyses.

[LisaL]

31. Nonsense.

We do in fact send mentally ill to prison. All the time. There is a big difference between not guilty by reason of insanity and being mentally ill.

[Thickasabrick]

38. Since it was pre Reagan, we still had good mental institutions that

he could have gone to.

[spoony]

5. Hmm, you can't have it both ways.

You say the mother is guilty of not protecting her daughter, but earlier you say no one thinks Polanski is a threat. So, naturally the question is, protect her from what? She seems to have held the same opinion you're advocating currently.

And, as an aside, I guess that "intensive treatment" didn't take, since he just fled the country and started fucking another underage girl.

[redqueen]

7. Yeah, but it's *legal* for middle-aged men to fuck 15-year-olds in Germany...

so it's totally okay!

[Warpy]

15. What part about intensive treatment didn't you understand?

Really.

[redqueen]

22. Apparently it wasn't intensive enough. (nt)

[rvablue]

11. OMG.

Doubt you're ashamed of a word you wrote.

So, I'll be ashamed for you.

Invoking concentration camps and claiming the incredibly stupid and irresponsible mother be co defendent to the man who drugged and sodomized her daughter.

Shame. On. You.

[Warpy]

13. Shame on you

for not reviewing the whole case, including the wishes of the victim.

[redqueen]

19. Are the wishes of the victim meaningful in statutory rape cases?

It wasn't Geimer vs. Polanski.

[armyowalgreens]

23. The question is not ARE they meaningful, but SHOULD they be meaningful.

[redqueen]

26. It depends on the case of course. (nt)

[armyowalgreens]

27. I think the victims wishes play a role in every case. But the level of importance varies.

[rvablue]

20. I've read about the wishes of the victim.

Shame on you for using the horrors of concentration camps and the naivite or irresponsibility of her mother to excuxse A CHILD RAPIST.

And, by the way, had the child rapist coward done the time for his disgusting crimes (that he confessed to), the victim wouldn't be re-traumatized every time this is raised again.

In her statement, she has said nothing of his innocence. She merely states that she wants it to all be put to rest so that she is not re-traumatized. Polanski, the admitted child rapist, could have granted her that wish decades ago.

[spoony]

24. Have any of you using that awful argument ever considered

that it's not that strange for a rape victim to not wish to have that traumatic experience relived, especially in such a public case? That it is BECAUSE of the nature of what he did to her that she doesn't want it shoved in her face, because of its severity and NOT its insignificance?

You lot would make shite DAs, dropping every case where a victim doesn't want to proceed.

[msanthrope]

42. Shame on you for calling him a concentration camp survivor when he is not. n/t

[mnhtnbb]

14. I agree, especially that the mother should have been a codefendent.

Generally accepted movie industry standards advise parents/guardians to NEVER leave a minor alone on a set.
Doesn't make any difference whether it's a photo shoot or a movie or TV production. The industry
is notorious for casting couch situations. The mother had a legal obligation to protect her daughter and
didn't.

Anyone who wants to excuse the mother on the basis of 'stupid and irresponsible' but not legally culpable
should review the California Penal Code.

http://law.justia.com/california/codes/pen/11164-11174.3.html

[Warpy]

17. There are plenty of villains to go around in this one

but the girl herself, now a grown woman, has said she feels no threat, doesn't want him in prison and just wants the whole thing over for good.

I think her wishes should be respected.

[LisaL]

30. Draconian sentence? Really?

What should one get for having unlawful sex with a 13 year old girl?

[seabeyond]

39. impose a Draconian sentence....i keep hearing, but we dont see. he served 42 days of 90

judges draconian sentence was the rest of 90.... 48 days.

[msanthrope]

41. Polanski is not a survivor of a concentration camp.

DA's don't impose sentences.

And neither had the judge at that point.

And not for anything, but raping a 13 year-old, and then having a 15 year-old girlfriend does make you a menace.

[hokies]

10. Why would he voluntarily do the time? They couldn't convict him now.

The victim clearly wants to move on, so you couldn't count on her to testify. Also, I'm betting that statements made for a plea bargain negotiation that was withdrawn can't be used against him in a court of law. I doubt that the prosecution could now even prove that he had sex with the victim. His lawyer should be disbarred for incompetence if he lets his client go to jail.

[armyowalgreens]

12. You don't get disbarred for losing a case.

[hokies]

18. Well, the lawyer would have to be a complete idiot

:hi:

[armyowalgreens]

25. Are you a lawyer?

I'm not. So I surely do not know the legal technicalities behind this case.

The law has a way of being completely illogical on many occasions.

It's not always straightforward. So to call the lawyer an idiot for losing is being a bit ignorant.

[hokies]

29. Never called "the lawyer an idiot for losing"

Only said that he would have to be an idiot to advocate the position that I wrote against, i.e. advising his client to suck it up just voluntarily do the days in prison without fighting for his freedom. I'm also not a politician, but I know that the Baucus health care bill is a rip off to the American people.

[TorchTheWitch]

16. he plead guilty - he was already convicted

and he fled the country hours before he was to be sentenced. Voluntarily do the time???? What the shit are you talking about?

[hokies]

21. "Why doesn't he just do the time for his admitted crime?"

Clearly I was responding to the OP, who was asking why doesn't he just suck it up, not fight the legal system, and voluntarily do his time since it is not a long jail sentence. :hi:

[TorchTheWitch]

28. well, he didn't want to suck it up

He fled and hid outside the US for decades avoiding places he could be extradited back... I would consider these actions on his part to mean that no way no how was he going voluntarily face the music.

[LisaL]

32. He plead guilty. There is no need to convict him.

Why is that so hard to understand?

[msanthrope]

35. All of what you've posted is moot.

He's already pled guilty. He skipped before sentencing, but his plea was already in.

[eShirl]

33. I thought he fled before sentencing?

?

[JVS]

34. It seems so odd that he's a fugitive from a slap on the wrists.

[Thickasabrick]

40. I've read conflicting news reports on this. I've read 90 day, 50 years,

and 100 years. I'm not actually sure what the judge was going to sentence him to.

[seabeyond]

43. IF there was any kind of " impose a Draconian sentence" dont you think news would be all over it

what a story that would be. polanski faces 10-30 yrs in jail. the judge reneged on the deal and gonna throw book at him, but he ran away

NOTHING out there. nothing. but on a documentary from the very industry that is now supporting him, the rapist

if there was anything, we would haev heard it

instead, it is a mere 48 days he ran away from. thought he was going to get time served

[Thickasabrick]

45. If he ran away for only 48 days, then he needs to be locked up extra

just for being that stupid!! Keep me posted.....and glad we are cool now.

[seabeyond]

47. it would be pure arrogance if this ends up to be the case. nt

[Liquorice]

44. Lawyer in Polanski Documentary Now Says He Lied

"In a bizarre twist to Roman Polanski’s renewed legal fight over a 32-year-old sex case, a retired deputy district attorney who triggered claims of official corruption by telling a documentary filmmaker he had coached a judge in the case now says he made it all up."
http://www.nytimes.com/2009/10/01/us/01wells.html

[Thickasabrick]

46. That is Huge!!! nt

[Liquorice]

49. I knew something wasn't right about that documentary. Maybe Polanski paid that guy off? nt

[seabeyond]

50. a documentary made by the very industry protecting polanski. why would it be right

we watch all the time documentaries that lean in directions. easy to do

[seabeyond]

48. fucker. it just felt like it. be interesting how this story of arrogance continues. nt