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Old 02-02-2009, 11:08 PM   #1
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Default Court Refuses To Grant Roman Polanski's Wish To Have 30 Year Sex Charge Dropped

Polanski 'Bias' Allegations Blasted As 'Frivolous'
2 February 2009 11:05 AM, PST


Director Roman Polanski's appeal to have the entire Los Angeles Superior Court bench disqualified from his longrunning rape case on the grounds of bias has been rebuffed as "frivolous" by the prosecutor. The filmmaker's lawyer has taken his client's case to the California Second District Court of Appeal in a bid to get a 1977 charge of unlawful sex with a 13-year-old girl removed from his records.

At the time, he pleaded guilty to the charge, but fled America and has lived the last three decades in exile.

Polanski's legal team filed a request in December to have the court throw out the rape allegation "in the interests of justice".

His lawyers claimed Los Angeles Superior Court officials and presiding judge Peter Espinoza had predispositions against Polanski - but the motion was denied in January.

Last week (ends30Jan09), lawyer Chad Hummel made a last-minute attempt to have the entire 600-strong Superior Court bench banned from hearing his client's case and have a neutral judge appointed from outside the country.

But the allegation was brushed off by the Head Deputy District Attorney, Lael Rubin, who filed a statement with the Court of Appeal on Friday, labelling the claims "patently frivolous" and based on "mere conclusions with no factual basis".

He continued: "No person aware of all the facts, would entertain any doubt about the impartiality of Judge (Peter) Espinoza and certainly not the entire bench of the Los Angeles Superior Court."

Polanski, who lives in France, cannot be extradited but faces arrest if he sets foot back on U.S. soil.

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Old 02-02-2009, 11:09 PM   #2
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