Denied: Polanski's Request for Dismissal

Roman Polanski's bid to have his decades-old case dismissed has been rejected.

A state appeals court announced Monday that it denied the request.

The court's Web site states an opinion was filed in the case, but it was not immediately available. The website states three justices agreed to reject Polanski's appeal.

Attorneys for the director argued earlier this month that misconduct in the case were grounds for dismissal of a charge of having unlawful sex with a minor.

His attorneys argued that the "fugitive disentitlement doctrine," cited by Superior Court Judge Peter Espinoza, did not apply to the filmmaker because of the egregiousness of the misconduct alleged, according to the LA Times. Espinoza ruled one year ago that Polanski must surrender before pursuing misconduct claims.

"We conclude that the trial court did not abuse its discretion in applying the fugitive disentitlement doctrine and refusing to consider dismissing the action," Justice Laurie D. Zelon wrote.

Swiss Justice officials are still studying a U.S. extradition request for having sex in 1977 with a 13-year-old girl. They're also considering an argument by Polanski's lawyers against him being handed over to authorities in Los Angeles.

Polanski was released from a Swiss jail on Dec. 4 and escorted to the Alpine chalet. He was arrested Sept. 26 as he arrived in Zurich to receive an award at a film festival.

Polanski was accused of raping a 13-year-old girl after plying her with champagne and a Quaalude pill during a modeling shoot in 1977. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy, but he pleaded guilty to the lesser charge of unlawful sexual intercourse.

In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation. The evaluator released Polanski after 42 days, but the judge said he was going to send him back to serve out the 90 days.

Polanski then fled the United States on Feb. 1, 1978, the day he was to be sentenced, and has lived in France since. He claims the U.S. judge and prosecutors acted improperly in his case.

Copyright AP - Associated Press
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