Roman Polanski rape case nearing an end? Prosecutor says key document should be unsealed
Roman Polanski, the Oscar-winning director and fugitive from justice, may be approaching an end, 45 years after it began. It has been one of the longest unresolved criminal cases in California history.
Polanski, 88 , is “ecstatic,” his lawyer, Harland Braun, told USA TODAY.
The reason: Los Angeles County District Attorney George Gascón announced Tuesday that his office will no longer object, after decades of resistance, to unsealing a key document in the case in the interest of what he called “transparency” and the public’s and the victim’s right to know.
The document in question is a transcript of a sealed deposition of former Deputy District Attorney Roger Gunson, the original prosecutor of Polanski, and now retired. The director was accused of unlawful sexual intercourse with a 13-year-old girl in 1977, and pleaded guilty to one count.
More:Oscar winner Roman Polanski loses his bid for Academy reinstatement
Gunson, according to Braun, was questioned about alleged judicial improprieties in the handling of the case at the time, which were cited by Polanski as the reason he fled the country for Europe in 1978 before he was sentenced.
“Basically, (the document) lays out why he left,” Braun said. “(Polanski) is ecstatic. It’s the first time there’s been any movement in the case. He knows what this transcript says and people are going to be shocked.
“The next question is does (the document) still exist?” Braun added. “Has it been destroyed? It’s been a long time and a lot of different people have handled the case.”
In his letter to the state Court of Appeal in Los Angeles, which is considering a petition from independent journalists investigating court integrity, Gascón acknowledged that his predecessors in office had long fought the release of information about the case that should be public.
He told USA TODAY that he knew little about the background of the case before he took office 18 months ago. He said one of the central reasons he changed his office’s position on unsealing the deposition was his conversation with Polanski’s victim, Samantha Geimer, now 58.
“The victim herself is asking for closure and feeling that this office continues to traumatize her by holding on to potential misconduct in the judicial system,” Gascón said. “It is paramount the criminal legal system play by the rules. There’s no reason the victim shouldn’t know what happened (in the case) and that’s what put me over to the final decision.”
More:Director Roman Polanski to skip French Oscars amid protests over rape claim
To the court, Gascón said sealing orders should not be permitted “in perpetuity.” He argued the Gunson deposition was “effectively a post-plea evidentiary hearing on judicial and prosecutorial misconduct,” which would otherwise be a public record and thus should be open to the public.
“Ultimately, the public and the victim have the right to know and scrutinize the transcript as it related to the conduct of judicial officers and prosecutors who served on their behalf,” he told the court.
Braun said the court is expected to issue an order shortly. Braun expects the appellate court will agree to the unsealing now that the district attorney has dropped objections and because Geimer has long sought the unsealing, too.
Gascón hopes the court agrees for the sake of Geimer’s “closure. I think it will provide some level of finality to her quest for knowledge,” he said.
Geimer has publicly declared she has forgiven Polanski and has appeared in court to ask prosecutors to drop the case. She wants the appellate court to unseal the transcript and conduct an investigation into alleged judicial misconduct in the case.
More:Roman Polanski sues Oscars academy seeking reinstatement after ‘improper’ expulsion
After pleading guilty, Polanski was about to be sentenced when he fled the country in 1978, alleging that the judge in his case, who has since died, planned to impose a harsh sentence despite a plea agreement.
Multiple attempts to extradite Polanski from European countries subsequently failed. He went on to win an Oscar (in 2003) but has been unable to return to the United States ever since he fled. Because of extradition treaties, he’s been confined to France, where he mostly lives, Switzerland and Poland, where he was born.
Polanski has no plans to ever return, no matter what happens in Los Angeles, Braun said. But he would like the case to be over.
What the Academy’s 10-year ban means for Will Smith and future Oscar nominations
Gascón, however, insists that Polanski is still a fugitive from justice and should surrender himself in person in a Los Angeles court to be sentenced. He could also face prison for fleeing the country, although Gascón’s office has not decided a position on that issue.
Gascón stressed that dropping objections to unsealing is a separate matter to holding Polanski accountable for his admitted conduct. He said there is “no question” that the long effort to pursue and prosecute Polanski was “the right thing to do,” he said.
“Having said all that, there’s some evidence that seems to indicate there was judicial misconduct and maybe other misconduct in this case, and we have a victim who feels part of the closure for her is to get to know what happened,” Gascón said.
“But we don’t want to diminish how horrendous (Polanski’s) misconduct was. Polanski should be held accountable.”