LOS ANGELES _ A judge Friday denied Roman Polanski's his latest request to unseal testimony given by the original prosecutor in the filmmaker's 40-year-old statutory rape case.
Los Angeles County Superior Court Judge Scott Gordon also refused to resolve the entire case after Samantha Geimer, the victim of the 1977 crime, asked the court in June to bring the case _ which has caused her great personal anguish _ to an end.
Gordon wrote in his decision that the testimony given in early 2010 by Roger Gunson, the original prosecutor, was "properly sealed" under state law, so "there is no basis by which this court can revisit that question."
Gunson gave the testimony while Polanski was in custody in Switzerland and facing extradition to the U.S. The director was freed after Swiss officials rejected the U.S.'s request, citing the mystery surrounding Gunson's testimony.
Polanski's lawyers have long contended that the Gunson testimony contains crucial details about a plea agreement made in the case that would have limited the filmmaker's sentence to time he served at a Chino prison.
Polanski pleaded guilty to unlawful sex with a minor and was sent to Chino for a 90-day diagnostic evaluation starting in late 1977. He was released after spending 42 days in custody, based on the recommendation of the prison.
But when it appeared that Judge Laurence Rittenband wanted to send him back to jail, Polanski fled the U.S. for Europe.
Harland Braun, Polanski's U.S. attorney, said Friday that the director was forced to flee because Rittenband was dishonest. He also questioned why the Gunson testimony has remained sealed.
"It's a public proceeding _ end of story. The public should have access to it," Braun said.
In a filing Friday, Braun reiterated proposals to resolve the case, including having the court sentence Polanski in absentia. But Gordon rejected that suggestion in April, stating that the defendant's fugitive status disqualifies him from seeking relief in the court.
Polanski has also offered to return to L.A. and appear in court if the judge sentences him first. "Although Mr. Polanski accepts responsibility for his conduct, he believes the court system should accept some responsibility for its conduct in the case," Braun wrote in the filing.
