LOS ANGELES _ A Los Angeles County judge has denied the latest effort by filmmaker Roman Polanski to resolve his 40-year-old statutory rape case, saying that the filmmaker cannot be sentenced in absentia because he remains a fugitive from justice.
In a written decision handed down Monday, Los Angeles County Superior Court Judge Scott Gordon said Polanski's current motions are based on the same arguments previously presented and rejected by other judges. "No sufficient or compelling basis for reconsideration of these issues... has been presented," he wrote in the decision.
But the judge has agreed to a hearing later this month to consider a controversial piece of testimony that Polanski is seeking to unseal.
In recent court filings and at a court hearing in March, Polanski asked to be sentenced in absentia, arguing that he has already exceeded the custody time he was originally required to serve. He also noted that courts in Poland and Switzerland have turned down separate extradition requests by U.S. officials, citing procedural irregularities in the case.
Polanski, 83, offered to return to the United States and appear in court if it agrees to sentence him first.
For years, Polanski has alleged extensive judicial misconduct in the case, starting with the original judge. He contends that the corruption has continued for decades with other judges being told by court officials how to rule in his case.
The director has long sought to unseal testimony given in 2010 by Roger Gunson, the original prosecutor. Polanski's lawyer has argued that the testimony contains vital information and should be part of the public record.
At a March hearing, Polanski's attorney withdrew his request to unseal the documents but reinstated it days later, asking the court to "lift this unnecessary veil of secrecy."
The court said Monday that a hearing regarding the Gunson testimony has been set for April 26.
The complex legal battle began 40 years ago when Polanski was arrested at a Beverly Hills hotel in 1977 on suspicion of having sex with a 13-year-old girl he had photographed for a magazine assignment. He later pleaded guilty to unlawful sex with a minor.
L.A. County Superior Court Judge Laurence Rittenband sent the director to a Chino prison for a 90-day diagnostic study. Polanski was released after 42 days on the recommendation of the prison.
What happened next has been the subject of contention between Polanski, the court and the district attorney.
Polanski has argued that Rittenband promised that his stay in Chino would constitute the entirety of his time in custody. But he contends that the judge reneged on the promise. Fearing additional prison time of indeterminate length, Polanski fled the country in 1978.
The case was one of the most-followed legal dramas of the era. Polanski was a highly acclaimed filmmaker at the time, having directed movies such as "Rosemary's Baby" and "Chinatown."
The killing of his pregnant wife, Sharon Tate, a decade earlier by members of the Manson family only added to the public's fascination.
A deal was almost reached in 1997 for Polanski to return to the United States and be sentenced to time served. But the director backed out at the last minute upon learning that the court proceedings would be televised.
In 2008, the documentary "Roman Polanski: Wanted and Desired" reignited public interest in the case with new interviews alleging judicial misconduct by Rittenband.
The next year, Polanski was arrested in Switzerland while on his way to a film festival in Zurich. After spending several months in prison and under house arrest, Polanski was freed by Swiss officials who declined the United States' extradition request.
A similar request failed in Poland in 2015, with a judge citing alleged unethical behavior by Rittenband.
Harland Braun, Polanski's attorney, argued at the March hearing that his client has served more time than he was promised, counting the time spent in custody in Switzerland.
But prosecutors argued that Polanski's fugitive status disqualifies him from seeking any resolution. Deputy District Attorney Michele Hanisee called Polanski a celebrity who "wants special treatment."
The new ruling echoes past court decisions in the case in which judges have invoked the fugitive disentitlement doctrine to bar Polanski from resolving the case from the safety of his home in Europe. Since fleeing the United States in 1978, Polanski, who holds dual French-Polish citizenship, has lived primarily in Paris.
In 2009, a California appeals court judge said that the lower court could sentence Polanski in absentia and urged an investigation into the allegations of judicial misconduct in the case. But Polanski's lawyer contends that the recommendation was ignored by the lower court.
Samantha Geimer _ the victim who was 13 years old when the crime took place _ has in recent years voiced her support for the dismissal of the case against Polanski.
Since fleeing the United States, Polanski has continued to make movies in Europe. He won an Oscar in 2003 for directing the Holocaust drama "The Pianist," but didn't return to the United States to accept the award.
He is in post-production for his latest movie, "Based on a True Story," which stars his wife, the French actress Emmanuelle Seigner.
