A US judge has once again shut down efforts by Roman Polanski to get the 40-year-old rape case against him dismissed, with Variety reporting that Judge Scott Gordon refused to end the case today without Polanski submitting himself before an American court.
Judge Gordon said it is established the case can not be rejected "merely because it would be in the victim's best interest" and added that her testimony was "dramatic evidence" of the persisting damaged Polanski caused.
Polanski, who won a best director Oscar for The Pianist, has been in self-imposed exile since he fled the States in 1978, fearing a judge would extend his sentence after he served 42 days in jail. "In this case Ms. Geimer was a victim of serious crimes committed by the Defendant when she was thirteen years old".
Harland Braun, Polanski's lawyer, said he was "disappointed but not surprised" by the latest ruling and said his client would not be returning.
Polanski has never returned to the United States despite extradition requests in France, Switzerland and Poland , where he has lived since.
Los Angeles Superior Court Judge Scott Gordon said in a 10-page ruling that while Samantha Geimer - who was 13 at the time - had clearly suffered because of the case, he could not dismiss it "merely because it would be in the victim's best interest".
"The defendant continues to stand in a position that is at the core of the fugitive disentitlement doctrine", writes Gordon. Geimer has said he drugged, raped and sodomized her. "It appears that a resolution of this case should be simple", he said. Neither Polanski nor Braun seek to justify the director's conduct in 1977 that led to the case, but they question "the honesty and integrity of some members of the criminal justice system" and hope the current court "has the wisdom and competence to resolve this ancient case".
The judge also rejected a request by Polanski's attorney to unseal testimony about the 1977 plea bargain, in an attempt to rescind an global arrest warrant against the director. Those who have no sympathy for the anguish of myself or my family care not for victims of sexual assault, Victims are not a commodity to be used to pursue their own agendas.