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Ex-Prosecutor: Victim's Plea Won't Help Polanski Much
In a document surprisingly free of dry legal language, Santa Monica attorney Lawrence Silver’s statement on behalf of Samantha Geimer to dismiss the charges against Roman Polanski is extraordinary for its indignant tone.
The document lays out the suffering endured by Geimer every time the media spark the embers of the 32-year-old case. (Polanski admitted having sexual intercourse with Geimer in 1977, when she was 13.)
“Samantha Geimer just wants to be left alone,” Silver’s statement begins. “After 32 years of this, do you think she has that right?”
Silver, who arranged the original plea bargain that Polanski accepted so long ago, then spells out what “this” refers to:
-- Her children being handed gifts from photographers in exchange for family information.
-- The interruption of her husband at his workplace by photogs and reporters.
-- Unnamed health-related issues that have been caused by all the renewed publicity.
-- That her employer is becoming irritated by the disruptions in her life, which she fears might cause her to lose her job.
It’s too early to gauge the possible effects of Silver’s statement, which was filed with California’s Second District Court of Appeal, but it’s not likely to halt the extradition process that now rests with Swiss authorities. (Lawrence Silver had not responded to an interview request by the time of this post.)
“It’s not up to the victim to decide if charges are pressed, it’s up to the prosecution,” says former federal prosecutor Jean Rosenbluth, who teaches law at USC. “The fact that she took some kind of financial settlement will color how her statement’s perceived by the prosecutors and judge.” (Geimer settled a civil suit against Polanski in 1993, although many of its detail remain unknown.)
If and when Polanski is returned to Los Angeles, Superior Court Judge Peter Espinoza will be the one figuring out what to do with Polanski – the appellate court is indirectly involved in the case because, before his arrest, it was hearing an appeal from Polanski’s lawyers to let them argue for the dismissal of the charges he faced without Polanski having to appear in person. Spinoza already received a similar declaration from Geimer in January.
Still, Rosenbluth says, there is a theoretical possibility that Polanski could wind up facing a new trial and, in that instance, prosecutors might have to think twice of pressing their case if Geimer refuses to cooperate.
“Her statement is more likely to effect any sentence that Polanski might face, since he’s already been convicted. Her views are probably not foremost in [the prosecutors’] minds right now.”
Comments
Larry Deutchman Says
As a father with two daughters, I must ask -- is there a difference between whether your daughter is raped by Roman Polanski or some hood walking down the street? For those of you with daughters of your own, probably not.
Polanski was found guilty and when he feared the possibility of a stronger sentence for his crime, he fled justice. He did not pay for his actions. He continues to believe that he should not be held accountable.
If Polanski goes free without facing the court to resolve the issue, what does that tell other would-be rapists?
Whether the sentence was appropriate or not, whether the judge at the time was right or wrong, if he would stop dragging this out he would be able to get the reconsideration of what transpired reviewed. But as long as he continues to remain a fugitive -- one who does not, by the way, dispute his guilt -- he does not deserve to have his case reviewed and revisited with the possibility of being let off with time served.
It is not the D.A.'s office that is dragging this case out. It is Polanski and his attorneys who continue to file motions to block his extradition and get him released. The reason the original victim and her family are still faced with this matter in their lives (and are being revictimized again) is because for over 30 years Polanski has admitted his guilt but has been too weak to face the penalty for his crime. It is Polanski who continues to victimize this woman, not the justice system.
Thankfully it's not up to this father or he would be getting stiff penalties for evading the law and costing the taxpayers so much money in a 30 year case that would have meant a few months or less of additional jail time. This is the man of character that his defenders try to protect.
Put yourself in the shoes of the parents and children of this country when you try to help a rapist justify his not being punished for his crime. Outrageous!
Gwen Says
The current Los Angeles DA has forgotten the reason the plea bargain arrangement was struck 32 years ago by the victim’s lawyer Laurence Silver, the prosecutor Roger Gunson, and Polanski’s lawyer Douglas Dalton, which was to avoid a trial and avoid further humiliation of the victim and her family through media coverage.
Roman Polanski has been forgiven by the victim a long time ago, but not by the Los Angeles DA's Office.
Roman Polanski, a Frenchman, is being used to cover up Santa Monica Courthouse Judicial sins, & now is being used to entertain the masses along with the alleged victim, in having to live the whole thing over and over again.
We have just entered the Twilight Zone.
People like to be secure in their delusion that a Judge can do no wrong, and what is not being discussed is that Santa Monica Judge Laurence J. Rittenband, is guilty of metaphorically raping Roman Polanski and discriminating against him, and punishing him more than an American Citizen would have been punished for the same alleged crime.
The Santa Monica Courthouse Judge was able to wield leverage over Roman Polanski because if Polanski did not agree to give up his legal rights to fight deportation which Judge Laurence J. Rittenband was demanding, then he would face a more severe punishment.
Judge Rittenband in coercing Roman Polanski to agree to deportation using the threat of indeterminate prison time is illegal.
So Polanski if he had stayed in America- would have faced a never ending prison term from this Judge which would continue - until Polanski agreed to be deported.
This is how Judge Rittenband was able to (metaphorically) rape Roman Polanski, and put Polanski between a rock and a hard place– Judge Laurence J. Rittenband used illegal leverage on Polanski to eviscerate
Polanski's legal rights, and erase his choice to dispute deportation.
And when there is no real choice but to agree to deportation, then a metaphoric rape occurs!!!!!!
Judge Rittenband raped Polanski by taking away his right and his choice to fight deportation.
Bottom Line - Two Rapes don’t make a right, and Los Angeles is also raping the original victim and her family now, and re-victimizing her - in continuing this Roman spectacle when she doesn’t want any part of
it, and also apparently it is making her ill, as it would make anyone ill.