In this Nov. 14, 2008 file photo, Polish-born filmmaker and Academy Award winner Roman Polanski arrives for the opening ceremony at the 8th Marrakech Film Festival in Marrakech, Morocco. (AP Photo/Abdeljalil Bounhar, file)
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Lawyers for Roman Polanski, a fugitive for 30 years in a notorious sex case involving a 13-year-old girl, filed a request Tuesday to dismiss the charge against him because of prosecutorial and judicial misconduct.
The motion alleges that a documentary about the filmmaker released this year revealed "a pattern of misconduct and improper communications" between the Los Angeles County district attorney's office and the judge in Polanski's case.
"This case serves as a classic example of how our justice system can be abused, and defendants' rights trampled, by an unholy alliance between courts and criminal prosecutors," said a statement from attorneys Chad Hummel and Brad Dalton. Dalton is the son of attorney Doug Dalton, who represented Polanski in the original case.
The Polish-born Polanski, 75, has been living in self-imposed exile in France since fleeing the United States in 1978 after pleading guilty to having sex with a 13-year-old girl in Los Angeles.
He was initially indicted on six felony counts and faced up to life in prison. Instead, he pleaded guilty to one count of unlawful sexual intercourse with a minor and five other counts were dismissed.
Polanski, who had already been incarcerated for a psychological diagnosis for 42 days, skipped sentencing that would have sent him back to prison, and fled to France. The judge issued a warrant for his arrest that is still in effect.
The maximum sentence was 50 years, although prosecutors had said at the time that the typical sentence was 16 months to three years in prison.
Sandi Gibbons, spokeswoman for District Attorney Steve Cooley, said her office had not been served with the motion and heard about it only through media reports. She said the office could not take a position until they see the legal papers.
"We're looking forward to seeing Mr. Polanski in Los Angeles to litigate it," she said.
A hearing on the matter is scheduled for Jan. 21 in Los Angeles County Superior Court.
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