ZURICH – Director Roman Polanski was arrested by Swiss police as he flew in for the Zurich Film Festival and faces possible extradition to the United States for having sex in 1977 with a 13-year-old girl, authorities said Sunday.
Polanski was scheduled to receive an honorary award at the festival when he was apprehended Saturday at the airport, the Swiss Justice Ministry said in a statement. It said U.S. authorities have sought the arrest of the 76-year-old director around the world since 2005.
"There was a valid arrest request and we knew when he was coming," ministry spokesman Guido Balmer told The Associated Press. "That's why he was taken into custody."
Polanski, the director of such classic films as "Chinatown," "Rosemary's Baby," fled the U.S. in 1978, a year after pleading guilty to unlawful sexual intercourse with the underage girl.
Polanski has asked a U.S. appeals court in California to overturn a judges' refusal to throw out his case. He claims misconduct by the now-deceased judge who had arranged a plea bargain and then reneged on it.
His victim, Samantha Geimer, who long ago identified herself publicly, has joined in Polanski's bid for dismissal, saying she wants the case to be over. She sued Polanski and reached an undisclosed settlement.
Balmer, the Swiss spokesman, said the U.S. would now have to make a formal extradition request. A U.S. Justice Department spokeswoman in Washington declined to comment on the case Sunday.
Polanski's French lawyer, Georges Kiejman, told France-Inter radio that it was "too early to know" if Polanski would be extradited.
"The proceedings must take their course," he said Sunday. "For now we are trying to have the arrest warrant lifted in Zurich."
Kiejman later told The Associated Press that France does not extradite its citizens and that U.S. authorities had never asked France to prosecute Polanski at home.
Balmer said Polanski's arrest was not influenced by politics, even though the director has often traveled or stayed in the country. A 1996 interview with Canada's Menz magazine describes Polanski's visits to the luxury resort of Gstaad, where he regularly came to ski, attend festivals or escape from media pressure.
The arrest of someone facing an international warrant is "automatic when you know when and at what time the individual is coming," Balmer said. "It's not as if Switzerland is controlling all people on the border. So people can enter and exit freely in most cases."
Switzerland joined Europe's passport-free area in 2008 and ended all passport checks in March on flights to and from the 24 other countries participating in the agreement. Even before then, it rarely closely monitored the identities of travelers from neighboring European countries entering Switzerland.
Balmer flatly rejected that the arrest was somehow aimed at winning favor with the United States after a series of bilateral spats over tax evasion and wealthy Americans stashing money at Swiss banking giant UBS AG.
"There is no link with any other issues in question," he told The AP.
Earlier this year, Superior Court Judge Peter Espinoza in Los Angeles dismissed Polanski's bid to throw out the case because the director failed to appear in court to press his request, but said there was "substantial misconduct" in the handling of the original case.
In his ruling, Espinoza said he reviewed not only legal documents, but also watched the HBO documentary, "Roman Polanski: Wanted and Desired," which suggests there was behind-the-scenes manipulations by a now-retired prosecutor who was not assigned to the case.
The Swiss statement said Polanski was in "provisional detention for extradition," but added he would not be transferred to U.S. authorities until all proceedings are completed. Polanski can contest his detention and any extradition decision in the Swiss courts, it said.
Polanski has lived for the past three decades in France, where his career has continued to flourish, and he received a directing Oscar in absentia for the 2002 movie "The Pianist." He is married to French actress Emanuelle Seigner, with whom he has two children.
He has avoided traveling to countries likely to extradite him. For instance, he testified by video link from Paris in a 2005 libel trial in London against Vanity Fair magazine. He did not want to enter Britain for fear of being arrested.
Rolf Haferkamp, a spokesman for prosecutors in Duisburg, Germany, declined to comment on why Polanski was not detained or arrested in Germany when he visited in 2008.
In Paris, Culture Minister Frederic Mitterrand said he was "dumbfounded" by Polanski's arrest, adding that he "strongly regrets that a new ordeal is being inflicted on someone who has already experienced so many of them."
Those comments referred to the fact that Polanski, a native of France who was taken to Poland by his parents, escaped Krakow's Jewish ghetto as a child during World War II and lived off the charity of strangers. His mother died at the Nazis' Auschwitz death camp.
Mitterrand's office said Sunday that he was in contact with French President Nicolas Sarkozy "who is following the case with great attention and shares the minister's hope that the situation can be quickly resolved."
Polanski worked his way into filmmaking in Poland, gaining an Oscar nomination for best foreign-language film in 1964 for his "Knife in the Water." Offered entry to Hollywood, he directed the classic "Rosemary's Baby" in 1968.
But his life was shattered again in 1969 when his wife, actress Sharon Tate, and four other people were gruesomely murdered in Los Angeles by followers of cult figure Charles Manson. Tate was eight months pregnant at the time.
Polanski went on to make another American classic, "Chinatown," released in 1974.
In 1977, he was accused of raping the teenager while photographing her during a modeling session. The girl said Polanski plied her with champagne and part of a Quaalude pill at Jack Nicholson's house while the actor was away. She said that, despite her protests, he performed oral sex, intercourse and sodomy on her.
Polanski was allowed to plead guilty to one of six charges, unlawful sexual intercourse, and was sent to prison for 42 days of evaluation.
Lawyers agreed that would be his full sentence, but the judge tried to renege on the plea bargain. Aware the judge would sentence him to more prison time and require his voluntary deportation, Polanski fled to France.
Zurich Film Festival organizers said Polanski's detention had caused "shock and dismay," but said they would go ahead with Sunday's planned retrospective of the director's work, including "Knife in the Water," "Chinatown" and "The Pianist." The festival runs from Sept. 24 to Oct. 4.
The Swiss Directors Association sharply criticized authorities for what it deemed "not only a grotesque farce of justice, but also an immense cultural scandal."
France's Foreign Ministry said the French ambassador to Switzerland and the consul general in Zurich have contacted Swiss authorities about arranging a consular visit for Polanski.
Foreign Minister Bernard Kouchner spoke to his Swiss counterpart, Micheline Calmy-Rey, to urge that "Polanski's rights be fully respected and that the case would quickly result in a favorable outcome," the statement said.
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- Re: ZT Swiss arrest Polanski on US request in sex caseposted on 09/28/2009
No one is above the law. - Re: ZT Swiss arrest Polanski on US request in sex caseposted on 09/28/2009
支持廖康!這人跟小姑娘上牀可不止一次,還下葯騙奸。不能做一個正確的人,再多的藝術才氣都扯蛋,這是我的觀點。如果廟的根基都是歪的,廟裏供奉的一定不是什麽好鳥。 - posted on 09/28/2009
这样说是有道理的,不过不能反映事实的全部。
拍电影的导演,搞模特摄影的,好来坞戏子,比他烂的多了去了。但罗曼的问题是当庭认罪了。据传,那是因为他的律师被起诉方和当时法官的暗示误导,认为能达成轻判妥协。后来律师改了口气,他就逃了。:)
虽说无人在法律之上,但现实中并不存在一个一成不变的法律准绳。比如上述情况,检控和法官掌握着相当大的尺度空间。又比如李文和案,上百项控罪最后象征性地承认了一条。辛普森杀妻案如何?罗曼可以这样想,比起辛普森来,他“亏”大发了。他的一个“教训”,就是主动认罪了。他是不是可以那样认为呢? - Re: ZT Swiss arrest Polanski on US request in sex caseposted on 09/28/2009
有道理就好,謝謝。至於他自己怎麽想,是不是虧了,我又不是愛人如子的上帝,還管得了那麽多。話説回來,早知今日何必當初呢,與其想著怎麽抵賴怎麽逃跑,何必當初自己作孽。過來過去全是別人的錯,就他自己沒錯,唯一的錯誤就是曾經認爲自己有錯,這種思維方式看來還是挺常見的。
- Re: ZT Swiss arrest Polanski on US request in sex caseposted on 09/28/2009
错都是相对的。
谁都有错。这不都有人引了Sin of Onan了嘛。Onan死罪的话,好来坞就没有几个活下来的人了。如果罪犯受到的惩罚跟他所犯的错不成比例,那法律的公平性就是个问题了。 - posted on 09/29/2009
如果是那个13岁的女孩子或者她的母亲等等设下的陷阱呢?如果那个roman真的爱过这个女孩子呢?或者他们真的有感情呢?
罗密欧与朱丽叶都是13、4岁的孩子。贾宝玉林黛玉也是未成年少男少女。lolita这样伟大的作品也是不道德的。
Joey wrote:
有道理就好,謝謝。至於他自己怎麽想,是不是虧了,我又不是愛人如子的上帝,還管得了那麽多。話説回來,早知今日何必當初呢,與其想著怎麽抵賴怎麽逃跑,何必當初自己作孽。過來過去全是別人的錯,就他自己沒錯,唯一的錯誤就是曾經認爲自己有錯,這種思維方式看來還是挺常見的。
- posted on 09/29/2009
maya wrote:
如果是那个13岁的女孩子或者她的母亲等等设下的陷阱呢?如果那个roman真的爱过这个女孩子呢?或者他们真的有感情呢?
罗密欧与朱丽叶都是13、4岁的孩子。贾宝玉林黛玉也是未成年少男少女。lolita这样伟大的作品也是不道德的。
不清楚这个案子的具体情况。如果是违背女孩意愿的强暴(or some drugs involved) 这当然是重罪。但如果只是出于感情的 "unlawful sexual intercourse with a minor",虽然也是违法 (unlawful or illegal), 但未必是一种罪恶 (sin)。那个当年的女孩早已经原谅他了,并不主张法律追究。
社会舆论对男女之事和性事都是很不宽容的,老少恋师生恋同性恋等等都会遭到道德的谴责。其实何不宽容一些,只要人家两情相悦又不妨碍他人,干你何事?
- posted on 09/29/2009
Back in 1977, the director had pleaded guilty to unlawful sexual intercourse with a then 13-year-old Geimer, who said Polanski performed oral sex, intercourse and sodomy on her after giving her champagne and part of a Quaalude pill at Jack Nicholson's house while the actor was away.
Polanski has called the girl a sophisticated teen who willingly had sex with him. The court didn't see it that way.
He was sent to prison for 42 days, but the judge tried to renege on the plea bargain. On the day of his sentencing in 1978, aware the judge would sentence him to more prison time, Polanski fled to France.
- posted on 09/29/2009
13、4岁的女孩子,尤其是在好莱坞这样地方的女孩子都是人精啦,个个都是章子怡啊。 她们哪里会被强奸的。Polanski那样瘦弱如鸡一样的,说要去强暴谁谁,我看挺难的,如何他是施瓦辛格,倒更让人相信。
Polanski,悲哀。我相信这里面一定很多说不出的故事。
ZURICH – Lawyers for Roman Polanski filed a motion in court Tuesday asking that the Oscar-winning director be released from Swiss custody — the first step in his legal battle to avoid extradition to the United States for a 1977 statutory rape case.
The Swiss Federal Criminal Court announced the filing and said "the decision will be made within the next weeks."
Legal experts predicted the 76-year-old filmmaker will not be freed anytime soon from the prison in Zurich, for he is expected to stay incarcerated until the criminal court ruling and through any appeal from either side. Then, in a separate legal operation, he must contest an expected U.S. extradition request that has not yet been received by the Swiss.
The criminal court will decide on the legality of the American request for Polanski's apprehension, Swiss Justice Ministry spokesman Guido Balmer told The Associated Press. The Justice Ministry and Polanski could later seek to overturn any decision at Switzerland's highest court, the Federal Tribunal.
"We will examine the ruling and then decide what we will do," Balmer said, refusing to speculate on how long Polanski would remain in jail.
While the director's lawyers were hoping he could get out on bail or under house arrest, Dieter Jann, a former Zurich prosecutor, said Polanski had no chance of an immediate release.
"In Switzerland, no," Jann told the AP, adding that the extradition would be very hard to fight and he thought Switzerland had correctly followed procedures.
"The extradition department at the Justice Ministry had no other choice," he said. "This was in no way an exceptional case. It is normal to follow up on tips from investigators and to inform border control."
Polanski, a dual Polish and French citizen, was arrested Saturday as he arrived in Zurich to receive an award from a film festival. The United States has been seeking his extradition for having sex in 1977 with a 13-year-old girl.
The motion filed Tuesday by the director's newly hired Swiss lawyers was accompanied by proposals for bail and "guarantees," Polanski's French lawyer Herve Temime said. He would not elaborate on those, but added that house arrest at the director's Swiss chalet in Gstaad was one option.
"Our first concern, and principle concern, is that Mr. Polanski be set free" from jail while "remaining on Swiss territory," Temime told reporters at the Justice Palace in Paris. "He has a chalet in Switzerland. He would naturally accept to be placed under house arrest."
The Swiss Justice Ministry did not rule out the possibility that Polanski could be released on bail under very strict conditions that he doesn't flee Switzerland, but said house arrest had never happened before in a similar case.
"In most cases the imprisoned person has to remain in detention for the whole process," explained Peter Cosandey, another former Zurich prosecutor.
"The chances that he will be exempted from prison are rather small," he added, because Polanski wasn't a Swiss citizen or a permanent resident and had already jumped bail years ago in the United States.
Authorities in Los Angeles consider Polanski a convicted felon and fugitive, and a Swiss justice official said there has been an international arrest warrant out on him since 2005.
Polanski, who directed "Chinatown," "Rosemary's Baby" and the Oscar-winning "The Pianist," had pleaded guilty to having unlawful sexual intercourse in 1977 with the underage girl. He was sent to prison for 42 days, but the judge tried to renege on the plea bargain. On the day of his sentencing in 1978, aware the judge would sentence him to more prison time, Polanski fled to France.
Under Swiss law, the United States has 60 days to file a formal extradition request. That is first examined by the Swiss Justice Ministry, and once approved, it can be appealed at a number of courts.
Polanski's agent, Jeff Berg, appearing Tuesday on NBC's "Today" show, said he did not understand why such a long-standing case was being pursued now. The director has lived in France for decades, often stayed in Gstaad, has traveled widely and filmed his latest movie, "The Ghost," in Germany.
"His lawyers were advised that extradition was not being sought in the past. I'm not sure why this has presented itself today," Berg said.
Swiss officials say it was the first time that they had received solid enough information from the United States so they could make an arrest.
"Last week, we received precise information when and where he would arrive, enabling us to make the arrest. That was the first time," Balmer said.
The Los Angeles County district attorney's office, however, said it had multiple contacts with several countries as it tried to arrest the Academy Award-winning filmmaker, including one with Israel as recently as 2007. It said those efforts included requesting arrest warrants in England, Thailand, France and Israel since 1978.
The effort with France was futile because France does not extradite its citizens.
The French and Polish foreign ministers have pressed the Swiss to free him on bail, and contacted U.S. officials all the way up to U.S. Secretary of State Hillary Rodham Clinton to get U.S. justice officials to drop the case.
French officials in particular have been horrified by the U.S. and Swiss actions, with Culture Minister Frederic Mitterrand saying the director had been "thrown to the lions."
Yet on Tuesday, Poland's prime minister urged his Cabinet ministers to use greater restraint in defending Polanski, reminding them that it is a "case of rape and of punishment for having sex with a child."
The Swiss Justice Ministry has insisted that politics played no role in the arrest, which was prompted by a request from the U.S. Marshals Southwest Regional Fugitive Task Force, which includes the Los Angeles Police Department. The U.S. State and Justice departments had to sign off on the request before it was sent.
Polanski has asked a U.S. appeals court in California to overturn a judges' refusal to throw out his case. He claims misconduct by the now-deceased judge who had arranged a plea bargain and then reneged on it.
His victim, Samantha Geimer, who long ago identified herself, has joined in Polanski's bid for dismissal.
An HBO documentary, "Roman Polanski: Wanted and Desired," has suggested there was behind-the-scenes manipulations by a now-retired prosecutor not assigned to the case.
A native of France who was taken to Poland by his parents, Polanski escaped Krakow's Jewish ghetto as a child during World War II and lived off the charity of strangers. His mother died at the Nazis' Auschwitz death camp.
Polanski has lived for the past three decades in France, where his career has continued to flourish; he received a directing Oscar in absentia for the 2002 movie "The Pianist." He and his wife, French actress Emmanuelle Seigner, have two children.
The arrest has left Polanski's latest film — "The Ghost" — in limbo, with several months of work before the political thriller is ready for theaters.
Berg, his agent, said the director had completed much of the editing but the film still needed music scoring and sound mixing. Based on the novel by Robert Harris, "The Ghost" stars Pierce Brosnan as a fictional British leader and Ewan McGregor as the politician's ghostwriter.
___ - Re: ZT Swiss arrest Polanski on US request in sex caseposted on 09/30/2009
美国司法惨无人道,毫无人性同情,冷血。这就是13岁的“少女”。 - posted on 10/03/2009
Polanski agreed to $500,000 payment in civil suit
LOS ANGELES (AP) - Film director Roman Polanski agreed to pay his sexual assault victim $500,000 to settle a lawsuit 15 years after he fled the United States, according to court documents provided to media outlets Friday.
Polanski and the victim, Samantha Geimer, reached the deal in October 1993. The terms of the settlement were confidential, but the amount was disclosed in court documents because of a two-year struggle to get Polanski to pay.
Court records do not indicate if Polanski, now 76, ever paid. The last court filing in August 1996 shows Polanski owed Geimer $604,416.22, including interest.
Polanski's attorney, David Finkle, said he couldn't remember details of the case and declined comment.
"It's ancient," Finkle said.
A phone message left for Geimer's attorney, Lawrence Silver, wasn't immediately returned. Geimer and her family also have not returned calls this week seeking comment.
Polanski was accused of plying Geimer, then a 13-year-old girl, with champagne and part of a Quaalude pill during a modeling shoot in 1977 and raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy.
Polanski pleaded guilty to unlawful sexual intercourse and a judge sent him to prison for a 90-day psychiatric evaluation. However, he was released after 42 days by an evaluator who deemed him mentally sound and unlikely to offend again.
The judge responded by saying he was going to send Polanski back to jail for the remainder of the 90 days and that afterward he would ask Polanski to agree to a "voluntary deportation." Polanski then fled the country the night before he was scheduled to be sentenced, Feb. 1, 1978.
Polanski, who won an Academy Award for best director for "The Pianist," was arrested last weekend in Switzerland on a fugitive warrant in the case.
Geimer, who long ago identified herself, sued Polanski in December 1988 when she was 25 years old, alleging sexual assault, intentional infliction of emotional distress and seduction. She has since joined in Polanski's bid for dismissal and has forgiven him.
In a December 1995 filing, Silver said "defendant has failed to pay any part of the sum due or the interest due on the attached note." Silver added that he talked to Finkle, who agreed Polanski was in default.
Silver then sought some of Polanski's earnings by canvassing Hollywood for his wages. Among those who were contacted about Polanski were the Directors Guild of America, International Creative Management, Warner Bros. Inc. and Sony Studios.
ICM head and Polanski agent Jeff Berg declined comment.
If Polanski hasn't paid over the past 14 years, it's unclear if he would have to pay interest. The court documents state he'd owe $128.42 per day, for a total of about $650,000.
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