A judge in Los Angeles on Thursday (7 May 2009) dismissed Roman Polanski’s bid to dismiss a sex bought against him 32 years ago because the fugitive director failed to appear in court personally to press his request.

In a brief hearing with no lawyers present, Superior Court Judge Peter Espinoza said he was finalizing an earlier decision for the record. So as to give Mr. Polanski time to return to the United States from France, he had earlier placed the order on hold.

Chad Hummel, Mr Polanski’s lawyer, notified the judge earlier this week that his client would not appear because he believed his presence was irrelevant to the dismissal motion.

The judge took the bench temporarily and said that since “Mr. Polanski doesn’t intend to submit himself to the jurisdiction of the court,” his motion for dismissal would be denied.

Hummel maintains that the issue of whether Polanski’s rights were violated in his 1977 case can be resolved in his absence. He has said he will request a review by an appeals court.

Mr. Polanski, now age 75, pleaded guilty in 1977 to unlawful sexual intercourse with a 13-year-old girl and then fled to France. He recently sought a dismissal on the grounds of misconduct by the now-deceased judge who had reneged on a previously arranged a plea bargain. Mr. Polanski risks arrest on a fugitive warrant if he returns to Los Angeles.

Talking on the behaviour of the now deceased judge, Mr Hummel said “The misconduct is plainly evident from the existing record,” . He also noted that Judge Espinoza’s refusal to dismiss the case is contrary to the wishes of the victim, Samantha Geimer, who joined in Mr. Polanski’s bid for dismissal. She has said she wants the case to be ended.

Judge Espinoza relied on the doctrine of fugitive disentitlement, which states that fugitives are not entitled to the processes of the court so long as they remain at large. He also cited the more than 30-years delay since Polanski fled.

Hummel contended the doctrine shouldn’t be used “to cover up misconduct and violate constitutional rights.”

Photo: Professor Mortis

Roman Polanski lives in France, where his film career has continued to prosper. He received an Oscar in his absence for the Director of the 2002 movie “The Pianist.” He directed such classic films as “Chinatown” and “Rosemary’s Baby” whilst living in the United States.

A recent HBO documentary about Mr. Polanski’s life uncovered new information about the judge’s actions in the 1977 case, which led him to seek dismissal.