UPDATE : Swiss court keeps Polanski in jail, rejects bail - Big Big Forums

Jolie Rouge · 10-20-2009, 05:20 PM

Wish I could have added this to the existing thread : Swiss arrest Polanski on US request in sex case

Swiss court keeps Polanski in jail, rejects bail
Bradley S. Klapper, Associated Press Writer
2 hrs 18 mins ago

GENEVA – Roman Polanski's three decades as a fugitive are coming back to haunt him.

Noting his previous escape from U.S. authorities, Switzerland's top criminal court on Tuesday rejected Polanski's appeal to be released from prison because of the "high" risk that the 76-year-old director would try to flee again.

Polanski's offers of bail, house arrest and electronic monitoring failed to sway the tribunal. Even a Swiss chalet in the luxury resort of Gstaad was brushed aside as insufficient collateral to guard against Polanski fleeing the country, as the United States seeks to have him extradited for having sex with a 13-year-old girl in 1977.

"The appellant has already once in 1978 eluded American criminal proceedings by traveling to Europe," the Federal Criminal Court said in its 17-page verdict, adding that Polanski's transfer to the U.S. could also cause family trauma and cost investors millions of dollars in losses.

"As a result, the motivation to flee is high," it said.

Tuesday's ruling was another setback to the Oscar-winning director's battle to avoid facing authorities in Los Angeles, where he pleaded guilty to unlawful sexual intercourse with the girl. He was arrested on an international warrant by the Swiss on Sept. 26 as he arrived in Zurich to receive a lifetime achievement award from a film festival, and has been battling extradition ever since.

Beyond Polanski's legal troubles, the decision could have damaging consequences for his latest film, "The Ghost," a political thriller that has several months of work left before it is ready for theaters.

Polanski and his family will go bankrupt if he has to remain in prison, his lawyers told the court. They said continued incarceration would prevent him from finishing the film starring Pierce Brosnan as a fictional British leader and Ewan McGregor as the politician's ghostwriter.

Investors stand to lose $40 million if Polanski isn't freed, they said.

"It's probable that Mr. Polanski will appeal," Polanski's lawyer Herve Temime told reporters in Paris. "I repeat that Mr. Polanski has firmly and strongly stated that he will remain in Switzerland during the entire extradition procedure, regardless of its outcome."

Still, the tribunal in the southern Swiss city of Bellinzona left open several possibilities for Polanski to challenge its verdict in what is expected to be a lengthy legal battle over his extradition.

Polanski has 10 days to appeal the decision on his release to Switzerland's supreme court. He also can continue attempts to persuade the Swiss Justice Ministry to release him. More court proceedings are expected after Washington files its formal extradition request, which it has until Nov. 25 to submit.

Legal experts said no path offered Polanski much hope for a speedy release from jail.

"If someone has already fled once, it makes sense to suspect he might flee again," said Dieter Jann, a former Zurich prosecutor.

Polanski directed such film classics as "Rosemary's Baby" and "Chinatown" and won a 2002 directing Oscar in absentia for "The Pianist."

He was accused of plying the underage girl with champagne and a Quaalude sedative 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 the lesser charge of unlawful sexual intercourse. In exchange, the judge agreed to drop the remaining charges and sentence 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 afterward he would ask Polanski, a dual French-Polish citizen, to agree to a "voluntary deportation." Polanski then fled the country on Feb. 1, 1978, the day he was scheduled to be sentenced to the additional time.

Since then, Polanski has lived in France, which does not extradite its own citizens.

In its verdict, the Swiss court said Polanski offered to surrender his travel documents, wear an electronic monitoring device and submit himself to daily police checks. Those measures were seen as insufficient to prevent his flight because he could always obtain a new passport or even travel to his French home without papers.

The Swiss court also was concerned that Polanski could avoid the extradition process if he fled Switzerland by helicopter or private airplane.

Lawyers for Polanski offered up the director's Gstaad chalet as collateral, saying it represented more than half of his personal wealth and that it would definitely guarantee his remaining in the country because he has two children he must support through school.

The court, however, sided with Swiss authorities who said even the large bail offer provided insufficient security against flight, and should be made in cash.

The Swiss Justice Ministry said it would examine any new request Polanski submits and evaluate whether it represents a "concrete, realizable" offer as the court ruling suggests. But, spokesman Folco Galli reiterated that detention is only lifted in exceptional cases.

"The point of imprisonment is to ensure that Switzerland can fulfill its treaty obligations on extradition," Galli told The Associated Press. "He can always ask again to be released. But detention is the rule."

It is not clear how much time in jail Polanski faces now, either in Switzerland or in the United States. With appeals, the extradition process in Switzerland could take months. In the United States, Polanski fled before sentencing was complete and is expected to face additional penalties for jumping bail.

http://news.yahoo.com/s/ap/20091020/...rland_polanski

Jolie Rouge · 10-21-2009, 12:38 AM

Swiss tipped US to Polanski trip
Thomas Watkins And Bradley S. Klapper, Associated Press Writer
2 hrs 27 mins ago

LOS ANGELES – Swiss authorities set in motion the arrest of fugitive director Roman Polanski in his decades-old child sex case as he traveled to the country last month, documents obtained by The Associated Press show.

A series of e-mails obtained under a public records request show the Swiss Federal Office of Justice sent an urgent fax to the U.S. Office of International Affairs on Sept. 22 stating Polanski was expected in Zurich. The director was to be feted at a film festival, and Swiss officials wanted to know if the U.S. would be submitting a request for the arrest of Polanski, who was the subject of an international law enforcement "Red Notice."

It took little sleuthing to figure out Polanski would be in Zurich — the film festival had a Web site promoting its upcoming tribute to the "Rosemary's Baby" and "Chinatown" director. The new details again raise the question of why Switzerland decided to go after Polanski now, even though the 76-year-old director was a frequent visitor to that nation, where he owns an Alpine chalet.

After receiving the tip, federal officials alerted the Los Angeles district attorney's office, which immediately began drafting an arrest warrant. E-mails show U.S. authorities learned on Sept. 23 that Polanski was in Austria but officials doubted they could assemble an arrest warrant before Polanski had moved on to Switzerland.

Polanski was arrested Sept. 26 as he arrived in Zurich to receive a lifetime achievement award. He has been battling extradition ever since and on Tuesday suffered a serious setback when Switzerland's top criminal court rejected his appeal to be released from prison, citing the "high" risk that the director would try to flee again.

A Sept. 25 e-mail from the Office of International Affairs to the district attorney's office shows U.S. authorities seemed confident Polanski would not be released.

"Generally, Switzerland does not release fugitives sought for extradition," the e-mail states. "The default in Switzerland is that a fugitive will be detained until s/he is either extradited or determined by the Swiss Federal Supreme Court to be non-extraditable."

Laura Sweeney, a spokeswoman with the Dept. of Justice, said she could not comment on any of the events leading up to Switzerland's fax to the U.S.

"We don't comment on matters of extradition unless and until an individual is on U.S. soil," Sweeney said.

District attorney's spokeswoman Sandi Gibbons said it was not unusual for her office to receive information on fugitives' whereabouts, but she declined to comment further.

Polanski's offers of bail, house arrest and electronic monitoring failed to sway the tribunal. Even his chalet in the luxury resort of Gstaad was brushed aside as insufficient collateral to guard against Polanski fleeing the country.

"The appellant has already once in 1978 eluded American criminal proceedings by traveling to Europe," the Federal Criminal Court said in its 17-page verdict, adding that Polanski's transfer to the U.S. could also cause family trauma and cost investors millions of dollars in losses.

Polanski was accused of plying 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.

He pleaded guilty to the lesser charge of unlawful sexual intercourse and fled amid a legal dispute over his sentence.

Polanski has 10 days to appeal the decision on his release to Switzerland's supreme court. He also can continue attempts to persuade the Swiss Justice Ministry to release him. More court proceedings are expected after Washington files its formal extradition request, which it has until Nov. 25 to submit.

Legal experts said no path offered Polanski much hope for a speedy release from jail.

"If someone has already fled once, it makes sense to suspect he might flee again," said Dieter Jann, a former Zurich prosecutor.

It is not clear how much time in jail Polanski faces now, either in Switzerland or in the United States. With appeals, the extradition process in Switzerland could take months. In the United States, Polanski fled before sentencing was complete and is expected to face additional penalties for jumping bail.

http://news.yahoo.com/s/ap/20091021/...roman_polanski

Jolie Rouge · 10-21-2009, 04:07 PM

Polanski lawyers clash over his surrendering to US
51 mins ago

GENEVA – Lawyers for Roman Polanski clashed Wednesday over his legal strategy, with one saying the director won't surrender to U.S. authorities after 31 years on the run and another suggesting that Polanski was ready to consider the move.

Attorney Herve Temime said there has been "no change in strategy," telling the AP that Polanski will "continue to fight extradition" to the United States for having sex in 1977 with a 13-year-old girl.

Earlier Wednesday, fellow Polanski attorney Georges Kiejman told Europe 1 radio that Polanski could voluntarily return to face justice in Los Angeles.

Polanski has been pressing for his release since being arrested last month in Zurich. He suffered a major setback Tuesday when a Swiss criminal court rejected his offer of bail, saying his flight risk was too high.

Swiss officials tipped off the U.S. and set in motion the arrest of Polanski last month, according to documents obtained by the AP. On Wednesday, a top Swiss official defended the move.

Justice Ministry spokesman Folco Galli said the e-mails — obtained in Los Angeles by the AP under a U.S. public records request — showed that Swiss officials followed proper police procedure when a wanted individual is expected in Switzerland.

"An arrest is a big operation," Galli told the AP. "If we know a wanted individual is coming, we always ask if the arrest warrant is valid."

According to the e-mails, the Swiss ministry sent an urgent fax to the U.S. Office of International Affairs on Sept. 22 stating Polanski was traveling to Zurich. The director was to be feted at a film festival, and Swiss officials wanted to know if the U.S. would be submitting a request for his arrest as he was the subject of an international law enforcement "Red Notice."

"The Americans immediately confirmed that was the case," Galli said.

As a result, Switzerland was required by treaty to apprehend Polanski, he said.

Galli also addressed the nagging question of why authorities decided to go after Polanski now, even though the 76-year-old filmmaker has been a frequent visitor to Switzerland, where he owns an Alpine chalet. Unlike his previous visits, Polanski's appearance at this time was widely advertised, with the Zurich Film Festival promoting its upcoming tribute to the director of "Rosemary's Baby," "Chinatown" and "The Pianist" on its Web site.

Several Swiss politicians and commentators have argued that Switzerland may have cooperated too energetically, and that recent U.S.-Swiss troubles over wealthy American tax cheats and Swiss banks may have provided motivation for the arrest.

But Swiss authorities have adamantly rejected that suggestion.

"We have 20,000 warrant requests each year," Galli said, adding that this was the first time officials had precise details on the director's arrival and an official American request to arrest him.

After receiving the tip, U.S. federal officials alerted the Los Angeles district attorney's office, which immediately began drafting an arrest warrant. E-mails show U.S. authorities learned on Sept. 23 that Polanski was in Austria but officials doubted they could assemble an arrest warrant before Polanski had moved on to Switzerland.

Polanski was arrested three days later as he arrived in Zurich to receive a lifetime achievement award. He has been battling extradition ever since.

Polanski's offers of bail, house arrest and electronic monitoring failed to sway the Swiss tribunal. Even his chalet in the luxury resort of Gstaad was brushed aside as insufficient collateral to guard against Polanski fleeing the country, as the court noted that "the appellant has already once in 1978 eluded American criminal proceedings by traveling to Europe."

Kiejman, one of Polanski's French lawyers said Wednesday his client might just decide to give up fighting extradition.

"If the proceedings drag on, it's not completely impossible that Roman Polanski might decide to go explain himself in the United States, where there are arguments in his favor," Kiejman told Europe 1 radio.

A Sept. 25 e-mail from the Office of International Affairs to the Los Angeles district attorney's office shows U.S. authorities seemed confident that Polanski would not be released.

"Generally, Switzerland does not release fugitives sought for extradition," the e-mail states. "The default in Switzerland is that a fugitive will be detained until s/he is either extradited or determined by the Swiss Federal Supreme Court to be non-extraditable."

Laura Sweeney, a spokeswoman with the U.S. Department of Justice, said she could not comment on any of the events leading up to Switzerland's fax to the United States.

U.S. district attorney spokeswoman Sandi Gibbons said it was not unusual for her office to receive information on fugitives' whereabouts, but she declined to comment further.

Temime also refused to discuss what Swiss initiation of the arrest might mean for his client's attempts to be released.

But Peter Cosandey, a former Zurich prosecutor, said the revelation doesn't aid Polanski's case.

"This is normal procedure," Cosandey told the AP. "This also happened to me as prosecutor. The guy is traveling somewhere. You're asked, 'Are you looking for him. Do you still want to arrest him?'"

Dieter Jann, another ex-district attorney, agreed.

"This changes absolutely nothing," he said. "It's absolutely normal for countries to exchange tips on wanted people and to invite each other to take action. If it wasn't Polanski, everyone would think this is right."

Polanski was accused of plying 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.

He pleaded guilty to the lesser charge of unlawful sexual intercourse and fled amid a legal dispute over the length of his sentence.

Polanski has until Oct. 29 to appeal the decision on his release. He also can continue attempts to persuade the Swiss Justice Ministry to release him. More court proceedings are expected after Washington files its formal extradition request, which it has until Nov. 25 to submit.

Legal experts said no path offered Polanski much hope for a speedy release from jail.

It is not clear how much time in jail Polanski faces now, either in Switzerland or in the United States. With appeals, the extradition process in Switzerland could take months. In the United States, Polanski fled before sentencing was complete and is expected to face additional penalties for jumping bail.

http://news.yahoo.com/s/ap/20091021/...rland_polanski

Jolie Rouge · 10-30-2009, 05:43 PM

Swiss reject new higher bail offer from Polanski
Oct. 30, 2009, 11:30 AM EST

GENEVA (AP) -- Swiss authorities rejected a new higher offer of bail from imprisoned director Roman Polanski, saying Friday they still think the risk is too high that he would flee the country.

Justice Ministry spokesman Folco Galli said the offer was not made in cash and failed to address concerns that the 76-year-old filmmaker would flee Switzerland as he awaits a decision on whether he will be extradited to the United States for having sex in 1977 with a 13-year-old girl.

"We still consider the flight risk as high," Galli told The Associated Press.

Polanski has been in Swiss custody since his arrest Sept. 26 as he arrived in Zurich to receive a lifetime award from a film festival. He is fighting extradition to Los Angeles, where he is wanted for fleeing sentencing 31 years ago, but has suffered a string of legal setbacks in Switzerland so far.

Polanski filed his latest request on Monday, Galli said. The director now has 10 days to appeal the decision to the Swiss Criminal Court, which has already once ordered Polanski kept in jail despite an offer of his Gstaad apartment as collateral, and house arrest and electronic monitoring as conditions of his freedom.

Search: Roman Polanski
View results for: Polanski legal saga New film: 'The Ghost' Polanski's health A lawyer for Polanski said the filmmaker would take the new bail request to the courts. "This is absolutely what we want," said Herve Temime.

Legal experts say Polanski has little chance of being released from prison regardless of the bail he posts because of his long history as a fugitive.

The director of such film classics as "Rosemary's Baby" and "Chinatown" was accused of raping the 13-year-old girl after plying her with champagne and a Quaalude pill during a modeling shoot in 1977. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy.

Polanski pleaded guilty to the lesser charge of unlawful sexual intercourse. In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation. Polanski was released after 42 days by an evaluator but the judge said he was going to send him back to serve out the 90 days. Polanski then fled the country on Feb. 1, 1978, the day he was to be sentenced.

Polanski claims the judge and prosecutors acted improperly, and his lawyers in California are urging a state court to quickly hear his appeal. In court filings this month, the lawyers there said key witnesses in the case are now elderly and have yet to testify under oath.

The United States formally asked Switzerland last week for Polanski to be handed over but Galli said the Swiss need "weeks" to make an extradition decision.

The process could stretch out for months if Polanski appeals extradition to the Swiss Criminal Court and, if needed, the Supreme Court.

Polanski's imprisonment in Switzerland continues to divide the country, with authorities defending the action as legally necessary but some politicians and artists questioning the government's motive.

In Lausanne, the Swiss national film archive said it was organizing a "Roman Polanski evening" next week that includes a free viewing of his 1961 short film "The Fat and the Lean," alongside Charlie Chaplin's "A King in New York."

Lionel Baier, an organizer of the event, said the Nov. 4 screening was not an act of solidarity with Polanski or a plea for his case. The aim is to highlight Polanski's importance as a filmmaker, he told The AP.

The archive is largely funded through taxpayer money.

http://entertainment.msn.com/news/ar...ntchk=1&vv=650