...a reminder that the extradition issue is not really
about the rape case or the victim, nor is your faux
outrage. (The latter is just a Standard American
Holier-Than-Thou Revenge Fantasy.) It's about
legal misconduct, as *admitted* by one of the
prosecutors and by the judge in the case.

Yes, she said no. Yes, she was also far less than a
"child," having been a willing participant in such
sex parties for some time. Yes, Polanski was wrong.
But yes, a plea bargain -- part of the legal system --
was arranged and agreed upon by defense and
prosecution and then the judge went back on it.
As I highlight below, he has *admitted* that this
constitutes "substantial misconduct" on his part.

Polanski should be -- and reportedly is -- ashamed
of his actions 30 years ago. Who should be *more*
ashamed in my opinion are the media who raped
this girl far more severely and far more often and
for far more years than Polanski did, and continue
to do so. And who should be even more ashamed
than that are those who sit on their holier-than-
thou hobbyhorses and indulge in moralistic revenge
fantasies for something that didn't happen to them.
If there is a legitimate category labeled "Scum Of
The Earth," they're it in my opinion.
Former Prosecutor: I Lied In Polanski Documentary
<http://www.huffingtonpost.com/2009/09/30/pivotal-player-in-polansk_n_30\
5772.html>

Read more at:
http://www.huffingtonpost.com/2009/09/30/pivotal-player-in-polansk_n_305\
772.html
<http://www.huffingtonpost.com/2009/09/30/pivotal-player-in-polansk_n_30\
5772.html>
LOS ANGELES — A former prosecutor said Wednesday he lied when he
told a documentary film crew that he advised a judge handling Roman
Polanski's sex case that he should send the director to prison.
The statement later became part of the basis for a move by Polanski's
attorneys to dismiss the case against the fugitive director who was
arrested in Switzerland on Saturday.

"They interviewed me in the Malibu courthouse when I was still a DA, and
I embellished a story," David F. Wells said in an interview with The
Associated Press about his statements to the makers of "Roman Polanski:
Wanted and Desired."

"I'm a guy who cuts to the chase – I lied. It embarrasses the hell
of me." he said.

Wells, 71, did not handle Polanski's case but was assigned to the
courtroom where it was heard and had frequent interactions with the
judge.

Wells said he was sorry about making the comments for the documentary.

"I cost the DA's office a lot of money and aggravation over this," said
Wells, who retired as a prosecutor more than two years ago.

Polanski was accused of plying a 13-year-old girl with champagne and
part of a Quaalude 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.
Story continues below
The director pleaded guilty to the lesser charge of unlawful sexual
intercourse; in exchange, the remaining charges were dropped, and the
judge agreed to send Polanski to prison for a 90-day psychiatric
evaluation. But Polanski was released after 42 days and fled the country
on the eve of his Feb. 1, 1978, sentencing after the judge reportedly
told lawyers he planned to add more prison time.

Polanski's attorneys later argued in a motion to dismiss the case that
the communications between the judge and Wells were clear misconduct and
violated Polanski's constitutional rights.

That motion was dismissed because Polanski was a fugitive at the time,
though the judge acknowledged "substantial misconduct" in the original
case. The matter is now in the hands of an appeals court.

One of Polanski's attorneys, Chad Hummel, declined to comment on Wells'
comments. District Attorney's spokeswoman Sandi Gibbons said the office
also had no comment.

Marina Zenovich, who directed the film, did not return a phone message
seeking comment.

Wells said he overstated his actions to the filmmakers because he was
told the documentary would air in France, not the United States. The
documentary aired on HBO.

In the documentary, Wells is depicted as conferring with the
now-deceased trial judge Laurence J. Rittenband about Polanski's case.
Wells says in the film the judge took his advice in deciding to renege
on a plea bargain and give Polanski additional prison time.

"I made that up to make the stuff look better," Wells said. His
admission was first reported in a story by former O.J. Simpson
prosecutor Marcia Clark on the Web site The Daily Beast.

Polanski's victim, Samantha Geimer, who long ago identified herself, has
joined in Polanski's bid for dismissal. She testified at the time that
Polanski forced himself on her – which he acknowledged in his guilty
plea – but has said she forgives him and wants the ordeal to be
over.

Wells said he would testify in court that he lied and has offered to
give a sworn declaration to prosecutors about his actions, in case they
need it. No one from the district attorney's office has contacted him
since he made the offer several months ago, he said.

Wells said he showed Rittenband a copy of a newspaper that pictured
Polanski with girls at an Oktoberfest event. Wells said he never talked
about potential sentences and the judge would have seen the paper
anyway.

Wells said he still believes Polanski should receive a much stiffer
sentence.


Read more at:
http://www.huffingtonpost.com/2009/09/30/pivotal-player-in-polansk_n_305\
772.html
<http://www.huffingtonpost.com/2009/09/30/pivotal-player-in-polansk_n_30\
5772.html>



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