Polanski's lawyers are seeking a hearing to decide whether
misconduct and a "false" extradition request sent by the U.S.
Justice Department to the Polish government on Oct. 28 requires the
case to be dismissed, the Los Angeles Times reported.
Polanski was charged in 1977 with raping a 13-year-old girl in
Hollywood after plying her with champagne and drugs. He later
pleaded guilty to having unlawful sex with a minor.
But the director fled the United States to his native France before
sentencing, fearing the judge would impose more prison time than the
42 days he had spent behind bars for a psychiatric evaluation.
Citing court papers filed in Los Angeles County Superior Court on
Monday, the Times said Polanski's attorneys were arguing that
prosecutors and judges carried out "serious misconduct" in seeking
Polanski's return to the United States.
Polanski's lawyers have fought for years to have the case thrown out
on the grounds that Polanski was a victim of judicial and
prosecutorial misconduct, issues the courts have ruled they cannot
address unless he returns to California.
The 81-year-old directed such film classics as "Chinatown" and
"Rosemary's Baby". In 2003, he won an Oscar for best director for
the acclaimed Holocaust film "The Pianist."
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The latest motion covers among other things an October arrest
attempt in Warsaw. Polish prosecutors interviewed Polanski in
connection with a U.S. arrest warrant then let him go saying there
were no grounds to hold him.
Monday's motion says prosecutors, in omitting time Polanski served
in prison in an extradition request, were trying to meet the
criteria of a U.S.-Poland treaty, the Times reported.
Representatives for Polanski in Los Angeles and in France did not
immediately respond to requests for comment, nor did the Los Angeles
County District Attorney's Office.
(Reporting by Eric M. Johnson in Seattle; Editing by Janet Lawrence)
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