RE: Polanski Arrested. (Full Version)

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Level -> RE: Polanski Arrested. (9/27/2009 10:48:49 AM)


quote:

ORIGINAL: tazzygirl

http://www.vachss.com/mission/roman_polanski.html

Ok, help me figure this out. Is this site accurate? He plead guilty as it says, but was never sentenced, yes? It also doesnt say that there was a plea deal as far as time. It states the time spent in the evaluation was for sentencing purposes. Im asking because, depending on the answers... things could go one of two ways.


That's Andrew Vachss site, he has spent his life working to help children, in numerous ways. I would tend to think that whatever he has posted, will be accurate.




tazzygirl -> RE: Polanski Arrested. (9/27/2009 10:53:54 AM)

Sort of what i was thinking, Level. He made a clear, concise layout of the events. I see where Polanksi plead guilty to a lesser charge to get rid of five of the others. I also see where the Judge sent him for an evaluation. I dont see where he was actually sentenced, or that the evaluation was the sentence as so many seem to think.




slutslave4u -> RE: Polanski Arrested. (9/27/2009 10:56:50 AM)


quote:

ORIGINAL: tazzygirl

quote:

Following his indictment on various sex charges, Polanski agreed to a plea deal that spared him prison time (he had spent about 45 days in jail during a court-ordered psychiatric evaluation). But when it seemed that a Superior Court judge might not honor the deal--and sentence Polanski to prison--the director fled the country.


http://www.thesmokinggun.com/archive/polanskicover1.html

Does a Judge have to accept a plea deal?


No a judge does not have to accept any plea deal, they can add to it or change it if they see fit to do so or throw it out altogether. Much of the time they do accept what the prosecutors work out however, but they do not have to accept it.




SpinnerofTales -> RE: Polanski Arrested. (9/27/2009 10:57:54 AM)

quote:

That's Andrew Vachss site, he has spent his life working to help children, in numerous ways. I would tend to think that whatever he has posted, will be accurate.
ORIGINAL: Level





I have been a long time supporter of Andrew Vachss..not only his work as a child protection advocate but for his excellent series of novels (sadly, according to him, concluded this year). He is a man who makes sense and understands just what this situation is and what it calls for. I would urge everyone to take a look through his site.




Level -> RE: Polanski Arrested. (9/27/2009 10:58:34 AM)

Pled guilty, convicted, but not sentenced, yes.

One thing that caught my eye, he was supposed to be evaluated for 90 days, but only was there for 42; I'd be curious as to why that was.




slutslave4u -> RE: Polanski Arrested. (9/27/2009 11:02:34 AM)


quote:

ORIGINAL: tazzygirl

Sort of what i was thinking, Level. He made a clear, concise layout of the events. I see where Polanksi plead guilty to a lesser charge to get rid of five of the others. I also see where the Judge sent him for an evaluation. I dont see where he was actually sentenced, or that the evaluation was the sentence as so many seem to think.


My understanding is he never was sentenced, running instead fearing a much more sentencing by the judge instead of the plea agreement made before the judge threw that out.




tazzygirl -> RE: Polanski Arrested. (9/27/2009 11:02:36 AM)

Seems lots of interesting questions remain to be answered. Could be why Polanski avoided US jurisdiction and extradiction for so long. It will be interesting to see what the US brings before the Swiss courts and how its handled by the Swiss and the US.

Another question.

Does any of this fall beneath a statute of limitations?




sirsholly -> RE: Polanski Arrested. (9/27/2009 11:04:03 AM)

quote:

ORIGINAL: LinnaeaBorealis

quote:

ORIGINAL: Lostkitten3

Personally I am much stronger now and would love to face my accuser, but I did a LOT of work on getting to her, stopping being a victim in life, making better decisions for myself, and finding my "no." If it doesn't work for your daughter, that is cool, but I have to reccomend a book, called The Courage To Heal, when she is ready to deal with it. Some adults never do.


Hmmmm...where did I say that my daughter is not healed?  She is completely healed, as far as she knows.  What I did say was that she faced her accuser, did what she had to do to stop him from harming others & moved on.  I also said that there would be no good served to make her face him once again now as a middle-aged woman.
she said she wanted the charges dropped as she has moved on with her life.

If charges against him go forward, will she be forced to testify? If she is, it would seem to me this will be the second time she is violated.




shannie -> RE: Polanski Arrested. (9/27/2009 11:05:30 AM)

quote:

ORIGINAL: tazzygirl

Sort of what i was thinking, Level. He made a clear, concise layout of the events. I see where Polanksi plead guilty to a lesser charge to get rid of five of the others. I also see where the Judge sent him for an evaluation. I dont see where he was actually sentenced, or that the evaluation was the sentence as so many seem to think.


He wasn't sentenced.  He fled after pleading guilty to the lesser charge, and before he was sentenced. There was an agreement between the defense attorney and the prosecutor as to a sentencing recommendation, but the judge indicated he would probably impose a more severe sentence than what they had agreed upon.

So, if he's brought back, he will be sentenced on the misdemeanor charge to which he pleaded guilty (not rape, but sex with a minor) -- or he will get the guilty plea withdrawn and the charge dismissed (which his lawyers tried to do last year).





tazzygirl -> RE: Polanski Arrested. (9/27/2009 11:06:42 AM)

Doesnt flight from jurisdiction carry its own charge?




LinnaeaBorealis -> RE: Polanski Arrested. (9/27/2009 11:09:07 AM)

quote:

ORIGINAL: sirsholly

quote:

ORIGINAL: LinnaeaBorealis

quote:

ORIGINAL: Lostkitten3

Personally I am much stronger now and would love to face my accuser, but I did a LOT of work on getting to her, stopping being a victim in life, making better decisions for myself, and finding my "no." If it doesn't work for your daughter, that is cool, but I have to reccomend a book, called The Courage To Heal, when she is ready to deal with it. Some adults never do.


Hmmmm...where did I say that my daughter is not healed?  She is completely healed, as far as she knows.  What I did say was that she faced her accuser, did what she had to do to stop him from harming others & moved on.  I also said that there would be no good served to make her face him once again now as a middle-aged woman.
she said she wanted the charges dropped as she has moved on with her life.

If charges against him go forward, will she be forced to testify? If she is, it would seem to me this will be the second time she is violated.



I don't think that she would be needed for testimony as this will be for the flight charges.  He pled guilty to the other charge, just didn't wait around for sentencing.  My point was that this is possibly reopening old wounds for her, taking her back to something she's moved on from.  Which to me is another violation, yes.




tazzygirl -> RE: Polanski Arrested. (9/27/2009 11:09:52 AM)


quote:

ORIGINAL: sirsholly

quote:

ORIGINAL: LinnaeaBorealis

quote:

ORIGINAL: Lostkitten3

Personally I am much stronger now and would love to face my accuser, but I did a LOT of work on getting to her, stopping being a victim in life, making better decisions for myself, and finding my "no." If it doesn't work for your daughter, that is cool, but I have to reccomend a book, called The Courage To Heal, when she is ready to deal with it. Some adults never do.


Hmmmm...where did I say that my daughter is not healed?  She is completely healed, as far as she knows.  What I did say was that she faced her accuser, did what she had to do to stop him from harming others & moved on.  I also said that there would be no good served to make her face him once again now as a middle-aged woman.
she said she wanted the charges dropped as she has moved on with her life.

If charges against him go forward, will she be forced to testify? If she is, it would seem to me this will be the second time she is violated.



Im wondering how he can change his guilty plea now. He pleaded guilty, im assuming he could change his mind. Then wouldnt he have to face all six charges from the original indictment?




SpinnerofTales -> RE: Polanski Arrested. (9/27/2009 11:17:39 AM)

quote:

Im wondering how he can change his guilty plea now. He pleaded guilty, im assuming he could change his mind. Then wouldnt he have to face all six charges from the original indictment?
ORIGINAL: tazzygirl


From what I understand, Tazzy, the guilty plea was accepted. The sentence was not set. Once the plea was accepted, he was by all legal definitions, guilty of the offense. This means he cannot withdraw his guilty plea after that point. So, no matter how much time has passed, he is a convicted child molester who fled the country to avoid the punishment for that crime.





TheHeretic -> RE: Polanski Arrested. (9/27/2009 11:18:50 AM)

quote:

ORIGINAL: SpinnerofTales


I have nothing against giving an accused molester a fair trial and giving him every chance to prove his innocence. If he is innocent, he is released without further incident. If they're not, they either taken out back and shot or given a life sentence without the possibility of parole (depending on your take on the death penalty).

I think that is very reasonable considering the crime.





I think that is very reasonable as well, Spinner.  It was precisely the sort of reasonable approach that made me go you for my example of the sort of justice Polanski didn't want to face.  I meant the reference to be complimentary.  [:D]




shannie -> RE: Polanski Arrested. (9/27/2009 11:21:22 AM)

quote:

ORIGINAL: SpinnerofTales
From what I understand, Tazzy, the guilty plea was accepted. The sentence was not set. Once the plea was accepted, he was by all legal definitions, guilty of the offense. This means he cannot withdraw his guilty plea after that point. So, no matter how much time has passed, he is a convicted child molester who fled the country to avoid the punishment for that crime.


There is a means of withdrawing a guilty plea. Although it's typically difficult to do, I'm sure the prosecutors in this case wouldn't oppose (since the original charges would be reinstated).  I don't think his lawyers would try to do that without a ruling on their motion to dismiss the charges altogether (which they were pressing last year, based on prosecutorial/judicial misconduct).




Kirata -> RE: Polanski Arrested. (9/27/2009 11:24:14 AM)

~ FR ~

A few interesting sentences (without further comment) from the information at Andrew Vachss site

A spokesman for the district attorney's office told reporters that Polanski recently met the girl's mother and arranged for the girl to pose for some photographs for the French edition of Vogue magazine.

He said Polanski took some pictures at a first photographic session two weeks ago, and among these pictures was one of the girl nude from the waist up.

He said the mother became angry when she saw the picture and questioned her daughter when she returned home from the second photographic session Thursday night. Officers said the girl told her mother that Polanski had given her a tablet of the powerful tranquilizing drug Quaalude.

The movie director was allowed to plead guilty to a lesser charge of engaging in unlawful sexual intercourse with a minor at the request of the girl's mother, who wanted to protect her daughter from the publicity expected to accompany such a trial.

The probation report indicated that she consented.


K.








tazzygirl -> RE: Polanski Arrested. (9/27/2009 11:32:14 AM)

These reports also indicate Polanski was given many chances to come back and have all this cleared up.

"Twenty years after he fled to Europe to escape punishment for raping a 13-year-old girl, fugitive director Roman Polanski will surrender in Los Angeles, sources confirmed yesterday.

Under a deal worked out in two secret meetings between the judge and Polanski's lawyer, the 63-year-old director won't serve any time in jail, sources said."


"Espinoza said in February that there was "substantial misconduct" in the original case against Polanski and gave him until May 7 to turn up in his court to pursue the matter. Polanski did not appear."

Seems to me he was given many many chances to fix all this. And still he thumbs his nose at the US courts for a crime he agreed he committed. I say...

let him hang

edited to add before the citation Nazi comes down...

The quotes are all from the following web site

http://www.vachss.com/mission/roman_polanski.html

in case it wasnt clear as to what site i was referring too




MarsBonfire -> RE: Polanski Arrested. (9/27/2009 11:40:01 AM)

Just as an aside: The statement that "Hollywood loves Polanski" is a bit off the mark. In Hollywood, you are only as good as your last picture. Considering Polanski's been out of the country, he really hasn't created a hit film in almost 30 years. If it weren't for the ancient history of his record and an "activist GOP judge"... he most likely would have faded into the dim memory of IMDB long ago... I mean, The last thing he did was a bit part in Rush Hour 3...

Oh, and I'm waiting for Sanity to pull out his "Glenn Beck Conspiracy Blackboard" and start linking President Obama to Polanski, who in turn directed "The Fearless Vampire Killers" which meant he had contact with Sharon Tate, thus meaning he has a connection with the Manson family... back when he was a kid of 13 living in Illinois... OMG!!! President Obama was behind the Manson murders and is probably a vampire!!!




SpinnerofTales -> RE: Polanski Arrested. (9/27/2009 11:44:00 AM)

quote:

The probation report indicated that she consented.
ORIGINAL: Kirata




Not only as a matter only of law but of right, a 13 year old cannot "consent" to what was done to her.




tazzygirl -> RE: Polanski Arrested. (9/27/2009 11:46:10 AM)

I cannot be certain, but, i think the "she" may have been the mother.




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