US judge refuses to drop Polanski rape charges

A US judge has turned down Roman Polanski's request that the rape case brought against him over 30 years ago be dismissed, leaving the fugitive director facing arrest if he was ever to return to America.

Superior Court Judge Peter Espinoza said that while he agreed that there was misconduct in the earlier case against the Oscar-winning director, he would have to return to the US in order to apply for dismissal in person.

The Polish-born director, whose films include Rosemary's Baby and The Pianist has been living in France since 1977, after fleeing the US on the eve of his sentencing for the statutory rape of then 13-year-old Samantha Geimer.

As reported here earlier this year, Polanski had tried to get the case dropped without attending court after a documentary revealed that a prosecutor in the trial had attempted to influence the judge on the case.

In a curt statement to the court, Espinoza said that because: "Mr. Polanski doesn't intend to submit himself to the jurisdiction of the court," he would not be able to grant his request for dismissal as he is technically a fugitive. Polanski cannot be extradited from France, but would face certain arrest if he opted to return to the US.

Chad Hummel, a lawyer for the director called the ruling a "violation of human rights". Speaking about the way in which the case was handled by the initial judge, who has since died, Hummel said: "The misconduct is plainly evident from the existing record," and said he would be launching an appeal.

The 75-year-old director is not the only one who wants to put the case behind him. Samantha Geimer, who is now 45, supports his bid for dismissal. Her lawyer said: "The time has come for this case to end," after Geimer publicly declared that asking the director to appear in person would be "a cruel joke." ·