# US tries again to extradite Roman Polanski, this time from Poland. **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 22, 2015, 8:24pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614 "2015-01-22T20:24:21Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [January 22, 2015, 9:38pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/21 "2015-01-22T21:38:55Z")
> [@Skald\_the\_Rhymer](#): > > “Flouting”, not “flaunting.” I only mention this to be a jerk. For similar reasons I am inconsistent on how I punctuate around quotation marks.) You are correct, and my malapropism brings me shame. But not as much shame as you should feel for using a close-parenthesis without having opened a parenthetical to begin with. 🙂 ---
**Author:** ![lisiate](https://avatars.discourse-cdn.com/v4/letter/l/f05b48/32.png) [@lisiate](https://boards.straightdope.com/u/lisiate)\ **Post date:** [January 22, 2015, 9:42pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/22 "2015-01-22T21:42:33Z")
> [@aceplace57](#): > > I don’t want to waste time looking it up. I vaguely recall Polanski had a plea deal for a light sentence. The judge was on the verge of revoking the plea deal when Polanski hopped a plane to France. IIRC France’s decision was influenced by that legal maneuvering. They saw some injustice or something. They won’t extradite if they feel they are sending someone into a situation like that. Extradition isn’t automatic. > > Feel free to research it if you want. Its been years since I read up on the case. I just know France has looked at this case repeatedly and always reached the same conclusion. So did Switzerland two years ago. So did Poland a year ago. Now the US has petitioned Poland again. France refuses to extradite French citizens to other countries regardless of the crime alleged. It has nothing to do with the merits or otherwise of the case. The Swiss decision seems to have been based on a procedural irregularity - the US failed to provide some documents the [Swiss courts had requested.](http://www.swissinfo.ch/eng/polanski-will-not-be-extradited-to-the-us/15389712) The [extradition treaty](http://www.state.gov/documents/organization/186155.pdf) (pdf) between Poland and the USA contains this clause: > [@](#): > > Article 4 > Nationality > 1.Neither Contracting State shall be bound to extradite its own nationals, but the > Executive Authority of the Requested State shall have the power to extradite such > persons if, in its discretion, it be deemed proper and possible to do so. > 2. If extradition is refused solely on the basis of the nationality of the person sought, > the Requested State shall, at the request of the Requesting State, submit the case to its > competent authorities for a decision as to prosecution. So it looks like the ultimate decision will be made by the Polish government if Polanski is still a Polish citizen. Personally I hope he is sent back to the US, but I doubt that’ll happen, ---
**Author:** ![Skald\_the\_Rhymer](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)\ **Post date:** [January 22, 2015, 9:46pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/23 "2015-01-22T21:46:58Z")
> [@Smapti](#): > > You are correct, and my malapropism brings me shame. > > But not as much shame as you should feel for using a close-parenthesis without having opened a parenthetical to begin with. 🙂 No, that was also intentional. I am in the midst of a savage war against the rules of punctuation. There is a sacred story that explains why. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [January 22, 2015, 9:48pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/24 "2015-01-22T21:48:08Z")
Any time I’ve read articles on this case they bring up the plea deal and other stuff. I thought the circumstances of the case influenced France’s decision. I stand corrected then. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 22, 2015, 9:54pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/25 "2015-01-22T21:54:51Z")
> [@aceplace57](#): > > Its worth noting Polanski’s lawyers have made repeated attempts to get this settled. If all Polanski wanted to do was settle the case, that would be easy - he’d just surrender himself to American authorities and do his sentence. What Polanski really wants is to be able to come back to America without being punished for the crime he was convicted of. Polanski committed rape. He chose to become a fugitive in order to avoid prison. I don’t see any reason why he should have the case “settled” for his convenience. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [January 22, 2015, 9:56pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/26 "2015-01-22T21:56:31Z")
Polanski might be able to get a light sentence for his 40 year old crime, or get his case dismissed–but he’d have to show up in California for that to happen. He can’t stay in France until he learns what the outcome of his case is going to be, then decide whether to turn himself in or stay a fugitive. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [January 22, 2015, 10:14pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/27 "2015-01-22T22:14:57Z")
> [@Broomstick](#): > > [QUOTE=Northern Piper] > France has declined to extradite because Polanksi is a French citizen and France will not extradite its own citizens. And that is within the rights of France. [/QUOTE] Oh, I agree. I was just responding to **aceplace57** ’s suggestion that France had refused to extradite Polanski because the French authorities didn’t think a crime had been committed. France’s refusal to extradite is not a judgment about how strong or weak the US case may be; they don’t extradite their own citizens in any event. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [January 22, 2015, 10:15pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/28 "2015-01-22T22:15:17Z")
> [@aceplace57](#): > > I got one lousy thing wrong. I forgot that he had been convicted. Big deal. The crux of this case is the judge’s plan to nullify a plea deal after the defendant incriminated himself. What I got right is Europe doesn’t consider this guy a fugitive. If they did he would be yanked off a plane and arrested at an International airport. > > I’ve read up on this case several times in the past twenty years. I’m not investing the time again in a 40 year old case that involves an 81 year old man. Yet you’re willing to invest the time posting half a dozen times to this thread. ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [January 22, 2015, 10:58pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/29 "2015-01-22T22:58:15Z")
> [@aceplace57](#): > > I got one lousy thing wrong. I forgot that he had been convicted. Big deal. You were wrong in saying that our laws on sex with a minor were more draconian than those of France. You were wrong in saying that France was influenced by that disparity in denying extradition. You were wrong in saying that France was influenced by the plea deal in denying extradition. You were twice wrong in saying that if he returns “he’ll be tried under current law”; he won’t be tried for anything (except perhaps fleeing justice) and his sentencing on the original conviction will be in accord with the laws and guidelines in place at the time. Your opinions about this case are founded on misinformation. Given the right information, you might form a different opinion. ---
**Author:** ![even\_sven](https://avatars.discourse-cdn.com/v4/letter/e/dfb087/32.png) [@even\_sven](https://boards.straightdope.com/u/even_sven)\ **Post date:** [January 22, 2015, 11:19pm UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/30 "2015-01-22T23:19:52Z")
> [@Freddy\_the\_Pig](#): > > You were wrong in saying that our laws on sex with a minor were more draconian than those of France. You were wrong in saying that France was influenced by that disparity in denying extradition. You were wrong in saying that France was influenced by the plea deal in denying extradition. You were twice wrong in saying that if he returns “he’ll be tried under current law”; he won’t be tried for anything (except perhaps fleeing justice) and his sentencing on the original conviction will be in accord with the laws and guidelines in place at the time. > > Your opinions about this case are founded on misinformation. Given the right information, you might form a different opinion. But it’s all for a good cause, right? Somebody needs to defend the fugitive convicted child rapists. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [January 23, 2015, 12:33am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/31 "2015-01-23T00:33:44Z")
Some information on why Switzerland refused to extradite. If this is true, then it raises a lot of questions. > **[Roman Polanski sexual abuse case](https://en.wikipedia.org/wiki/Roman_Polanski_sexual_abuse_case)** > > On March 10, 1977, 43-year-old film director Roman Polanski was arrested and charged in Los Angeles with six offenses against Samantha Gailey (now Geimer), a 13-year-old girl: unlawful sexual intercourse with a minor, rape by use of drugs, perversion, sodomy, a lewd and lascivious act upon a child under the age of 14, and furnishing a controlled substance to a minor. At his arraignment, Polanski pleaded not guilty to all charges, but later accepted a plea bargain whose terms included dis Polans... > [@](#): > > On 2 May 2010, Polanski published an open letter entitled “I can remain silent no longer!” on Bernard-Henri Lévy’s web site.[62] In it, he stated that 26 February 2010 Roger Gunson (the deputy district attorney in charge of the case in 1977, retired by the time of the letter) testified under oath before Judge Mary Lou Villar in the presence of David Walgren (the present deputy district attorney in charge of the case, who was at liberty to contradict and question Gunson) that 16 September 1977 Judge Rittenband stated to all the parties concerned that Polanski’s term of imprisonment in Chino constituted the totality of the sentence he would have to serve. Polanski also stated that Gunson added that it was false to claim (as the present district attorney’s office does in their request for his extradition) that the time he spent in Chino was for the purpose of a diagnostic study. > [@](#): > > On 12 July 2010, the Swiss authorities announced that they would not extradite Polanski to the U.S. in part due to a fault in the American request for extradition. Polanski was no longer subject to house arrest, or any monitoring by Swiss authorities. In a press conference held by Swiss Justice Minister Eveline Widmer-Schlumpf, she stated that Polanski’s extradition to the U.S. was rejected, in part, because U.S. officials failed to produce certain documents, specifically “confidential testimony from a January 2010 hearing on Mr. Polanski’s original sentencing agreement.”[citation needed] According to Swiss officials, the records were required to determine if Polanski’s 42-day court-ordered psychiatric evaluation at Chino State Prison constituted Polanski’s whole sentence according to the now-deceased Judge Rittenband. Reasoning that if this was the correct understanding, then “Roman Polanski would actually have already served his sentence and therefore both the proceedings on which the U.S. extradition request is founded and the request itself would have no foundation.” ---
**Author:** ![Lochdale](https://avatars.discourse-cdn.com/v4/letter/l/edb3f5/32.png) [@Lochdale](https://boards.straightdope.com/u/Lochdale)\ **Post date:** [January 23, 2015, 1:02am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/32 "2015-01-23T01:02:00Z")
> [@aceplace57](#): > > Some information on why Switzerland refused to extradite. If this is true, then it raises a lot of questions. > > [Roman Polanski sexual abuse case - Wikipedia](http://en.wikipedia.org/wiki/Roman_Polanski_sexual_abuse_case) I can’t speak to the second issue but if the first issue is true, then isn’t that something Polanski would have raised on appeal (which is what the rest of us would have to do rather then skipping away to France and be aided and abetted by “stars”)? ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [January 23, 2015, 1:04am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/33 "2015-01-23T01:04:43Z")
Raises a lot of questions about what, exactly? That Switzerland had a different view of what his sentence consisted of than the US’s did? :dubious: Please. The amusing thing is that if he hadn’t fled, he’d most likely have been out of prison a long time ago. (I wonder if he’d come back if you offered him a baseball bat and five minutes alone with Charles Manson?) 😉 ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [January 23, 2015, 1:58am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/34 "2015-01-23T01:58:27Z")
> [@Broomstick](#): > > It’s not like the US is sending in a SEAL team to fetch the guy. Why would the SEALs want to feltch this guy? 😕 Oh, nevermind. ---
**Author:** ![Bam\_Boo\_Gut](https://avatars.discourse-cdn.com/v4/letter/b/8c91f0/32.png) [@Bam\_Boo\_Gut](https://boards.straightdope.com/u/Bam_Boo_Gut)\ **Post date:** [January 23, 2015, 2:20am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/35 "2015-01-23T02:20:40Z")
> [@aceplace57](#): > > The victim said decades ago she wasn’t interested in pursing this. Irrelevant. ---
**Author:** ![TBG](https://avatars.discourse-cdn.com/v4/letter/t/c89c15/32.png) [@TBG](https://boards.straightdope.com/u/TBG)\ **Post date:** [January 23, 2015, 4:00am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/36 "2015-01-23T04:00:53Z")
> [@aceplace57](#): > > This is getting pretty silly. After 40 years, let it go. Drop it. The victim said decades ago she wasn’t interested in pursing this. > > He’s being punished just by getting chased out of the US. He’s lost no telling how many big film deals because he can’t work in Hollywood. If anything thats sweeter justice than the short term he would have served in the 1970’s. > > There’s a reason France, Switzerland and now Poland refuses to extradite him. By Europe’s standards our laws are on this type of sexual assault are draconian. The US may not agree but thats the way it is. Laws against forcing a person to have sex with you are draconian? What he did wasn’t a crime just because she was underage. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 23, 2015, 4:10am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/37 "2015-01-23T04:10:14Z")
> [@Bam\_Boo\_Gut](#): > > Irrelevant. And biased. Polanski has been paying his victim hundreds of thousands of dollars over the years. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [January 23, 2015, 5:04am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/38 "2015-01-23T05:04:45Z")
I think it might get interesting if some non-government agent were to kidnap Polanski and bring him to the US to face punishment. Then, when the French government complains, both the state and federal governments can tell the French “Go ahead and file an extradition request. We’ll give it the same consideration you did for our request.” ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [January 23, 2015, 5:14am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/39 "2015-01-23T05:14:56Z")
> [@Smapti](#): > > Polanski has been flaunting the laws of this country and behaving completely unrepentantly for nearly 40 years. > > He needs to do his time in addition to any further time he has earned for fleeing justice. Holy shit! I agree with Smapti! Look you drug a thirteen year old girl, try to have anal sex with her and she still protests by saying no and you do it anyway. There is a word for that, I think, old word, and it isn’t sexual assault… ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [January 23, 2015, 5:22am UTC](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614/40 "2015-01-23T05:22:51Z")
> **[Roman Polanski sexual abuse case](https://en.wikipedia.org/wiki/Roman_Polanski_sexual_abuse_case)** > > On March 10, 1977, 43-year-old film director Roman Polanski was arrested and charged in Los Angeles with six offenses against Samantha Gailey (now Geimer), a 13-year-old girl: unlawful sexual intercourse with a minor, rape by use of drugs, perversion, sodomy, a lewd and lascivious act upon a child under the age of 14, and furnishing a controlled substance to a minor. At his arraignment, Polanski pleaded not guilty to all charges, but later accepted a plea bargain whose terms included dis Polans... > [@](#): > > Geimer testified that Polanski provided champagne that they shared as well as part of a quaalude,[16] and despite her protests, he performed oral, vaginal, and anal sex acts upon her,[17][18] each time after being told ‘no’ and being asked to stop.[11][19][20][21] [Previous page](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614.md?page=1) [Next page](https://boards.straightdope.com/t/us-tries-again-to-extradite-roman-polanski-this-time-from-poland/710614.md?page=3)