Court denies Polanski attempt to dismiss charge
Film director Roman Polanski remains under house arrest in Switzerland

Court denies Polanski attempt to dismiss charge

Dec 21, 2009 at 23:46
LOS ANGELES (Reuters) - A California appeals court on Monday denied an attempt by attorneys representing Roman Polanski to have a sex charge against the film director dismissed on grounds of judicial misconduct.

But in its ruling, the California Second District Court of Appeal said it did not disregard the "extremely serious allegations" raised in the case and urged the parties to "take steps to investigate and to respond to the claims."

Oscar winner Polanski, whose films include "Chinatown" and "The Piano," is under house arrest in Switzerland, held in a 1977 California case in which he pleaded guilty to having unlawful sex with a minor.

But in 1978, Polanski fled the United States because he believed a judge was going to sentence him to more than the time he had already served in a California detention center.

Since then, Polanski has made his home in France and avoided extradition back to California for his sentencing. In September, he was arrested at a film festival in Switzerland and the legal battle was renewed.

Based in part on interviews in a 2008 documentary about the director and the 1977 rape case, "Roman Polanski: Wanted and Desired," attorneys for the director sought to have the charge against him dropped due to misconduct on the part of the original judge, who has since died.

Earlier this year, a California judge said he could not make a decision with the director absent from his courtroom and that Polanski must return.

Polanski's lawyers appealed to the Second District Court to dismiss the charge, resulting in Monday's ruling.

(Editing by Jill Serjeant)