BS: Should Polanski be extradited to the USA

Subject: RE: BS: Should Polanski be extradited to the USA
From: Michael S
Date: 01 Oct 09 - 02:12 PM

A friend sent me this:

"When there is a plea bargain, the court can reject the agreement but it cannot change the terms of the agreement unless the parties agree. (People v. Segura (2008) 44 Cal.4th 921, 931; People v. Superior Court (Gifford) (1997) 53 Cal.App.4th 1333.)"

I haven't read the cases and don't intend to (too little time). Someone will. They postdate Polanski's situation by 20 and 30 years but if this is what they say I suspect they reflect the law in the 70s as well.

I'm sure any criminal judge knew the law. Maybe all the judge was really going to say was "no deal, try the case, or try another deal." In that case, no foul to Polanski--he ran because he didn't want to risk a conviction. Maybe the judge WAS going to enforce the guilty plea but change the sentence in some obviously improper fashion. In that case, I believe Polanski would have gotten QUICK relief. There are vehicles for the system to act speedily.

The legal system is thorny, and it can make mistakes. Judges can be dumb or corrupt. But Polanski started this and he can't run when it's not working out and then say, "too late, I skate." Come back. You can't get relief as a fugitive.

Michael

Subject: RE: BS: Should Polanski be extradited to the USA
From: M.Ted
Date: 01 Oct 09 - 02:55 PM

I just read somewhere that I can no longer find, that in California, at least if a judge rejects the negotiated sentence, the defendant may withdraw the guilty plea. Also just read that a judge may reject and agreement, but may not alter it. Here is a page that cites some cases, related to Plea Bargaining

I have been reading the documents filed by Polanski's attorneys linked above, and also court transcripts of his plea hearing.   It appears that the dismissal of the other charges was to be made at the time of sentencing, and that after Polanski made his plea, there was an adjournment, so that a psychiatric hearing could be begun. Apparently the trial never actually ended--so I am completely lost on what stands and what doesn't.

Subject: RE: BS: Should Polanski be extradited to the USA
From: heric
Date: 01 Oct 09 - 09:08 PM

Dang now we've all confused ourselves so badly no one's got anything to say.

Subject: RE: BS: Should Polanski be extradited to the USA
From: Ed T
Date: 01 Oct 09 - 09:50 PM

"How would a guilty plea be nullified by flight"

I was meaning to suggest that the plea agreement could possibly be null, because of the flight...if it was ever a concluded deal. Flight may possibly nullify iyt, because Polanski did not follow out his side....and face the court in a reasonable time,   The guilty confession (to lesser charges could also be nullified, making the full charges what he could face.

Subject: RE: BS: Should Polanski be extradited to the USA
From: M.Ted
Date: 02 Oct 09 - 01:46 AM

If the guilty plea is tossed out, then the state would have is to bring him to trial for the charges--since the victim does not want the case to continue, there wouldn't really be much to build a case on, though it may be possible for them to introduce her testimony from the earlier trial. Someone would have to read the testimony to the jury, however, and, having been involved in lawsuits where that happens, I can tell you that juries are not much impressed with anything that anyone reads to them that is much more than a paragraph long.

Subject: RE: BS: Should Polanski be extradited to the USA
From: Michael S
Date: 02 Oct 09 - 02:11 AM

The amount of legal system misinformation that we (me included) have contributed to this thread boggles my mind. There was ample cause to charge the man. He ran away. Bring him back. Then we can watch it play out. My bet -- if the state gets him back to California, there'll be a conviction via the old guilty plea, or a new guilty plea, or a trial. But that's just my guess. Bring him back.

Subject: RE: BS: Should Polanski be extradited to the USA
From: GUEST,Colonel Redl
Date: 02 Oct 09 - 08:45 AM

Polanski could still avail himself of the 'traditional' European Gentleman's option
to do the right thing,
and retire to his study with a glass of brandy and a loaded revolver.

Subject: RE: BS: Should Polanski be extradited to the USA
From: Ed T
Date: 02 Oct 09 - 10:26 AM

Legally, with statutory rape, it does not matter if the victim wants a charge to go forward or not. Because it involves a child, the courts are required to move forward on it, if they have ample evidence to do so.

Subject: RE: BS: Should Polanski be extradited to the USA
From: 3refs
Date: 03 Oct 09 - 07:29 AM

The years don't erase anything!


I read the transcript of the girls testimony. I know what I'd do with him! You want to take that dance, you WILL pay the band!

I have lost all respect for Whoopi and anyone else who is trying to minimize this whole issue!

Subject: RE: BS: Should Polanski be extradited to the USA
From: M.Ted
Date: 03 Oct 09 - 04:39 PM

Of course, we are all disgusted by what Polanski did, 30 years ago. But...

I am more disgusted by the fact that children are still being sexually abused on a monumental scale. And I am revolted by the fact that, by enlarge, the social services system, the justice system, and the educational system,all who are all supposed to investigate, mostly don't, and all the people who make such grand statements about what should be done with Roman Polanski never say, or do a thing about it.

Subject: RE: BS: Should Polanski be extradited to the USA
From: 3refs
Date: 03 Oct 09 - 05:10 PM

Here's case of the people who perhaps look down their noses upon those who deal with these people in a harsh way, and then get called the dregs of society. I'm an ex-convict and I know what we'd(I'd) do with him. Don't tell me about making a grand statements that I wouldn't back up! Straightened my life out a long time ago, but not to the point where I turn a blind eye or speak with a forked tongue.
Say what you want about the rest, but don't include me, I've handed out more justice to pedophiles and sexual offenders than most.

Subject: RE: BS: Should Polanski be extradited to the USA
From: Ed T
Date: 03 Oct 09 - 05:13 PM

Since he seems to feel that sodomy with an unwilling child, that he intoxicated, is OK, why not subject him to the high points of the USA penal system....maybe he would see the light.

Subject: RE: BS: Should Polanski be extradited to the USA
From: 3refs
Date: 03 Oct 09 - 05:31 PM

Stockwell Day comments about Clifford Olson!

More than 10 years ago Stockwell Day created considerable controversy for saying child killer Clifford Olson should be in the general population of a penatenchery.

"People like myself say 'Fix the problem. Put him in General Population'". "The moral prisoners will deal with it in a way we don't have the nerve to do".

No truer words have been spoken! Let the convicts kill him, we haven't got the guts to! Once again, leave your dirty work up to someone else so they can keep their hands clean!

Subject: RE: BS: Should Polanski be extradited to the USA
From: 3refs
Date: 03 Oct 09 - 05:38 PM

Once again(seems to be a habit), I apologize! I understand that most of you haven't been where I have, and I have a different way of looking at, and dealing with certain issues.

Subject: RE: BS: Should Polanski be extradited to the USA
From: Crow Sister (off with the fairies)
Date: 03 Oct 09 - 05:42 PM

No need to apologise 3refs, I think there is a need to acknowledge on public discussion boards such as this, that not all members of the Western world have been raised in a safely innoculated test-tube.

Subject: RE: BS: Should Polanski be extradited to the USA
From: 3refs
Date: 03 Oct 09 - 05:52 PM

Thanks!
"I'd like to hold my head up and be proud of who I am
But they won't let my secret go untold
I paid the debt I owed them,but they're still not satisfied
Now I'm a branded man out un the cold".