Polanski attorney requests sentencing in absentia
(Agencies)
Updated: 2010-01-07 09:35
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Polanski's lawyer asked for a private conference in the judge's chambers, but a prosecutor prevailed in asking to make Wednesday's session public. Deputy District Attorney David Walgren said media presence would prevent misconceptions of what might be said behind closed doors.
He cited a history of "in chambers" conferences in the case that became controversial.
Polanski was accused of plying Samantha Geimer with champagne and part of a Quaalude pill then raping her during a modeling shoot at Jack Nicholson's house in 1977.
Polanski was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty in a plea bargain to one count of unlawful sexual intercourse. He was sent to prison for a diagnostic study. The judge, who had promised no further jail time, reneged and was planning to sentence him more harshly.
Judge Espinoza said earlier this year there appeared to be "substantial misconduct," but Polanski had to return to the United States to argue for the case to be tossed out.
Polanski has refused to return and is fighting extradition from Switzerland, where he was arrested in September when he arrived for a film festival.
Prosecutors said Polanski is subject to a sentence of two years; the defense says he already served a sentence handed down by the original judge in the case plus five months spent in a Swiss jail and more recently under house arrest.
In its opinion last month, the appellate court panel said it believes the trial court could issue a sentence that does not require any further incarceration.