But his guilty plea doesn't mean a thing if it gets tossed out for the judge not following the plea bargain, which means the prosecutors have to be able to prove their case.

Frankly, the Hollywood reactions on this have made me sick. Whoopi Goldberg announced yesterday that drugging a 13-year-old girl and having vaginal and anal sex with her while she protests isn't "rape rape". God help us all.

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But his guilty plea doesn't mean a thing if it gets tossed out for the judge not following the plea bargain

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Then he shouldn't have had anything to fear 30 years ago, and no need to abscond. By running away he lost nearly all legitimacy in complaining that the system wasn't treating him fairly.

I agree whole-heartedly with that. But it doesn't make the case any easier to prove now.

Even if they have to dismiss the original case, can they indict him on a new charge of escape?

Flight may be inferred to be evidence of guilt.

Seems like Bond Jumping would be a cinch to prove. I've done the same when parents (doctors) of a young victim didn't want to put her through a trial.

My first impulse was to force the victim to testify, but I guess she has already been a victim once. Those loons out there would make her life miserable over another trial.

Surely they filed something on him for failure to appear? We just tried a thug for FTA because we needed a last minute trial and he refused to take a plea while sitting in our jail, and he had previously absconded to Minnesota. The jury gave him 7 years for the FTA! Of course, he had criminal history a mile long... BUt point is an absconder shouldn't benefit from stalling so long his case gets stale, so hopefully they filed a bail jumping or something. And of course, if his original deal was probation, and he's already pled guilty, the strength of the original case no longer matters--it's just about sentencing, and whether if the previous guilty plea was predicated upon an agreement for probation, it's still appropriate. If I were the prosecutors there, I would want the judge to just follow the original deal, put the guy on probation, and then deal with the failure to appear as a separate matter (that would be a much stronger case at this point in time--if it was filed before a SOL barred it). The fact that this guy has famous friends that think he should be let off doesn't mean he should get smacked just to teach them a lesson.

Doesn't this sound like there was something odd going on, though? If the defendant had a plea bargain and the judge busted the plea, wouldn't the defendant have been able to withdraw his guilty plea? Maybe the law was different back then.

I hate it when the media is like a mob with torches and pitchforks, ready to storm the stronghold when they have no understanding of the actual intricacies of what is happening. Who cares what Whoopie Goldberg thinks, unless she's on the jury (and she'd get bumped pretty quick from mine!) If people could really see the decision making that goes into these issues, they would probably be more okay with how it's handled, but all they hear is the drama. Makes me think of the talks from Mr. Sutton and Mr. Bradley at the training. I think a good question here is not only what should happen, but how to explain it to people that yes, it IS and WAS actually rape, rape (to use Whoopie's description) but that is not really the issue anymore--because he has admitted to it?!

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Originally posted by suzannejost:
Doesn't this sound like there was something odd going on, though? If the defendant had a plea bargain and the judge busted the plea, wouldn't the defendant have been able to withdraw his guilty plea? Maybe the law was different back then.

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The judge never actually busted the plea. Apparently he was planning to, Polanski got word of it, and he skipped the country instead of dealing with the issue on appeal like any normal person would have to do.

and the "getting word of it" sounds shady to me, too. Good luck, current prosecutors.

Yep, I think jumping on a plane out of the country would not go over well to the rest of the regular joes who couldn't even get out of jury duty.

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The judge never actually busted the plea. Apparently he was planning to, Polanski got word of it, and he skipped the country instead of dealing with the issue on appeal like any normal person would have to do.

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Which of course goes to Suzanne's point- just get the judge to assess the plea that Mr. Polanski already agreed to, and pled guilty to, and we don't have a problem.

Other than the fact that that plea itself is probably a wrist slap travesty...

GG, thanks for the link to the LA Times editorial. Isn't it comforting to know that at least one person in California wants him held accountable...

Anyone care to theorize why the writer was reading the GJ testimony? The LA DA's Office gave him access to Polanski's file, including the GJ transcript. He repeatedly quoted the victim's testimony in his editorial. Disturbing.

Actually, there has been more than one editorial in the LA Times and yes, even in the Huffington Post lambasting his supporters and calling for justice.

Roman Polanski lost the first round Tuesday in his battle to avoid extradition to the U.S. for having sex in 1977 with a 13-year-old girl.

Already locked in a Zurich cell for the last dozen days, Polanski learned he will remain incarcerated for an extended period as the Swiss Justice Ministry rejected his plea to be released from custody.

Details.

I can't believe they found him a flight risk. What on Earth would give them that impression?

Interesting development.

http://www.nypost.com/p/news/national/flub_freed_polanski_H04tNrasYpXZzuiPKsaa5I

This is an Australian editorial on Polanski. Too bad one has to look "down-under" to find such sageness. The essence of the man is perfectly described by the quote: "A moral pygmy and a filmmaking giant." The article is about accountability:

http://www.smh.com.au/opinion/blogs/the-vulture/time-for-polanski-to-settle-his-bill/20100812-120oa.html

[This message was edited by John A. Stride on 08-12-10 at .]