n Sun, Sep 27, 2009 at 10:02 PM, Kevin M. <[email protected]> wrote: > > On Sun, Sep 27, 2009 at 9:22 PM, PGage <[email protected]> wrote: >> I see that the feelings about this run hot for many. >> >> This has nothing to do with the state or the law forgiving him. He >> should get the penalty he deserved, under the law and based on the >> current practices of the time, for the crime he plead guilty to. > > A cursory online look at the mandatory for this seems to be 10 years > without the possibility of parole. What was his sentence supposed to > have been? I'm OK with him getting his 10 and, of course, having to > register as a sex offender. > >> Any >> consequence for fleeing the jurisdiction should be suspended in the >> interest of justice, given the gross perversion of justice perpetrated >> by the State and Court in this case. > > Any gross perversion of justice would seem to be in the sentencing > (since he freely admits to the crime he was convicted of), which he > didn't actually serve. Assuming that is true, he might be able to get > a waiver for skipping the country.
No. Polanski plead guilty to a charge of unlawful sex with a minor - I think the year was 1977. I don't know what the average sentence is for that charge now, but in 1977 it was not 10 years and registration as a sex offender. I believe the maximum sentence at the time was something like 20 years, but that was not the customary sentence. Some years ago a Los Angeles Judge ruled that if Polanski came home and faced the charges (in public) he would not have to serve any additional prison time. I can't remember the exact sentence that had been agreed to in the plea bargain, but it amounted to the time he had already served. His time was actually served in a psychiatric hospital, partly because he was being assessed for a probation recommendation on sentencing (which did take into account his experience with the Nazis and the murder of his wife). The judge did not follow the recommendation or the probation report, or the bargain made with the prosecytors, and threatened to put him in prison for as much as 50 years. Polanski, convinced the judge was out to get him to curry favor with the public (contrary to the opinions posted here, public opinion even in LA was very much against the foreigner, who a lot of Americans wanted to believe was somehow responsible for the murder of his wife). Most people officials who have looked at the facts of this case seriously, including several judges and (I think, but I am not sure on this point) prosecutors) believe that the actions of the judge were corrupt, and all agree that he was abusing his power. If and when Polanski faces a LA Judge, he will not be facing 50 years in prison, he will not be facing 10 years in prison, it is extremely unlikely he will be facing 1 year in prison. This will not be because he is a celebrity, or because anyone feels sorry for him. It will be because the proper sentence for the crime he plead guilty to will have been time already served. They will not give him any additional prison time for fleeing the jurisdiction because almost everyone who has officially looked at the case acknowledges the abuse of power issues. They may assess a fine to defray the costs of bringing him back. A very quick search did not yield what the customary sentence was for this crime in 1977, but I did find this report of a community college basketball player who was convicted of unlawful sex with two minors circa 2002 - 18 months: http://www.thefreelibrary.com/UNLAWFUL+SEX+RESULTS+IN+18-MONTH+JAIL+SENTENCE-a084032739. In this case, apparently one count was a felony (12 months) and the other was a misdemeanor (6 months). I can not tell if Polanski had plead to a felony or a misdemeanor count of unlawful sex with a minor. --~--~---------~--~----~------------~-------~--~----~ TV or Not TV .... The Smartest (TV) People! You received this message because you are subscribed to the Google Groups "TV or Not TV" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/tvornottv?hl=en -~----------~----~----~----~------~----~------~--~---
