A Los Angeles judge privately told lawyers he would jail film director Roman Polanski for sexually abusing a 13-year-old girl in 1977, a former prosecutor has testified.
Key points:
- Roman Polanski pled guilty to abusing the girl but fled before he could be sentenced, never returning to the US
- He continues making films in exile and has won multiple high-profile awards
- His victim wants the case to be closed "as an act of mercy" for her and her family
Testimony by retired Deputy District Attorney Roger Gunson supported Polanski's claim he fled on the eve of sentencing in 1978 because he didn't believe he was getting a fair deal.
The previously sealed transcript from 2010, obtained by the Associated Press, revealed Mr Gunson said the judge broke a promise to let Polanski go free after county probation and state prison officials decided he shouldn't serve hard time.
"The judge had promised him on two occasions… something that he reneged on," Mr Gunson said.
"So it wasn't surprising to me that, when he was told he was going to be sent off to state prison… that he could not or would not trust the judge."
Polanski's victim testified before a grand jury that during a photo shoot at Jack Nicholson's house in March 1977, Polanski gave her champagne and part of a sedative, then forced her to have sex.
Mr Nicholson was not home at the time.
The girl said she didn't fight him because she was afraid of him, but her mother later called police.
When the girl refused to testify in court, Polanski pleaded guilty to unlawful sex with a minor in exchange for prosecutors dropping drug, rape and sodomy charges.
She has since called for an end to the case.
Polanski was "ecstatic" with the transcript that helped vindicate his reason to flee to Europe, defence lawyer Harland Braun said.
Mr Braun said he would use the transcript to renew efforts to have Polanski sentenced to time served, without appearing in court as he feared being arrested and jailed if he returns to the US.
Prosecutors previously rejected this request.
"He's waiting to see what happens next," Mr Braun said.
"This is the first chance that he's really had in this case."
Polanski's victim asks judge to end her '40-year sentence'
The victim, Samantha Geimer, has long advocated that the case be dismissed or that Polanski be sentenced without returning to the US.
Five years ago, she travelled from her home in Hawaii to Los Angeles to urge a judge to end "a 40-year sentence which has been imposed on the victim of a crime as well as the perpetrator."
"I implore you to consider taking action to finally bring this matter to a close as an act of mercy to myself and my family," Ms Geimer said at the time.
Polanski agreed to pay Ms Geimer more than $600,000 to settle a lawsuit in 1993.
Ms Geimer, who has pressed for an investigation of judicial misconduct, also asked that the transcript be unsealed in a letter last month and urged the District Attorney's office to take a fresh look at the case.
Prosecutors have consistently objected to releasing the material but relented last week to honour Ms Geimer's wishes and be transparent with the public.
The DA's office said in a statement it was reviewing the transcript but would make no decision on how to proceed until the defence filed a motion for sentencing.
The office said it was troubled Ms Geimer's wishes had not received proper consideration over the years and would consult with her in the future.
However, the DA indicated Polanski may not be able to avoid a court appearance.
"We have long maintained that Mr Polanski should surrender himself," the statement said. "Any suggestion to the contrary is false."
Mr Goldman said Mr Gascón may want to use the high-profile case to show critics who are trying to oust him from office that he's not soft on crime.
"At this point, the right thing to do — if you want to consider the victim and the interests of justice — is let him be sentenced in absentia," Mr Goldman said.
"But then there are the political consequences. It seems like an easy spot for the DA to show he's being tough."
ABC/AP