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  1. #61
    Reality TV's Bytch
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    You don't now what the Swiss have. You don't know how important the sealed information is. The Swiss waited 10 months. If they didn't want to extradite, they could've released him sooner. If the US really wanted him, they would've submitted the request years sooner since they knew he visited Switzerland and has a place there. If the US really wanted him, I'm sure someone somewhere would've gotten the information the Swiss wanted.

    ETA I am not defending Polanski. I think he is a reprobate, but from what I've read (here) about the legal details of the case, it sounds like some very sketchy things went down. I'm defending the judicial system, as flawed as it is. Others have expressed this better.

  2. #62

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    The Swiss law system required this document. The Californian law system has sealed it. There seems to be a clash.

  3. #63

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    Quote Originally Posted by Jackie Sparrow View Post
    The Swiss law system required this document. The Californian law system has sealed it. There seems to be a clash.
    Yes, a clash that Polanski and his attorney exploited. As so many in this thread have claimed that if the US REALLY wanted Polanski they could have unsealed this document - by the same token if the Swiss REALLY wanted to allow Polanski's extradition they could have done so without this document. In this case, the rapist won.

  4. #64
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    Unless the Swiss extradition process required this document. They may not be willing to compromise their process in this one case. To me, if they waited the 10 months, they really wanted to extradite but couldn't because of the requirements.

  5. #65

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    Quote Originally Posted by uyeahu View Post
    Yes, a clash that Polanski and his attorney exploited.
    I think everyone would. It's just the nature of the law. We might not like it, but it is what it is.

    What were the reasons for sealing the transcipts?

  6. #66

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    Quote Originally Posted by Jimena View Post
    I think everyone would. It's just the nature of the law. We might not like it, but it is what it is.

    What were the reasons for sealing the transcipts?
    Possibly had something to do with there having been sensitive testimony regarding a minor child? I couldn't know for sure but I think that's a good guess.

  7. #67

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    Quote Originally Posted by uyeahu View Post
    Yes, a clash that Polanski and his attorney exploited.
    Eh, yeah, that's what attorneys are there for otherwise you wouldn't really need one

    As so many in this thread have claimed that if the US REALLY wanted Polanski they could have unsealed this document - by the same token if the Swiss REALLY wanted to allow Polanski's extradition they could have done so without this document. In this case, the rapist won.
    You are a very simple person. Why don't you write to our justice minister and ask to change the Swiss law? It has NOTHING to do with wanting or not wanting to extradite Polanski!

  8. #68

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    Quote Originally Posted by Jackie Sparrow View Post
    You are a very simple person. Why don't you write to our justice minister and ask to change the Swiss law? It has NOTHING to do with wanting or not wanting to extradite Polanski!
    **** You Jackie. I've managed to go the entire thread without insulting you so why do you feel the need to insult me?

  9. #69

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    Quote Originally Posted by uyeahu View Post
    **** You Jackie. I've managed to go the entire thread without insulting you so why do you feel the need to insult me?
    You're insulting my country, no matter what reasoning everybody is trying to give you. So there.
    You managed not to insult me until now? So you wanted to insult me from the beginning?

  10. #70
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    Does anyone now what the actual charge is against Polanski? The articles linked say that the US dropped the rape charge.

  11. #71

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    Quote Originally Posted by heckles View Post
    Where do I sign up to be sentenced to 10 months "detention" in a luxury mountain chalet in Switzerland?
    Ah....I overlooked that. Scratch those 10 months then

    I really do think he should serve his time, but I also think that the correct procedure has to be followed.

    Quote Originally Posted by uyeahu View Post
    **** You Jackie. I've managed to go the entire thread without insulting you so why do you feel the need to insult me?
    You said "fcuk you Switzerland" at the very start, which could be pretty insulting for a Swiss person. As a former Swiss resident, I was pretty insulted and I haven't lived there for four years

    Classy response to Jackie's far more moderate threat by the way
    One day your life will flash before your eyes. Make sure it's worth watching.

  12. #72

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    Quote Originally Posted by *Jen* View Post
    Classy response to Jackie's far more moderate threat by the way
    Sorry, how's this - kiss my simple ass Jackie. Better?

  13. #73

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    Quote Originally Posted by Norlite View Post
    Does anyone now what the actual charge is against Polanski? The articles linked say that the US dropped the rape charge.
    They dropped the rape charge in exchange for a guilty plea on unlawful sex with a minor I believe.

  14. #74

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    Quote Originally Posted by uyeahu View Post
    Sorry, how's this - kiss my simple ass Jackie. Better?
    Much
    One day your life will flash before your eyes. Make sure it's worth watching.

  15. #75
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    Quote Originally Posted by uyeahu View Post
    They dropped the rape charge in exchange for a guilty plea on unlawful sex with a minor I believe.

    I see.

    Well, that's a shame.

  16. #76

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    The law in California is unlawful sex with a minor, Penal Code section 261.5. The relevant provision is:

    Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.
    I thought it might be interesting to note that I had a recent case where one of my client's employees was arrested under the same law. He was 24 and the girl was 16, so it was under a slightly different provision but he was convicted of a felony with punishment of "imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison." He was sentenced to 180 days in jail, but served 2/3 of that time because offenders are credited with three days of time served for every two days actually served. Polanski served 42 days in California before he fled, plus spent a further 68 days in jail in Switzerland before he was released on bail and placed in house arrest. That adds up to 110 days in jail (or the equivalent of 165 days of credited time under California's rules). So even if Polanski got returned to California, the amount of time he has spent in jail is about equivalent to the total he might possibly receive as a sentence for the crime even under the current law being applied.

    Quote Originally Posted by Norlite View Post
    I see.

    Well, that's a shame.
    Not really. The prosecutor had no chance of convicting Polanski on a charge of rape, because the girl made it clear in 1978 that she would not testify.

  17. #77
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    Quote Originally Posted by uyeahu View Post
    They dropped the rape charge in exchange for a guilty plea on unlawful sex with a minor I believe.
    Strange they plea bargained down to 3 months in jail. Could their case have been that weak? Maybe the little girl was afraid to testify.

  18. #78

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    Quote Originally Posted by reckless View Post
    The law in California is unlawful sex with a minor, Penal Code section 261.5. The relevant provision is:



    I thought it might be interesting to note that I had a recent case where one of my client's employees was arrested under the same law. He was 24 and the girl was 16, so it was under a slightly different provision but he was convicted of a felony with punishment of "imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison." He was sentenced to 180 days in jail, but served 2/3 of that time because offenders are credited with three days of time served for every two days actually served. Polanski served 42 days in California before he fled, plus spent a further 68 days in jail in Switzerland before he was released on bail and placed in house arrest. That adds up to 110 days in jail (or the equivalent of 165 days of credited time under California's rules). So even if Polanski got returned to California, the amount of time he has spent in jail is about equivalent to the total he might possibly receive as a sentence for the crime even under the current law being applied.
    When did inmates start getting credit for 3 days for every 2 served? Was this the practice when Polanski was sentenced?

    And how many days are appropriate on the flight charge?
    Keeper of Nathalie Pechelat's bitchface.

  19. #79
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    Quote Originally Posted by Norlite View Post
    Does anyone now what the actual charge is against Polanski? The articles linked say that the US dropped the rape charge.
    I believe it has to do with drugging the 16 year old and having sex without her consent. Of course that is not rape...
    Without fear you cannot find courage

  20. #80
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    Quote Originally Posted by uyeahu View Post
    Yes, a clash that Polanski and his attorney exploited. As so many in this thread have claimed that if the US REALLY wanted Polanski they could have unsealed this document - by the same token if the Swiss REALLY wanted to allow Polanski's extradition they could have done so without this document. In this case, the rapist won.
    Jesus wept, the law can't be bend according to your will just because YOU REALLY WANT SOMETHING.

    You're really making yourself sound like a petulant 5-year old that must get this toy or he will stamp his foot and scream.

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