Crime Stories with Nancy Grace - Should fugitive filmmaker Roman Polanski be allowed back in the USA?

Episode Date: March 14, 2017

Roman Polanski fled the United States 40 years ago because he feared a Los Angeles judge would send him to prison for years after he admitted having sex with a 13-year-old girl. The filmmaker, who found refuge in Europe, has renewed his legal effort to be allowed back in California with no more jail time so he can resume his movie-making career. Nancy Grace and Alan Duke debate Polanski’s case in this episode. Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

This is an iHeart Podcast. Filmmaker Roman Polanski is wanted in the U.S. in a case involving sex with a minor, which has haunted him for almost 40 years. Polanski's lawyer said he has paid dearly for what he has done and has been unable to make movies in Hollywood ever since. This is Crime Stories with Nancy Grace. The filmmaker pleaded guilty in 1977 to one count of unlawful sexual intercourse with a 13-year-old girl during a photo shoot in Los Angeles.

He served just 42 days in prison before leaving the U.S., fearing the judge would have him in prison for longer. He lives in France and has a home in Switzerland. The U.S. has tried to bring Polanski back to court, but so far those attempts have failed. A child rapist has walked free. But why? He was within our grasp and he escaped. Now, if this were an ordinary child rapist that had already pled to illegal sex with a 13-year-old child,

that's statutory rape. Period. No two ways about it. He'd be under the jail, but because he is famed director Roman Polanski, he's living in a mansion in, I guess, Switzerland. I'm Nancy Grace. This is Crime Stories. Thank you for being with us. Roman Polanski, convicted child rapist, wants to come back to the U.S. after living the high life 40 years on the lam. But he is insisting the only way he'll come back to the U.S. is if a judge says he has already done enough jail time., about 40 days behind bars while he was getting a mental evaluation? What, 40 days for raping a 13-year-old child? That child, now a woman, has never deviated from her story about what happened that day.

Roman Polanski, the director, was 43 when the event occurred. The victim was just 13. He wants to grace us with his presence by coming back to the U.S. Do I want him back? No. No, not really. His attorney now asked a judge to state Polanski has served enough time, according to TMZ. The prosecutor, of course, is against this because he could be jailed for up to 50 years on this. This is statutory rape. Many people argue to this day that girls or boys can consent to sex. That's not true.

At that age, you can't buy a car. You can't buy alcohol. You can't vote. You can't buy a house or enter a contract. You can't even buy cigarettes because you are a car. You can't buy alcohol. You can't vote. You can't buy a house or enter a contract. You can't even buy cigarettes because you are a minor. Why would you be able to consent to sex with an adult? Not that that's even the defense here. According to the facts as I recall them, this little girl, according to reports, was fed drugs, led into a hot hot tub and the next thing you know Roman Polanski had had sex with her what is just anything okay in LA does anything go I don't think so joining

me right now is Alan Duke chomping at the bit to jump in I am because you see I've covered LA for a few years but I wasn't there in 1977 when this case came down. But this is a classic Hollywood celebrity case gone bad. Yes, the fact is I understand it. This was a 13-year-old girl who aspired to be an actress. Her mother wanted her to be an actress, and she... I doubt her mother wanted her to have sex with a grown man in a hot tub. No, but her mother did want her to have a friendship with Roman Polanski. And?

It's something that happens in Hollywood. No, I don't know what you mean. What do you mean it's something that happens in Hollywood? This is a really bad problem in Hollywood, where children are made vulnerable to people like Roman Polanski. And in 1977, it was probably a lot worse than it is now. So what happened was abhorrent, just horrible. What happened? Yes, he got her in the hot tub, and he ended up having sexual relations with a 13-year-old girl.

That's called statutory rape. Yes, it is. So why do you keep saying... Actually, the rape... This is what happened, Nancy. No, no, no, no, no, no. Let's just be clear, Alan. There's no such thing as, quote, sex with a 13-year-old girl.

That is rape. Okay? I agree with you. That's statutory rape. I agree with you. But legally, as part of a plea agreement in 1977 with Roman Polanski, they made a plea agreement where he pled guilty to having sex with her, but not to rape. The rape charge actually was not prosecuted. Hold on just a moment, please.

I'm going to forgive you because I know that you have not prosecuted felonies. Sex with a minor is statutory rape. Because you don't beat the person or drag them off into the bushes or rip their clothes off, that does not mean it's rape. For instance, if I slipped you a GHB, Georgia Homeboy, gamma-hydroxybutyrate, and raped you, true, you wouldn't fight me, but you wouldn't consent either. A child is not able to give consent. Exactly right. So whatever happens is rape because no consent was given, period.

But they did not, as the plea agreement goes, they did not prosecute him ultimately for rape. What the hay do you think sex is with a 13-year-old? That's a statutory rape. This is 1977, and whether it's right or wrong, legally they did not prosecute Roman Plants. Well, they dropped one charge, the rape charge, in exchange for a plea deal on the other charge, which is perfectly fine.

And the deal was... And he could get 50 years on that. The deal was that he would plead guilty, and he entered a guilty plea with the understanding then he went into custody for 45 days for a psychiatric examination. Right. This is what the judge ordered. But what happened during those 45 days is the big question. Roman Polanski left the country after getting out from the 45 days because Roman Polanski left the country after getting out from the 45 days because it was his understanding that the judge was going to go back on the plea deal.

And what we found out... A judge cannot enter a plea deal. No, but the judge had agreed to the plea deal. This is the argument from Polanski's lawyer. The judge had agreed to it. Then Polanski found out that the judge had changed his mind. Why did the judge change his mind? We've got some indication from a documentary that came out in 2009.

Oh, and who did the documentary? Robert Polanski? No. One of the prosecutors in the documentary was interviewed saying that he basically... Who is he? The prosecutor goaded the judge, ex parte or whatever you lawyers call it, goaded the judge into changing and reneging on it. And that that was what was going on. There was basically misconduct. Oh, okay. Just pause. Pause. Okay. Has there ever been a charge against the judge for misconduct?

The reason that it happened... That's a yes-no, Alan. First of all, that judge is long gone. That's a yes-no. Did they ever charge the judge with misconduct? Let me guess, no. Polanski's lawyers have made the accusation. So, no.

Yes. But this is the problem. No, you're not answering. Until... No, just stop talking. Please, just for a moment. Okay. Oh, if it were only that simple with my husband, or my children, or anybody else in my life.

Listen, wait a minute. Just this question, Alan, which you are skillfully evading. Did the judge ever get cited for misconduct? No. Okay, so they're claiming this now that the judge is dead. The reason this thing could not play out, if you are a fugitive from California, you don't have the right to challenge the judge. And so what a judge said back in 2009 and 2010 in response to Polanski's appeal then to be able to come back was, you have to come

back here. If you're going to challenge this whole thing, you can't be a fugitive while you challenge it. I'm talking about at the time that it happened. Right. No. Was the judge ever sided with misconduct? No.

No. So now, all these years later, now they're claiming misconduct. Well, in the last 10 years. In the last 10 years. In the last 10 years. This is the legal argument. You know how much weight I give that? Not much. But in a court of law, he can't do it as the argument.

And I understand this. As a fugitive, he cannot be a fugitive and challenge what happened. He has to come back here and face it. See, that's where they have the the showdown so what happened was in 2009 the prosecutors in los angeles got an extradition warrant for polanski polanski was then arrested in switzerland held there for a while eventually got some bond and was hanging out in his chalet in switzerland for a while Drinking hot chocolate. I'm sure he was skiing, too. So he waited, and finally Switzerland decided not to extradite him. Am I surprised? No.

Yeah. So that was 2009, 2010, and he's been still biding his time. And now they're trying to get it all cleared up, so he wants to come back. But this is the thing we haven't mentioned. This then 13-year-old girl has been begging the Los Angeles County District Attorney's Office to just drop this thing. Drop it. Now, she has been saying this for a long time. Right, I know.

And she says, look, I'm over it. Don't please bring this back. The first time you said it. Okay. Saying it eight or nine more times in different words does not change anything for me. I have one question to ask you in that regard, and it is a yes-no question. You're telling me that she is now saying and has been saying for a few years, you know what, I'm exhausted, just drop it.

I get that as a crime victim. I completely get that. My question to you is, is there one time ever that she has said it didn't happen? No, I don't think anybody's let me just remind you of something, Alan, the prosecutor is not the victim. And I know this because I had to do it. Sometimes you have to do what's best for the victim when the victim and I know this because I had to do it sometimes you have to do what's best for the victim when the victim does not have the strength or the tenacity to go forward when the victim is exhausted when the victim is tired when the victim is quote as you said over it it is the state's duty to step in take that that burden, and go forward.

And let me tell you something. It would be a cold day in H-E-double-L that I would drop this charge because that's what it's about. She's exhausted from people asking her questions, bringing it up, doing interviews. She was raped as a child. You don't think that messed up her whole life? Actually, she says it didn't mess up her whole life. She's a mom of, I think, three kids.

She's 52 years old now. But it's been a while. I mean, for more than a decade, she's been saying, please drop it. She got upset when they asked for extradition in 2009. I didn't ask you, did she go on? All victims somehow go on. I went on. She's gone on.

She managed to marry and have a family. And it hurts me actually, Alan, to hear you say, oh, she said it hasn't bothered her. I don't believe that because you cannot be drugged and raped by a 40-something-year-old man when you're 13 and it doesn't change your life. Okay? So I applaud her that she has had the strength to go on. Because I've dealt with a lot of rape victims and a lot of child molestation victims. And they never go on. And it's very hard. As I always say, it's like breaking your arm and somehow, you know, you never get it set.

You learn how to flip a pancake. But it's never the same again. So I'm happy that she's gone on, but that does not mean justice has been obtained. Yeah. Mm-hmm. That's all you got to say? Yeah. Well, I was hoping you would tell me about SimpliSafe.

You know what? Actually, I will, because SimpliSafe is making this podcast possible. That's my point. And if it were not for our sponsor, I would not be able to talk about this issue as it affects millions of other similar crime victims. Guys, we're talking about Simply SafeiSafe, and they are our sponsor, and I'm proud that they're our partner because they make this podcast possible. SimpliSafe makes home security available to everyone, not just the wealthy or the privileged that have a big mansion and they can afford a top-notch security system. SimpliSafe makes home security affordable for all of us. It's $14.99 a month and there is 24-7, 365 monitoring. And what I like about it, many of the things, but one of them is it's not connected to your home or cell line. It's got its own cell power. So if someone cut your line, it's still working. If your cell phone goes dead

for people that don't have a landline anymore, it's still working. SimpliSafe can't have their line cut. They don't lose cell power and they monitor your home 24-7, 365. Go to simplisafe.com slash Nancy for another 10% off. SimpliSafe, thank you for being our sponsor. Now let me get back to Roman Polanski. I almost said I don't know who he thinks he is, but I know who he thinks he is but i know who he thinks he is a famous director what what what is he directed rosemary's baby rosemary's baby what pianist yes you know there's the whole sharon tate murder thing that he suffered the tragedy of that uh that was what eight or nine years before this all happened you know living in hollywood today is not like living in the 70s. So after he loses his wife to a killer,

he has sex with a 13-year-old in a hot tub. Yeah, it's despicable. It truly is. It's a crime. I'm not making a moral judgment. This is a crime. Right. It was a crime, but the point is,

legally, there was a deal in 1977. I don't know that. Well, it's documented. Just because Roman Polanski says there was a deal, that does not make me think there was a deal. His lawyers went to law school. They know what went on. Well, they're saying that, you know, we don't need to argue about this until he comes back. You can't be a fugitive and challenge this.

But there's a lot of reason to just clear it up. One, because the victim wants it dropped, cleared up out of her life. It's not about what the victim wants. I'm sorry to tell you that. It's about what is justice. Now, of course, they would take that into consideration. But for all I know, the victim started giving interviews and being harassed about it. Maybe that's why she wants it over.

I don't know the truth behind that. No. So, do you? I believe that it's been a long time. I didn't ask you what you believe. I asked you what you know. Well, I know that she would just like them to drop it. Anything more than you've already said.

No, I've pretty well said it. Then the answer would be no. Okay. So when is this coming to a head, or do we know? Oh. No time soon. Maybe another 10 years. Look, Nancy, you can go and Google my name in Roman Polanski, and you'll see the reporting I did 10 years ago.

This thing is not going away. You know, as much as I enjoy talking with you about you, this is actually about Roman Polanski and you'll see the reporting I did 10 years ago. This thing is not going away. You know, as much as I enjoy talking with you about you, this is actually about Roman Polanski. My point is, it's not going away. It's like the same old tune being recycled with this Roman Polanski thing. Okay, this is all I can say. Lady Justice wants Roman Polanski behind bars. Let me just go out on a limb and say that that's what I think is

fair. Now, apparently, my friend the Duke, Alan Duke, thinks otherwise. Well, we'll see about that, Alan Duke. Everybody, thank you for joining us today. Nancy Grace, Crime Stories, signing off. Roman Polanski, it'll be a cold day in you know where before I want you back in the country. How about that? This is an iHeart Podcast.