Rehabilitating a sexual predator...why?

[ballen0351]

A judge is not bound by a plea deal worked out by a prosecution and defense attorney. They can only suggest the terms to a judge. The judge can say I don't agree and hand down any sentence they want. That's why we have an appeals process if you believe the sentence is unjust. You dont flee the country.

 

[billc]

that used his power and authority to get a 13 year old to sleep with him

That isn't what polanski did, and just because polanski says his lawyer said they couldn't trust the judge...really...polanski said that was why he fled the country...

Geimer says. "Toward the end it got a little scary, and I realized he had other intentions and I knew I was not where I should be. I just didn't quite know how to get myself out of there."[SUP][13][/SUP] In a 2003 interview, she recalled that she began to feel uncomfortable after he asked her to lie down on a bed, and described how she attempted to resist. "I said, 'No, no. I don't want to go in there. No, I don't want to do this. No!', and then I didn't know what else to do," she stated, adding: "We were alone and I didn’t know what else would happen if I made a scene. So I was just scared, and after giving some resistance, I figured well, I guess I’ll get to come home after this".[SUP][14][/SUP]
Geimer testified that Polanski provided champagne that they shared as well as part of a quaalude,[SUP][15][/SUP] and despite her protests, he performed ****,*******, and **** sex acts upon her,[SUP][16][/SUP][SUP][17][/SUP] each time after being told 'no' and being asked to stop.[SUP][10][/SUP][SUP][18][/SUP][SUP][19][/SUP][SUP][20][/SUP]

Remember, she was 13 years old...

 

[K-man]

Polanski's case is not so simple. I repeat, I do not condone what he is alleged to have done or what he has plead guilty to. I am purely looking at the legal issues. I was told during proceedings years ago that there is a legal system, not a justice system and that is obvious when well heeled folk avoid prosecution or jail thanks to smart lawyers and poorer people are filling the prisons. If someone on the street robbed you of $100 and pinched your car they would probably go to jail. The white collar bankers and financiers who cost society billions during the GFC were rewarded and relocated to another high paid job.

But, back to Polanski.

In 1977, Polanski agreed to plead guilty to unlawful sexual intercourse. The presiding judge, Laurence Rittenband, was to decide Polanski's sentence after reviewing a report from the Probation Department and holding a hearing with attorneys for each side. All parties expected Polanski to get only probation.
According to a recent documentary, Los Angeles Deputy District Attorney David Wells, who was not involved in the case, intervened with Rittenband. Wells thought Polanski was being cavalier about the charges against him and should serve time for his misdeed. (Wells showed the judge photographs of Polanski partying in Munich with his arms around two young women who Wells claimed were underage.) Rittenband seemed to be convinced and suggested to Polanski's attorneys that he would send the director to prison and order him deported. At that time, Polanski fled.
While Wells was not himself an attorney of record in the case, he was a lawyer for one of the parties—the state of California. The California Code of Judicial Ethics (PDF) forbids judges to engage in ex parte communications—discussions where only one side is represented.

There is no question that Rittenband violated the ethics code. The question of whether his conversations with Wells are sufficient grounds for dismissal of the charges against Polanski is an open question. There is very little law on the subject to guide the judge who's now presiding over the case. Outright dismissal is an exceedingly rare remedy for ex parte communications, especially when the communications came after the plea agreement was reached. It's far more common for the plea agreement to stand, with a new judge brought in to preside over the sentencing. The original judge could also face sanctions. (Judge Rittenband is deceased, so there's a good chance the unethical contacts will have no impact.)
http://www.slate.com/articles/news_...009/09/whats_unlawful_sexual_intercourse.html

. :asian: