Polanski's attorney is to ask a Superior Court judge to rule that the director fulfilled his time behind bars in 1977 when the case to light.
The almost 40-year-old court case centers on six felony counts from 1977 counts for the drugging and rape of a 13-year-old girl. But he fled to Europe the night before the formal sentencing out of concerns the judge was reneging on a deal agreed to by prosecutors.
The National Post state that Braun asked the judge to consider Polanski's 42 days in a California jail and the approximately 300 days in custody in a Swiss jail when he was detained during extradition proceedings back in 2009 as the director effectively serving his sentence. Braun said that Polanski is "willing to come in" for a sentencing, but first wants assurances that he will not face additional time in custody.
His case, which was never concluded, is being revisited because the director, 83, wishes to return to the US, and is pursuing a verdict that would guarantee he would not serve further jail time.
But when Fidler made it clear that Polanski's sentencing would be held in open court, prosecutors said Polanski became fearful of the media attention and backed out. Judge Dariusz Mazur wrote a 200-page opinion detailing the failures of the American justice system in the case and calling efforts to extradite Polanski for a full trial "obviously unlawful". The Oscar victor has since fought US extradition efforts in Poland, Switzerland, where he spent 300 days in custody, and France, where he now lives.
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Polanski, Los Angeles district attorney Jackie Lacey wrote in the filing, "wants answers -- but will only show up if he likes the answers". The nearly 40-year-old sexual assault case against the director was set to be revived in court Monday.
The Los Angeles county district attorney's office objected to the request, saying it fell into a pattern of Polanski asking for special treatment. At the time, Polanski pled guilty to unlawful sexual intercourse with the minor, but fled while awaiting punishment and has not returned to the U.S. since.
Braun won't argue the merits of the original case - or whether Rittenband's allegedly promised sentence was fair - but he will defend that "the court should be bound by its promise".
Media at the packed hearing reported Gordon seemed skeptical of Braun's arguments, and he noted that numerous issues raised during the 45 minutes of arguments had been litigated before, according to Variety and Deadline.com. Polanski was married to Sharon Tate - one of the victim's of Charles Manson's cult in a string of gruesome murders in California in 1969. That attempt failed when another judge agreed with the district attorney that Polanski would have to come back to the USA if he wanted his request to be heard.
Polanski's legal troubles have not hurt his career in Hollywood despite his inability to actually travel to Hollywood: He won the Oscar for best director for his 2002 film The Pianist and was nominated for 1979's Tess.