LA Times Polanski article: DA states Polanski would go directly to sentencing -

[old mark]

Maximum time would be 16 months, but legal experts believe the hearing would result in either the case being dropped for judicial misconduct or immediate probation. It is likely there will be a deal to drop the entire thing.

Sorry to disapoint all those srceaming for a life sentence or the death penalty. Ain't gonna happen.
From today's LA Times online.

mark

Added: See how many negatives I can get for this one.

[TexasObserver]

1. Those who think there might be life in prison will be disappointed.

I don't know if he'll serve any more time or not, but if he does, it won't be a lot of time, because that was the deal that was allegedly made decades ago.

[Statistical]

2. Isn't fleeing from justice a seperate crime.

Couldn't he be charged, tried, and convicted on that.

No it wouldn't be life in prison or death penalty but anyone thinking that is unhinged.

Might be an extra 3-5 years though.

[TexasObserver]

4. I agree. That's really is bigger exposure to prison time, IMO.

As you note, he could get a sentence for that several times longer than the sentence for the crime to which he pleaded guilty.

[SIMPLYB1980]

6. +1

[Hepburn]

19. IMO....

...it will be treated like an FTA on a traffic ticket. Combined with the original charge and in this case it will be done because the judge on the first case was a complete and total asshole and no one in the legal system really wants to associate him/her self with bullshit like that.

JMHO

[seabeyond]

24. how was he a total and complete asshole? nt

[Statistical]

30. A judge rejecting a plea bargin of time served (42 days) for rape is an asshole.

IMHO anyone agreeing that a plea of 42 days = justice for rape is an asshole.

The judge has the authority to reject a plea. At that point the rapist could either
a) go to trial
b) enter into another plea
c) hope DA drops charges due to insufficient evidence

if you pick:
d) flee to a non-extradition treaty country then you just committed ANOTHER crime.

Even if he is never sentenced for the rape he still committed a totally separate crime by fleeing justice.

[Hepburn]

38. Failure to appear is a separate offense....

...but it usually is no big deal under most circumstances. I don't know where you practiced law, but where I did ~~ L.A. County ~~ it usually is not separately charge under circumstances like or similar to the Polanski case. I will state Polanski is an unusual case, so I am having a hard time prediciting what the outcome will be. But based on my experience in the past, I have never seen in any case with which I am familiar any big deal made out of an FTA charge when the circumstances are after the FTA the defendant did not engage in any further criminal activity and led an examplary life. You are forgetting that one of the given purposes of incarcertaion is not merely punishment, but rehabilitation. If the FTA defendant has shown that, the court usually takes that into consideration on what is to be accomplished by the sentencing of the defendant.

I am stating what I found as an attorney in Los Angeles County for a lot of years. My partner was one of the major criminal defense players in the county ~~ so I am very familiar with what has gone on in the past.

[seabeyond]

3. i am not screamin for anything but the acknowledgement of rape and the

recognition that this man of money and power thumbed his nose at law. was protected by a govt that ignored rape of female.

i dont expect much else.

it will also close what has been opened a very long time and a world today that will see a rapist when thimking of his movies.

a hollywood that supports a rapist and their hypocrisy

all these things i think are vital today

[old mark]

7. Rape charges were dropped in '78 when he pled guilty to a very reduced charge.

They can't try him as his plea bargain is still in place.

Please read the article before you form the posse to lynch him.

mark

[seabeyond]

10. what an absurd post you made. lynch mob for recognizing rape, yet not requiring a rope?

how ridiculous you are.

you think i give a fuck that this man took the lesser of 6 charges and 5 dropped cause the girl did not take a stand.

rape it is

THAT is what i want publically recognized adn that is what is happening.

and you call that a lynch mob?

[LisaL]

14. Unless he withdraws the plea and asks for a trial.

[Hepburn]

20. Exactly....

...they cannot reinstate the other five original charges. The plea bargain stands.

[seabeyond]

23. exactly?

my post is lynch mob?

[SIMPLYB1980]

27. Really?

http://www.law.cornell.edu/rules/frcrmp/Rule11.htm

(5) Rejecting a Plea Agreement.

If the court rejects a plea agreement containing provisions of the type specified in Rule 11(c)(1)(A) or (C), the court must do the following on the record and in open court (or, for good cause, in camera):

(A) inform the parties that the court rejects the plea agreement;

(B) advise the defendant personally that the court is not required to follow the plea agreement and give the defendant an opportunity to withdraw the plea; and

(C) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.

[seabeyond]

31. since i never hear more than judge complete asshole, or draconioan sentence

i have to figure these people base their info off an infomercial documentary made by the very industry standing behind the rapist now.

[Hepburn]

34. Duh......

What the hell does that have to do with the state's ability to reinstate dropped charges?

PS: That's a feddie rule of Crim Pro you cited. If you are going to try and correct me, at least go to the right Calif PC statute, OK?

:eyes:

[SIMPLYB1980]

35. That's why I put the "?"

I hope the rapist spends the rest of his day's rotting in a jail cell, but I doubt that will happen a few years for fleeing justice would satisfy me though.

[Hepburn]

39. You feel that stat rape deserves a life sentence with no poss of parole?

Why? One of the purposes of incarcertation is also rehabilitation. What about the 60s radical bomber who escaped jail and nothing really happened to her because the court found that she had accomplished to rehabilitate herself and she presented no danger to the community.

So rapist should receive a harsher punishment? :shrug:

[SIMPLYB1980]

44. Yes.

http://www.thesmokinggun.com/archive/0720051polanski33.html

[Statistical]

32. The court is not required to accept the plea.

The DA & the rapist had an agreement.

The court = judge never accepted the plea formally.

So the new judge can either
a) accept the plea
or
b) reject the plea

If the judge rejects the plea THEN either
a) there will be a trial.
b) the DA and rapist will reach a new plea and it goes back to the judge.
c) the DA drops all charges due to lack of evidence & inability to get a conviction.

[Hepburn]

42. What the hell does that have to do with reinstating the other five charges...`

...that the DA dropped? You seem to think that because the court did not approve the one felony charge that the DA did bring ~~ stat rape ~~ that this puts everything back on the table.

Please disabuse yourself of that idea, OK? The DA has not made one move to re-charge on the original five charges which were dropped. The entire matter does NOT start all over again with all five charges.

[madokie]

5. I think by now he has given up his right to ever walk free again

Thats what I think.

[Hepburn]

21. You need to readjust your thinking, IMO. n/t

[Statistical]

33. Personally if someone raped my 13 year old child and then

went free he would get another form of justice and that is the kind that comes from the barrel of a gun.

[madokie]

40. And you know what you can do with that opinion, don't ya'

I'll take it that you do so I won't bother at this time to type it, mk :evilgrin:

[Devil Child]

8. No mercy for child rapists

Hopefully this rich and priveledged "artiste" will spend the maximum amount of time in prison allowed under sentencing guidelines.

[Heidi]

9. Link, please? (nt)

[Nye Bevan]

11. Nobody here has "srceamed" for the death penalty

5 years sounds about right to me.

[VMI Dem]

12. On the other hand, it makes all of you screaming for leniency for rapists happy.

[seabeyond]

15. wink. nt

[Hepburn]

28. And I have a problem with those of you screaming for a death sentence.

Your point? :eyes:

[LisaL]

13. Legal experts believe? They can believe all they want.

The article lists possible defense strategies. Whether the strategies would succeed or not is another story.

[seabeyond]

16. another thing i would like exposed is this misconduct. this absurd judge was gonna throw the book

i think it was a line for polanski defense. i think he ran cause judge wasnt going to let him have time served, but finish out is ridiculous lenient 90 days.

[alcibiades_mystery]

17. Polanski might do ten months

in Protective Custody at county lock-up.

I'd be surprised if it's anything more than that, and unsurprised if it's considerably less.

[Hepburn]

18. Where did you get the info?

The procedural aspects and other legal aspects of this case are fascinating to me ~~ I am a retired Cal Atty.

What I keep thinking about with all the screaming about Polanski are the cases involving 60s radicals who had done some pretty dangerous acts and have escaped justice for years. In one case the judge commented that the person had led an exemplary life, had done sustantial community volunteer work, the purpose of incarcertation was not merely punishment, but rehabilitation, and the judge saw no reason for any incarcertain ~~ the woman posed no threat to the community and she got some limited probation.

I really don't see any difference with those cases and Polanski. I do agree that the case will not be dismissed and most likely he will get probation based on the same reasoning which was applied to the one case I am thinking of, but cannot recall any name or names involved.

:hi:

BTW: Thank you for a reasonable and non-emotional discussion of this subject. Like I said in another thread ~~ some of us are very interested in this because of the legal issues.

[seabeyond]

22. i dont see it happening any differently. i am not interest in the legal

what i want out of it, i think has and will happen. i think that is about all i can ask for.

i agree, that they are going to look at it as you state.

[NashVegas]

25. I Imagine He'll Get Time Served for the Rape, And Some Fine For Fleeing Justice

And those who argued to diminish the atrocity of raping a scared, 13 year old kid will continue to insist the rest of us all recognize the charge of "unlawful sex with a minor." And we'll keep telling you to go fuck yourselves and the horses you rode in on.

[seabeyond]

29. recognize the charge of "unlawful sex with a minor."... but RAPE it will continue to be.

i hear ya. it is what it is

[jenniferj]

46. Hopefully even if he does get off lightly, he will never work

again....

[Statistical]

37. Agreed.

Just like jury sometimes finds someone "not guilty" it doesn't mean they are innocent it simply means that guilt could not be proven.

This man raped a child. He is a child rapist. He always was and always will be.

The circumstance of the crime made proving beyond a reasonable doubt difficult and the DA wimped out and took the safer lesser charge.

Despite his formally charges he is a child rapist. Nothing changes that.

[Hepburn]

41. I agree....

...he will get time served for the rape ~~ and in large part, IMO, this will be based on the fact that the court appointed evaluator at Chino rec'd this to the court. I don't think he is gonna get much on the FTA to appear for sentencing. That is pretty much a gut reaction...but part of it is that I think that the L.A. bench would like this to go away since the original judge was such a fucking embarassment.

JMHO

[seabeyond]

43. original judge was such a fucking embarassment.... how? not that we ever hear specifics

curious, interested and waiting in anticipation

[tammywammy]

26. Link? n/t

[Zywiec]

36. Why are you worried about the Unrecs?

Thanks to those, your thread is number two on the New And Hot list of greatest.

:rofl:

[aikoaiko]

48. attention seeking.

[paulsby]

45. i'm for imprisoning him

(for a year or two) as a matter of principle and policy

but rule of law takes precedence, so if the legal experts are right, from a process based analysis, i can't complain about polanski not facing jail time. iow, rule of law matters. process analysis matters far more than results analysis. rule of law often means a bad result. that's the way the cookie crumbles

iow, i want the prosecutor to do the right thing by the LAW, and if that means polanski goes free, so be it

[aikoaiko]

47. This must disappoint all those who think the rich/famous should not have to face sentencing...

...for sexual violence.

I raise your straw man with my own.

[rvablue]

49. Haven't seen one post calling for a life sentence or the death penalty

but I've seen many declaring this child rapist who fled the country must face justice.

Those who gloat and cheer the fact that he may not, baffle me.

[Heidi]

50. old mark, could you please provide a link? I searched the LAT and could find

no search article. I would never unrec a thread without having first read the referenced source.

[old mark]

51. I read the LA TImes article this morning via Google News - I don't have the link.

Unrec as much as you can - won't change the facts of the case.

I'm not the judge, DA or the Times.

mark