E-mails: US discussed nabbing Polanski in Austria
Cover of Chinatown (Special Collector's Edition)
GENEVA (AP) -- American prosecutors closely monitored Roman Polanski in Austria and considered seeking his arrest there days before the director's apprehension in Switzerland, documents obtained by The Associated Press show.
Los Angeles officials decided against filing a warrant for Polanski's arrest with the Austrian government after questioning how accommodating it would be to an extradition request. They also were concerned about the limited time available before Polanski left the country, according to e-mails obtained by the AP under U.S. public records request.
The e-mail exchange Sept. 23 came three days before Polanski traveled to Switzerland and was arrested Sept. 26 at Zurich's airport. It sheds new light on how closely U.S. officials were monitoring the 76-year-old director's movements after being tipped off that he was outside France, and why they chose to go after him in Switzerland, where they are now seeking his extradition for having sex in 1977 with a 13-year-old girl.
"I don't have experience with any Austrian extraditions so I don't know how 'friendly' they would be to extradition on such a case," Diana Carbajal, a Los Angeles deputy district attorney, wrote in an e-mail.
She wrote that Polanski had checked out of an Austrian hotel that morning and was "on the move" ahead of his scheduled appearance at the Zurich Film Festival on Sept. 26. With the little time available and questions over extradition, she asked whether it was better to "maintain our position to extradite from Switzerland."
Lael Rubin, another deputy district attorney, answered: "Yes."
Polanski had been in Austria as early as Sept. 16, when he attended the op! ening ni ght of his cult musical "Dance of the Vampires" in Vienna.
E-mails obtained by the AP show U.S. officials only learned of his upcoming trip to Zurich after the Swiss asked if Washington would be submitting a request for his arrest.
Swiss Justice Ministry spokesman Folco Galli said the Americans immediately confirmed they would seek Polanski's arrest. As a result, Switzerland was required by treaty to apprehend Polanski, the director of such film classics as "Rosemary's Baby" and "Chinatown."
It is unclear from the e-mails why Los Angeles officials were concerned about Austrian cooperation on a Polanski extradition request. There was no reference to Polanski's history as a Jewish Holocaust survivor whose mother died in Auschwitz, or the sensitivities about having him pursued in the land of Adolf Hitler's birth. Austria and the United States have an extradition agreement.
Still, U.S. officials expressed stronger confidence in the Swiss justice system.
"Generally, Switzerland does not release fugitives sought for extradition," a Sept. 25 e-mail states.
Later, on Oct. 5, nine days into Polanski's imprisonment, another e-mail states that the Swiss government had assured U.S. officials that Polanski would probably be sent back to Los Angeles to face justice after the U.S. submits its formal extradition request. The U.S. has until Nov. 26 to do so.
"While the Swiss officials cannot speak for the judge, the extradition will likely be ordered based upon the facts submitted in our papers," according to the e-mail, relaying a conversation between Washington and Bern.
Polanski, who won a 2003 directing Oscar in absentia for "The Pianist," was accused of raping the 13-year-old girl after plying her with champagne and a Quaalude pill during a modeling shoot in 1977. He was initially indicted on six felony counts, ! includin g rape by use of drugs, child molesting and sodomy.
Polanski pleaded guilty to the lesser charge of unlawful sexual intercourse. In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation. Polanski was released after 42 days by an evaluator but the judge said he was going to send him back to serve the remainder of the 90 days. Polanski then fled the country on Feb. 1, 1978, the day he was to be sentenced.
A French native who moved to Poland as a child, Polanski has lived in France since fleeing the United States. France does not extradite its citizens.
On Wednesday, Polanski's lawyers split on strategies, with one suggesting for the first time that Polanski might voluntarily return to the U.S. to face justice in California after 31 years as a fugitive.
The new approach emerged after a Swiss court dealt the 76-year-old filmmaker a major setback on Tuesday by rejecting his appeal to be freed from jail because of the high risk he would flee again. Polanski, who has until Oct. 29 to appeal that decision, faces lengthy detention if he is unsuccessful and continues to fight extradition.
"If the proceedings drag on, it's not completely impossible that Roman Polanski might decide to go explain himself in the United States, where there are arguments in his favor," one of his lawyers, Georges Kiejman, told Europe 1 radio.
But another Paris-based lawyer for Polanski said there had been no change in strategy.
"We continue to fight extradition, and for him to be free," Herve Temime told the AP.
2:10 PM | Labels: Adolf Hitler, Chinatown, Los Angeles, Pianist, Rosemary's Baby, Switzerland, U.S, United States | 0 Comments
Polanski lawyers split on possible surrender to US
GENEVA (AP) -- Lawyers for Roman Polanski split on strategies Wednesday, with one suggesting for the first time that Polanski ability voluntarily return to the U.S. to face justice in California for having sex with a 13-year-old girl.
Until now the position had been that the Oscar-winning director, who has been a avoiding for 31 years, would not surrender to U.S. authorities.
The new access emerged a day afterwards a Swiss cloister dealt the 76-year-old filmmaker a major setback by rejecting his absolution from jail because of the high risk he would flee again. Polanski, who has until Oct. 29 to appeal the decision, faces lengthy detention if he is bootless in the bail bid and continues to fight extradition.
"If the proceedings annoyance on, it's not completely impossible that Roman Polanski ability decide to go explain himself in the United States, where there are arguments in his favor," one of his lawyers, Georges Kiejman, told Europe 1 radio.
Kiejman could not be accomplished afterward to elaborate, but fellow Polanski advocate Herve Temime alone the abstraction that the director's legal team was now considering waiving extradition. Both lawyers are based in Paris.
Polanski has not set foot in the United States back beat sentencing in 1978. He did not alike return when he won the Academy Award in 2003 for directing "The Pianist."
"We continue to fight extradition, and for him to be free," Temime told The Associated Press in a telephone interview. "There is actually no change of strategy."
Beyond arduous the court's Oct. 19 bail denial, his legal team can submit a new proposal, possibly substituting a massive cash! agreeme nt instead of his Gstaad berth as security. They accept additionally unsuccessfully proposed some form of house arrest and cyberbanking monitoring as added altitude for his release.
The administrator of such blur classics as "Rosemary's Baby" and "Chinatown" was accused of raping the 13-year-old girl, afterwards plying her with champagne and part of a Quaalude pill during a modeling shoot in 1977. He was initially accusable on six abomination counts, including rape by use of drugs, child molesting and sodomy.
Polanski pleaded guilty to the bottom allegation of actionable animal intercourse. In exchange, the adjudicator agreed to drop the remaining accuse and book him to prison for a 90-day psychiatric evaluation. However, he was appear afterwards 42 canicule by an evaluator who deemed him mentally complete and unlikely to affront again.
The adjudicator responded by adage he was going to send Polanski back to jail for the butt of the 90 canicule afterwards which he would seek "voluntary deportation." Polanski then fled the country on Feb. 1, 1978, the day he was appointed to be sentenced to the additional time.
Polanski, a French native who confused to Poland as a child, has lived in France back beat the U.S. He was arrested on Sept. 26 as he arrived in Zurich to receive a lifetime accomplishment award from a blur festival.
Swiss admiral tipped the United States about Polanski's visit and set in motion his apprehension, according to abstracts acquired by the AP. On Wednesday, a top Swiss official dedicated the move.
Justice Ministry spokesman Folco Galli said the e-mails - acquired in Los Angeles by the AP under a U.S. public annal appeal - showed that Swiss admiral followed proper police procedure when a capital alone is expected in Switzerland.
"An arrest is a big operation," Galli told the AP. "If we apperceive a capital al! one is c oming, we always ask if the arrest warrant is valid."
According to the e-mails, the Swiss admiral beatific an urgent fax to the U.S. Office of International Affairs on Sept. 22 advertence Polanski was traveling to Zurich. The administrator was to be feted at a blur festival, and Swiss admiral capital to apperceive if the U.S. would be submitting a appeal for his arrest back he was the subject of an international law enforcement "Red Notice."
"The Americans immediately accepted that was the case," Galli said.
As a result, Switzerland was required by treaty to apprehend Polanski, he said.
Galli additionally addressed the nagging catechism of why authorities decided to go afterwards Polanski now, alike admitting he has been a frequent visitor to Switzerland. Unlike his antecedent visits, he said, Polanski's appearance this time was widely advertised, with the Zurich Film Festival announcement its upcoming accolade to the administrator on its Web site.
Several Swiss politicians and commentators accept argued that Switzerland may accept cooperated too energetically, and that recent U.S.-Swiss troubles over wealthy American tax cheats and Swiss banks may accept provided motivation for the arrest.
But Swiss authorities accept adamantly alone that suggestion.
After receiving the tip, U.S. federal admiral alerted the Los Angeles commune attorney's office, which immediately began drafting an arrest warrant.
Laura Sweeney, a backer with the U.S. Department of Justice, said she could not animadversion on any of the events leading up to Switzerland's fax to the United States.
Los Angeles commune advocate backer Sandi Gibbons said it was not unusual for her appointment to receive information on fugitives' whereabouts, but she beneath to animadversion further.
Pet! er Cosan dey, a above Zurich prosecutor, declared the warrant procedure as normal.
Dieter Jann, another ex-district attorney, agreed.
"It's actually accustomed for countries to exchange tips on capital people and to allure each added to take action," he said. "If it wasn't Polanski, everyone would anticipate this is right."
---
AP contributor Thomas Watkins in Los Angeles contributed to this report.
4:10 AM | Labels: Academy Award, Chinatown, Los Angeles, Pianist, Rosemary's Baby, Switzerland, U.S. Office of International Affairs, United States | 0 Comments
Swiss defend Polanski tipoff to US
Cover of Rosemary's Baby
GENEVA (AP) -- Swiss admiral angled off the United States and set in motion the arrest of administrator Roman Polanski aftermost month in his decades-old adolescent sex case, according to documents acquired by The Associated Press. On Wednesday, a top Swiss official defended the move.
Justice Ministry spokesman Folco Galli said the e-mails - acquired in Los Angeles by the AP under a U.S. public annal appeal - showed that Swiss admiral followed proper police action back a wanted individual is expected in Switzerland.
"An arrest is a big operation," Galli told the AP. "If we apperceive a wanted individual is coming, we always ask if the arrest warrant is valid."
According to the emails, the Swiss admiral sent an burning fax to the U.S. Office of International Affairs on Sept. 22 stating Polanski was traveling to Zurich. The administrator was to be feted at a blur festival, and Swiss admiral wanted to apperceive if the U.S. would be appointment a appeal for his arrest as he was the subject of an international law enforcement "Red Notice."
"The Americans anon confirmed that was the case," Galli said.
As a result, Switzerland was required by accord to apprehend Polanski, he said.
Galli additionally addressed the nagging question of why authorities decided to go afterwards Polanski now, even though the 76-year-old filmmaker has been a frequent company to Switzerland, area he owns an Alpine chalet. Unlike his antecedent visits, Polanski's appearance was widely advertised and that told authorities back and area he would arrive.
It took little sleuthing to figure out Polanski would be in Zurich - the blur anniversary had a We! b site a nnouncement its upcoming accolade to the administrator of "Rosemary's Baby," "Chinatown" and "The Pianist."
But several Swiss politicians and political commentators accept argued that Switzerland may accept cooperated too energetically, and that recent U.S.-Swiss troubles over affluent American tax cheats and Swiss banks may accept provided action for the arrest.
Swiss authorities accept adamantly alone that suggestion.
"We accept 20,000 warrant requests each year," Galli said, adding that this was the first time admiral had absolute details on the director's arrival and an official American appeal to arrest him.
After accepting the tip, U.S. federal admiral alerted the Los Angeles commune attorney's office, which anon began drafting an arrest warrant. E-mails appearance U.S. authorities learned on Sept. 23 that Polanski was in Austria but admiral doubted they could accumulate an arrest warrant before Polanski had moved on to Switzerland.
Polanski was arrested three canicule later as he accustomed in Zurich to accept a lifetime accomplishment award. He has been aggressive displacement anytime since and on Tuesday suffered a serious setback back Switzerland's top bent court alone his appeal to be appear from prison, citation the "high" accident that the administrator would try to abscond again.
Polanski's offers of bail, house arrest and cyberbanking monitoring failed to sway the Swiss tribunal. Even his chalet in the luxury resort of Gstaad was brushed abreast as insufficient accessory to guard adjoin Polanski fleeing the country, as the court noted that "the appellant has already already in 1978 eluded American bent proceedings by traveling to Europe."
A Sept. 25 e-mail from the Office of International Affairs to the Los Angeles commune attorney's appointment shows U.S. authorities seemed confident that Polanski would not be! release d.
"Generally, Switzerland does not absolution fugitives sought for extradition," the e-mail states. "The absence in Switzerland is that a fugitive will be bedfast until s/he is either extradited or determined by the Swiss Federal Supreme Court to be non-extraditable."
Laura Sweeney, a spokeswoman with the U.S. Department of Justice, said she could not comment on any of the contest leading up to Switzerland's fax to the United States.
"We don't comment on matters of displacement unless and until an individual is on U.S. soil," Sweeney said.
U.S. commune attorney spokeswoman Sandi Gibbons said it was not unusual for her appointment to accept information on fugitives' whereabouts, but she declined to comment further.
Polanski's lawyer, Herve Temime, additionally refused to altercate what Swiss initiation of the arrest ability mean for his client's attempts to be release.
But Peter Cosandey, a above Zurich prosecutor, said the revelation doesn't aid Polanski's case.
"This is accustomed procedure," Cosandey told The AP. "This additionally happened to me as prosecutor. The guy is traveling somewhere. You're asked, 'Are you looking for him. Do you still want to arrest him.'"
Dieter Jann, addition ex-district attorney, agreed.
"This changes absolutely nothing," he said. "It's absolutely accustomed for countries to barter tips on wanted people and to allure each added to booty action. If it wasn't Polanski, anybody would anticipate this is right."
Polanski was accused of plying a 13-year-old babe with champagne and part of a Quaalude pill during a clay shoot in 1977 and raping her. He was initially indicted on six felony counts, including rape by use of drugs, adolescent molesting and sodomy.
He pleaded guilty to the lesser charge ! of actio nable animal action and fled amidst a legal altercation over the length of his sentence.
Polanski has until Oct. 29 to appeal the accommodation on his release. He additionally can abide attempts to persuade the Swiss Justice Ministry to absolution him. More court proceedings are expected afterwards Washington files its academic displacement request, which it has until Nov. 25 to submit.
Legal experts said no path offered Polanski much achievement for a accelerated absolution from jail.
It is not bright how much time in jail Polanski faces now, either in Switzerland or in the United States. With appeals, the displacement process in Switzerland could booty months. In the United States, Polanski fled before sentencing was complete and is expected to face additional penalties for jumping bail.
---
Watkins contributed from Los Angeles.
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4:10 AM | Labels: Chinatown, Los Angeles, Pianist, Rosemary's Baby, Switzerland, U.S. Department of Justice, U.S. Office of International Affairs, United States | 0 Comments
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