Court nixes Polanski's bid to dismiss case

Published: Friday, April 23 2010 12:00 a.m. MDT

LOS ANGELES — An appeals court on Thursday denied Roman Polanski's latest attempt to end his decades-old sex case, a move that could set the stage for the fugitive director's return to the United States.

The California 2nd District Court of Appeal denied Polanski's petition to appoint a special counsel to investigate misconduct in the director's case based on new information. His attorneys had also been asking for the director to be sentenced in absentia to time served.

The appeals court did not issue an opinion in the case.

The court's decision not to revisit Polanski's case came hours after it denied a request by Polanski's victim, Samantha Geimer, to have the case dismissed.

Swiss authorities have said they were awaiting the decision by the court on Polanski's appeal before deciding whether to extradite the "Rosemary's Baby" director. He is under house arrest in the luxury resort of Gstaad.

Polanski was accused in 1977 of plying Geimer, then age 13, with champagne and part of a Quaalude pill, then raping her at Jack Nicholson's house.

Polanski was indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty to one count of unlawful sexual intercourse.

Authorities are seeking Polanski's extradition from Switzerland so he can be sentenced on the charge. The Academy Award-winning director fled the United States on the eve of sentencing in 1978.

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