Polanski will fight extradition to the U.S., lawyer says

By Bradley S. Klapper and Onna Coray

Associated Press

Published: Tuesday, Sept. 29 2009 12:00 a.m. MDT

ZURICH — Imprisoned director Roman Polanski is in a "fighting mood" and will battle U.S. attempts to have him extradited from Switzerland to California to face justice for having sex with a 13-year-old girl in 1977, his lawyer said Monday.

An international tug-of-war over the 76-year-old director escalated Monday as France and Poland urged Switzerland to free him on bail and pressed U.S. officials all the way up to Secretary of State Hillary Clinton on the case.

Polanski was in his third day of detention after Swiss police arrested him Saturday on an international warrant as he arrived in Zurich to receive a lifetime achievement award from a film festival.

Authorities in Los Angeles consider Polanski a "convicted felon and fugitive." The director pleaded guilty to unlawful sexual intercourse in 1977 with a 13-year-old girl. He was sent to prison for 42 days and entered into a plea bargain. He fled to France on the day of his sentencing in 1978, aware the judge planned renege on the agreement and sentence him to more prison time.

Polanski has told Swiss officials that he will contest a U.S. request that he be transferred to the United States, attorney Herve Temime said in an e-mail. Temime said Polanski's legal team would try to prove that the U.S. request was illegal and that the Oscar-winning director should be released from Swiss custody.

"Taking into account the extraordinary conditions of his arrest, his Swiss lawyer will seek his freedom without delay," Temime said.

The lawyer said he was able to speak with Polanski from his Zurich cell and that the director was allowed to meet with his wife, French actress Emmanuelle Seigner.

"He was shocked, dumbfounded, but he is in a fighting mood and he is very determined to defend himself," Temime said.

Now a complicated legal process awaits all sides. While France expressed hope that Polanski would be freed shortly, Swiss officials said there would be no rash decision.

The Swiss Justice Ministry on Monday did not rule out the possibility that Polanski, director of such classic films as "Chinatown" and "Rosemary's Baby," could be released on bail under very strict conditions that he doesn't flee Switzerland.

Justice spokesman Guido Balmer said such an arrangement is "not entirely excluded" under Swiss law and that Polanski could file a motion on bail. But he said Switzerland's top criminal court would undertake a thorough examination of evidence before deciding on any request, and that would take time.

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