My words for Judge Gordon

Your Honor, Thank you for the opportunity to address you today.

As you may know, I am deeply disappointed that Mr. Polanski has been unable to resolve his unfortunate legal situation with the State of CA in a mutually agreeable manner.

For 40 years I have suffered insults and mistreatment beginning with Judge Rittenband when I was only 14 years old and continuing until most recently when former District Attorney Steven Cooley insulted my integrity and character. This has been intensified by relentless pursuit from members of the media, terrifying my family and forcing me into hiding.  I stand before you, no longer afraid and with hope that you will consider my plea for justice and relief.

Without dismissing Mr. Polanski’s shared responsibility for the forty year ordeal that Judge Rittenband and the District Attorney’s office have forced upon me, I would implore you to consider taking action which can finally bring this matter to a close as an act of mercy to myself and my family.

I was raised in Pennsylvania as a proud American and patriot, my father was a State Rep and a criminal defense attorney.  I have the utmost respect for our justice system, it is a foundation of our constitution and our freedom.  At 14 years old, while my parents tried to shield me from the ugliness of what was occurring all around me, I was still acutely aware that this is not the way our justice system is meant to work.  I am not speaking on behalf of Roman, but on behalf of equal justice under the law.

First, I would ask you to consider sentencing Mr. Polanski to time served in absentia.  Roger Gunson, Lawrence Silver and Douglas Dalton all state that the time Roman served in Chino was to be his entire sentence.  I do not believe anyone involved in this case would disagree with that fact, or that Judge Rittenband reneged on his promise of that sentence, and further, considering only his own reputation, planned to sentence Mr. Polanski to an indeterminate sentence lasting until the media interest waned, again, on an in chambers verbal promise.  At the very least recall the international warrant which as been denied by the respected Courts of Switzerland and Poland, in part because they contain false and misleading information.

Alternatively, you could unseal the testimony provided by Roger Gunson and compel the District Attorney to investigate the misconduct that occurred in this case.  I do not believe that Mr. Polanski’s presence need be a precursor for District Attorney Lacey to do her job, regardless of her distaste for investigating those from her own department, and the use of the Fugitive Disentitlement Doctrine in order to avoid investigating a potential crime.

The Opinion of the Court of Appeal in 2009 states, “The Fugitive Disentitlement Doctrine, however much it may advance legitimate policies, is not an automatic rule but a discretionary tool of the courts, that may only be applied when the balance of all equitable concerns leads the court to conclude that it is a proper sanction for a party’s flight.  The doctrine is a blunt weapon, not appropriate in every matter in which a party has fled criminal prosecution.” Further, “We are disturbed by the district attorney’s refusal in the briefing submitted to this court to address or consider what appears to be an admission by a former member of the district attorney’s office that he: engaged in highly improper ex parte communications with a judge about a pending matter; recommended the misuse of a sentencing tool as a punishment; deliberately provoked the judge against a defendant based on a newspaper photograph and no further information; and pursued a personal agenda against a defendant.  Such profoundly unethical conduct, if proven to be true, strikes at the heart of the prosecutor’s role as a guardian of systemic integrity.   I believe that an investigation of the alleged misconduct would provide Mr. Polanski and myself with the relief we desire.

Last, consider the dismissal of the case in light of the facts which are known at this time, as a way to expedite a conclusion to a 40 year sentence which has been imposed on the victim of a crime as well as the perpetrator.

My Mother and Grandmother, my father, step father, husband and my 3 sons have endured terror that has faded to fear, and panic that has faded to anxiety, never knowing when or where they may be forced to face this unfairly unending case.  I know Romans family has suffered as well.  We are human beings, not wins and losses.

I now have become a grandmother.  I implore you to consider that now a 5th generation of my family may be unfairly burdened and resolve this matter without the spectacle of arresting and incarcerating an 83 year old defendant for the benefit of the egos involved in this case.  I do not want to have to explain to my granddaughter why she can’t go outside, or answer the phone, or why there are camera crews outside our home, and eventually what happened to her Nana in 1977.

Justice is not only about punishment, it is about equity and consideration.  I have endured the pendency of this case for over 40 years.  I am not a fugitive, I am not disentitled, therefore I move that this matter be dismissed in the interest of justice and fairness for the victim.

Please consider my words.  Thank you for your kind consideration.