LOS ANGELES — A California appeals court will listen to oral arguments from Roman Polanski's attorneys about why it should require a lower court to decide whether to dismiss charges against the fugitive director, whether he is present or not.
Polanski in July appealed a Los Angeles Superior Court judge's decision not to dismiss the criminal case because the director didn't appear for a hearing. The California Second District Court of Appeal on Monday set oral arguments for Dec. 10.
Los Angeles authorities have considered the Oscar-winning director a fugitive since he fled the United States in February 1978 just before he was to be sentenced for unlawful sexual intercourse with a 13-year-old girl.
The appeal was filed before Polanski's arrest in Switzerland on Sept. 25. He has resisted efforts to return him to Los Angeles. Extradition paperwork filed by U.S. authorities states the maximum sentence that Polanski, 76, faces is two years in prison.
Polanski's French attorney has filed a new bail offer with Swiss authorities in an attempt to free the Oscar-winning filmmaker.
Lawyer Herve Temime said the offer Monday includes "adequate guarantees" that Polanski will not flee justice if released. Polanski is awaiting a decision on extradition to the United States.
Switzerland's Justice Ministry rejected a bail offer Friday, considering Polanski a high flight risk. They noted it was not a cash offer.
Temime said Sunday the new offer would include a "very, very significant" cash amount, but he gave no further details Monday.
The California appellate court's decision to schedule oral arguments came 10 days after prosecutors and Polanski's attorneys filed supplemental briefs on why the appeal should either be heard or dismissed.
Prosecutors have consistently argued that Polanski needs to be present for the judge to consider whether to dismiss the case against him. They argued the appeal should be barred by Polanski's status as a fugitive, and that his arrest has rendered the case moot since there is now a chance that he will be returned to the United States.
Polanski's attorneys, however, argued his status as a fugitive shouldn't disqualify his appeal. The Superior Court judge should be required to decide whether to dismiss the case because of a judge's misconduct in handling Polanski's original criminal case, they stated in court filings.
They also contend that because of the previous misconduct, Polanski should not have to attend the hearing.
Polanski's victim, Samantha Geimer, has repeatedly asked for dismissal of the charges against Polanski. Her attorney filed a declaration in the appeals case last month, stating that the case's re-emergence has caused her undisclosed health issues and problems at her workplace.
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Monday, December 28, 2009
Tuesday, December 15, 2009
Authorities release details in case of Pomona man linked to three killings
A Pomona man charged in connection with a September gang killing and linked to two additional killings is expected to be arraigned on murder charges this morning.
Robert Louis Caballero, 32, had been charged Oct. 30 in connection to the Sept. 29 shooting death of Armando Vidana, 25, of Pomona, and a warrant was issued for his arrest.
In the hours after Caballero was arrested Saturday by Pomona police, investigators learned the locations of two additional victims whose killings are believed to be tied to Caballero, said Steve Whitmore, spokesman for the Los Angeles County Sheriff's Department.
"We do believe they're related," Whitmore said.
Authorities identified the two additional victims as El Monte native David Arthur Padilla Jr., 29, whose body was found under a Chino freeway overpass, and 32-year-old Lorraine Minjarez of Covina. Minjarez's body was buried along Mt. Baldy Road in the San Gabriel Mountains.
Multiple police sources declined to specify how authorities learned of the two additional victims.
Vidana was shot multiple times after 3 a.m. Sept. 29 in the 600 block of Illinois Street and later died at a local hospital.
Investigators linked Caballero to the shooting after witnesses told police that prior to Vidana's death, Caballero told people he was going to kill him, Deputy District Attorney Bjorn Dodd said.Caballero and Vidana were members of rival gangs, and Caballero's motive in the killing was related to the gang rivalry, Dodd said.
Three days after the killing, on Oct. 2, police located Caballero and his girlfriend, 20-year-old Jessica Renee Prendiz of Pomona, Dodd said.
Caballero and Prendiz ran from police, and as they fled Prendiz discarded the weapon allegedly used to kill Vidana, Dodd said.
Prendiz was later captured and has been charged with an accessory to murder after the fact. She remains jailed in lieu of $500,000 bail and is next due in Pomona Superior Court on Nov. 24.
At about 1 a.m. Saturday, Pomona police attempted to stop a car for a routine traffic violation in the area of Holt Avenue and Reservoir Street, according to a police news release.
The driver, who was Caballero, led officers on a brief pursuit into Montclair. His silver Dodge Charger crashed into a light pole at Pradera Avenue and Granada Street. He attempted to flee on foot before he was arrested, police said.
Source
Robert Louis Caballero, 32, had been charged Oct. 30 in connection to the Sept. 29 shooting death of Armando Vidana, 25, of Pomona, and a warrant was issued for his arrest.
In the hours after Caballero was arrested Saturday by Pomona police, investigators learned the locations of two additional victims whose killings are believed to be tied to Caballero, said Steve Whitmore, spokesman for the Los Angeles County Sheriff's Department.
"We do believe they're related," Whitmore said.
Authorities identified the two additional victims as El Monte native David Arthur Padilla Jr., 29, whose body was found under a Chino freeway overpass, and 32-year-old Lorraine Minjarez of Covina. Minjarez's body was buried along Mt. Baldy Road in the San Gabriel Mountains.
Multiple police sources declined to specify how authorities learned of the two additional victims.
Vidana was shot multiple times after 3 a.m. Sept. 29 in the 600 block of Illinois Street and later died at a local hospital.
Investigators linked Caballero to the shooting after witnesses told police that prior to Vidana's death, Caballero told people he was going to kill him, Deputy District Attorney Bjorn Dodd said.Caballero and Vidana were members of rival gangs, and Caballero's motive in the killing was related to the gang rivalry, Dodd said.
Three days after the killing, on Oct. 2, police located Caballero and his girlfriend, 20-year-old Jessica Renee Prendiz of Pomona, Dodd said.
Caballero and Prendiz ran from police, and as they fled Prendiz discarded the weapon allegedly used to kill Vidana, Dodd said.
Prendiz was later captured and has been charged with an accessory to murder after the fact. She remains jailed in lieu of $500,000 bail and is next due in Pomona Superior Court on Nov. 24.
At about 1 a.m. Saturday, Pomona police attempted to stop a car for a routine traffic violation in the area of Holt Avenue and Reservoir Street, according to a police news release.
The driver, who was Caballero, led officers on a brief pursuit into Montclair. His silver Dodge Charger crashed into a light pole at Pradera Avenue and Granada Street. He attempted to flee on foot before he was arrested, police said.
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