Arguments are set for December 10 in California’s 2nd District Court of Appeal.
Polanski had pleaded guilty to a single count of having unlawful sexual intercourse with a minor, acknowledging he had sex with a 13-year-old girl. But he fled to Europe in 1978, before he could be sentenced.
Ironically, the legal effort to have the case dismissed may have led to the arrest of Polanski, 76, by Swiss authorities.
A 2008 documentary film, Roman Polanski: Wanted and Desired, raised questions about the case, specifically the motives and actions of the judge, the late Laurence J Rittenband. The Emmy-winning film suggested that Rittenband acted inappropriately by consulting a prosecutor not assigned to the case.
It was those revelations that led Polanski’s legal team to seek a dismissal in December 2008. His attorneys alleged that the Los Angeles district attorney’s office was avoiding the extradition of Polanski so that it could not be held accountable for the allegations of prosecutorial and judicial misconduct.
The language in two July filings by Polanski’s attorneys, observers say, may have been the impetus behind his arrest. — CNN.