Court rejects Polanski move to have case dismissed

By ANTHONY MCCARTNEY Associated Press Writer

LOS ANGELES (AP) - A California appeals court has rejected Roman Polanski's bid to have his sex case dismissed.

The California 2nd District Court of Appeal announced Monday it had denied the petition, with justices saying they are "deeply concerned" about the alleged misconduct.

"We encourage all participating parties to do their utmost to ensure that this matter now draws to a close in a manner that fully addresses the issues of due process and fundamental fairness raised by the events of long ago," the court's opinion stated.

Attorneys for the fugitive director argued earlier this month that misconduct in the case was grounds for dismissal of a charge of having unlawful sex with a minor. They also contended Polanski didn't need to be present to argue for dismissal.

The court disagreed on both issues.

"The passage of more time before this case's final resolution will further hamper the search for truth and the delivery of any appropriate relief, and it will also prolong the agony that the lack of finality in this matter continues to cause Samantha Geimer," the opinion states.

Polanski fled the United States in 1978 on the eve of sentencing. He pleaded guilty to one count of unlawful sexual contact with a minor.

He remains under house arrest at his Swiss chalet.

A spokeswoman for the Los Angeles District Attorney's office had no immediate comment on the ruling. She said attorneys were still reading through the 70-page opinion.

A message was left with Polanski attorney Chad Hummel.