Roman Polanski, remains on house arrest secured by a $4.5-million bond.
However, the Swiss Ministry’s deputy director said that a decision on Polanski’s case would not be made until courts in California had a definitive ruling on whether the director could be sentenced without returning to the U.S. Currently, such an issue is not pending before any California court, although Polanski’s legal team has said they will appeal a lower court judge’s refusal last month to sentence him in absentia.
As a result of these comments it seems that the timeline governing when the conclusion of Polanski’s case will depend on how long Polanski’s U.S. attorneys — and Los Angeles County prosecutors — pursue various appeals.
The U.S. Department of Justice has not commented on the status of the extradition request other than to say that the case is still pending.
Article 7 of the U.S.-Government of the Swiss Confederation Extradition Treaty states that if a person whose extradition has been requested was convicted in absentia, the Executive Authority of the United States and the Requested State may refuse extradition unless the Requesting State gives such assurances as the Requested State considers sufficient to safeguard the rights of defense of the person sought.
More information available on this case via the Los Angeles Times here.
Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at email@example.com or at one of the offices listed above.