Sept. 28, 2009 : The Roman Polanski arrest

>> Emily: WHEN WE CONTINUE, THE

EXTRADITION CASE OF DIRECTOR

ROMAN POLANSKI.

>> Emily: DIRECTOR ROMAN

POLANSKI WAS ARRESTED IN EUROPE

THIS WEEKEND, PICKED UP ON A

30-YEAR-OLD CHARGE FOR HAVING

SEX WITH A 13-YEAR-OLD GIRL.

HE FLED THE UNITED STATES IN

1978 WHEN HE THOUGHT HE WOULD BE

IMPRISONED AND HAS SUCCESSFULLY

AVOIDED EXTRADITION.

>> DIRECTOR ROMAN POLANSKI WAS

ARRESTED IN SWITZERLAND THIS

WEEKEND AS U.S. AUTHORITIES HOPE

TO HAVE HIM EXTRADITED HERE.

HE FLED THE UNITED STATES IN

1978 JUST BEFORE HIS SENTENCING

FOR A CONVICTION OF HAVING SEX

WITH A 13-YEAR-OLD GIRL.

SHE HAS LONG EXPRESSED

FORGIVENESS.

>> HE WAS SCARED.

>> APATHY NOW ABOUNDS IN THIS

CASE ESPECIALLY IN EUROPE WHERE

THE 76-YEAR-OLD POLANSKI WAS

ARRESTED EN ROUTE TO RECEIVE A

LIFETIME ACHIEVEMENT AWARD.

>> AS A SWISS FILM MAKER I FEEL

DEEPLY ASHAMED BECAUSE

MR. POLANSKI WAS SUPPOSED TO BE

HONORED THIS EVENING.

>> POLANSKI HAD BEEN A

CELEBRATED DIRECTOR IN

HOLLYWOOD, GATHERING

CONSIDERABLE NOTICE FOR THE 1968

THRILLER "ROSEMARY'S BABY."

>> WE'RE YOUR FRIENDS, ROSEMARY.

THERE IS NOTHING TO BE AFRAID

OF, ROSEMARY, HONESTLY AND TRULY

THERE ISN'T.

>> A YEAR LATER HE ATTRACTED

CONSIDERABLE SYMPATHY WHEN HIS

WIFE SHARON TATE WAS MURDERED BY

THE MANSON FAMILY.

HE RECOVERED WITH "CHINATOWN."

CHINATOWN EARNED 11 ACADEMY

AWARD NOMINATIONS BUT THE FILM

MAKER'S U.S. CAREER ENDED THREE

YEARS LATER WHEN HE WAS ARRESTED

FOR THE ASSAULT AT CHINATOWN

STAR JACK NICHOLSON'S FILM WHEN

THE ACTOR WAS AWAY.

HE DIRECTED "THE PIANIST" WHICH

EARNED HIM A BEST DIRECTOR OSCAR

IN 2003.

THROUGH IT ALL, POLANSKI HAS HAD

SIGNIFICANT SUPPORT INCLUDING

FROM ACTOR HARRISON FORD WHO

DELIVERED THE DIRECTOR HIS

OSCAR, AND NOW HIS FRIENDS ARE

LEGION AS EVER.

>> THE LAWYER WHO IS THE ONLY

PERSON WHO CAN SPEAK FOR HIM

SAID HE DIDN'T LOSE HIS HUMOR

WHICH IS ALREADY A GOOD THING,

YOU KNOW, HE'S A STRONG PERSON.

>> THAT STRENGTH WILL SOON BE

TESTED.

>> Emily: WITH ME NOW ARE

VALERIE ETS OF SUFFOLK

UNIVERSITY LAW SCHOOL, TY BURR,

A FILM CRITIC WITH "THE BOSTON

GLOBE" AND DAVID KLEILER, A

LOCAL FILM MAKER.

HE HAS A HOUSE IN SWITZERLAND.

HE HAD BEEN IN AND OUT OF THE

COUNTRY.

FRANCE APPARENTLY DIDN'T HAVE

THE SAME AGREEMENT, BUT THEY

COULD HAVE.

WHY DIDN'T THEY?

>> FRANCE HAS AN EXTRADITION

TREATY WITH THE UNITED STATES

BUT UNDER THE TERMS OF THEY DO

NOT HAVE TO EXTRADITE THEIR OWN

CITIZENS.

POLANSKI IS A FRENCH CITIZEN.

NOW, AS YOU SAID, AS FAR AS WE

KNOW HE WENT IN AND OUT OF

SWITZERLAND A NUMBER OF TIMES,

SO THE QUESTION COMES WHY NOT

USE THE SWISS EXTRADITION

TREATY.

SWITZERLAND IS PART OF A TREATY

KNOWN AS THE SHENGEN TREATY --

THE NAME OF A TOWN IN LUXEMBOURG

WHERE THE TREATY WAS SIGNED

WHERE ALLEGEDLY IF YOU ARE PART

OF THIS AREA YOU DON'T HAVE TO

SHOW YOUR PASSPORT WHEN YOU GO

IN AND OUT OF A COUNTRY SO WHEN

HE WOULD BE GOING FROM FRANCE

INTO SWITZERLAND TO GO TO HIS

HOLIDAY HOME, HE WOULDN'T HAVE

TO SHOW A PASSPORT SO IT MAY BE

THAT THE SWISS AUTHORITIES

SIMPLY DIDN'T KNOW WHEN HE WAS

COMING.

>> Emily: THAT'S INTERESTING.

AS YOU KNOW, TY, THERE ARE

REALLY TWO CAMPS ON THIS WHOLE

STORY -- THERE IS THE HANG HIM

HIGH CROWD AND THE OTHER FORGET

THE WHOLE THING, HE'S SUFFERED

SO MUCH IN HIS LIFE WITH HIS

PARENTS IN THE HOLOCAUST, HIS

WIFE AND CHILD MURDERED IN 1969

AND THEN HIS CRITICAL ACCLAIM

FOR ALL THESE MOVIES.

WHERE DO YOU STAND ON IT?

>> I STAND WITH A FOOT IN BOTH

CAMPS.

HE IS A BRILLIANT FILM MAKER WHO

DID A HORRIBLE THING AND HE

ACKNOWLEDGES HE DID A HORRIBLE

THING -- YOU KNOW, IT WAS -- IN

NO WAY WAS IT CONSENSUAL.

THE WOMAN HAS GONE ON RECORD AND

EXPLAINED EXACTLY WHAT HAPPENED.

ON THE OTHER HAND, THERE IS SO

MUCH CONTEXT TO LOOK AT THIS

FROM -- YOU KNOW, IN HOLLYWOOD,

IN THE FILM INDUSTRY, THERE IS A

LONG HISTORY OF MEN IN POWER

TAKING ADVANTAGE OF YOUNG WOMEN

SEXUALLY.

HE'S NOT THE FIRST PERSON TO DO

THIS.

HE WAS CAUGHT, WHICH DOESN'T

EXCUSE WHAT HE DID, BUT YOU DO

NEED TO BRING SOME CONTEXT TO

IT.

IT'S 30 YEARS SINCE IT HAPPENED.

HE HAD BEEN THROUGH THE U.S. --

THE LOS ANGELES LEGAL SYSTEM AND

HAD ACCEPTED A PLEA BARGAIN AND

HAD DONE SOME TIME AT A

PSYCHIATRIC EVALUATION UNIT.

AND THEN A JUDGE, WHO APPARENTLY

WAS INTERESTED IN PUBLICITY AND

HAD AN AX TO GRIND AGAINST HIM

BASICALLY RENEGED ON THE DEAL

WHICH IS WHAT CAUSED POLANSKI TO

FLEE IN THE FIRST PLACE.

30 YEARS LATER THE VICTIM

HERSELF HAS FILED SUIT TO

DISMISS THE CASE.

>> Emily: DAVID, WHEN YOU TALK

ABOUT THIS ASPECT OF ROMAN

POLANSKI'S LIFE IN YOUR COURSE

HOW DO YOU POSITION THIS?

DO YOU COME DOWN ON THE SIDE OF

HE GOT AWAY WITH IT?

>> I CERTAINLY DON'T COME TO THE

HE GOT AWAY WITH IT AND HAVE A

FEELING HE'S A VERY COMPLEX

CHARACTER.

YOU ALLUDED TO THE HOLOCAUST

SITUATION -- HE'S GONE THROUGH

THESE THINGS -- NOT THE

HOLOCAUST, THE SHARON TATE THING

BUT BECAUSE HE LIKED BEING IN

THE LIMELIGHT, HE BROUGHT SOME

OF THIS STUFF ON HIMSELF, NOT

JUST WITH THE JUDGE IN THE CASE

BUT POLANSKI LOVED THE CULTURE

OF CELEBRITY HE HAD DURING THAT

PERIOD OF TIME.

HE'S A COMPLEX MAN, BUT HE SHOWS

IN HIS FILMS -- I'M SORT OF AN

OLD TOURIST, I BELIEVE IN THE

DIRECTOR AND LIKE HERE IS THIS

MAN WHO, IN FILM AFTER FILM

DEALS WITH PEOPLE WHO ARE

ALIENATED FROM THEIR IMMEDIATE

ENVIRONMENT AND HE'S DONE THAT

TO HIMSELF IN THIS CASE.

THE FIRST FILM HE MADE AFTER HE

FLED THE COUNTRY WAS A FILM

CALLED "THE TENANT" WHERE HE IS

THE STAR OF THE FILM, A MAN WHO

IS UTTERLY ALIENATED FROM HIS

ENVIRONMENT AND I HAVE WATCHED

THAT FILM WITH -- IT'S A GOOD

HORROR FILM WITH A LOT OF PAIN

AND I JUST CAN'T --

>> IN THE MOVIE, HE DOES IT TO

HIMSELF.

HE'S HIS OWN WORST ENEMY AND I

THINK THAT'S A REFLECTION OF

WHERE HE'S COMING FROM AS WELL.

>> I THINK THAT'S TRUE, AND SO

THERE IS -- I'VE GOT A DIFFERENT

WAY OF BEING A FOOT IN BOTH

CAMPS -- BUT PART OF ME SAYS IT

HAPPENED OVER 30 YEARS AGO.

I MEAN -- IT'S LIKE GEVERE IN

"LES MISERABLES" AND THE WOMAN

HAS SAID "JUST DROP IT."

>> THE PART THAT STRIKES ME, "I

DARE YOU TO" -- THE L.A. COUNTY

PROSECUTOR'S OFFICE --

APPARENTLY HIS LAWYERS HAD

TAUNTED THEM SOMEWHAT BY SAYING

-- HE WAS TRYING TO GET THE

THING DISMISSED A YEAR AGO LAST

SUMMER, I THINK IT WAS -- AND

HIS LAWYERS MADE THE COMMENT AT

THE TIME, "THEY'VE NEVER EVEN

TRIED TO GET HIM," SO THIS IS --

IS IT PUNITIVE, DO YOU THINK, AT

THIS POINT THAT THEY WENT AFTER

HIM, THEY KNEW HE WAS GOING TO

ACCEPT THIS AWARD IN SWITZERLAND

AND THEY SAID, "AH-HAH" -- BY

THE WAY, WHAT HAPPENS NOW IF HE

REFUSES EXTRADITION, WHAT

HAPPENS?

>> TWO QUESTIONS.

FIRST, THE MOTIVATION OF THE

CALIFORNIA PROSECUTOR'S OFFICE,

I DON'T KNOW.

THEY SAID THAT THEY HAD ON

SEVERAL OCCASIONS WHEN THEY HAD

HEARD THAT HE WAS GOING TO A

COUNTRY WITH WHICH WE HAVE AN

EXTRADITION TREATY, THAT THEY

HAD BEEN READY TO BRING

PROCEEDINGS, BUT THEN SOMEHOW OR

OTHER, POLANSKI GOT WIND OF THE

FACT THAT THIS MIGHT HAPPEN AND

THEY SAID HE DIDN'T GO TO THE

PARTICULAR COUNTRY.

NOW, OF COURSE, WHEN THERE WAS

ALL THIS PUBLICITY THAT HE WAS

GOING INTO SWITZERLAND TO

RECEIVE THIS AWARD, I THINK

MAYBE THEY FELT, WELL, IF EVER

GOING TO DO IT WE HAVE TO DO IT

NOW."

WITH RESPECT TO WHAT'S GOING TO

HAPPEN NOW, OF COURSE, I AM SURE

HE'S GOING TO FIGHT THE

EXTRADITION -- HE HAS THE RIGHT,

UNDER THE TREATY, TO WAIVE

EXTRADITION, BUT I'M SURE HE'S

GOING TO FIGHT IT -- HE SEEMS TO

BE FIGHTING IT -- HEEL BE

FIGHTING IT ON TWO CONTINENTS

BECAUSE THERE IS -- HE WILL BE

FIGHTING IT ON TWO CONTINENTS

BECAUSE THERE IS A SERIES OF

CASES IN CALIFORNIA WHERE HE'S

CLAIMING PROSECUTORIAL

MISCONDUCT.

>> Emily: IT SEEMS LIKE, TY, HE

CAME BACK HERE, I'M NOT HIS

LAWYER, BE EXTRADITED THAT HE

WOULD WIN IN THE COURT OF

POPULAR OPINION, AT LEAST, HERE

AS WELL AND IF HE COULD PROVE

THAT THE JUDGE WAS SEEKING

PUBLICITY -- I GUESS THE JUDGE

HAS SINCE DIED -- IF HE COULD

SOMEHOW PROVE THAT THE GUY WAS

OUT TO MAKE HIMSELF A NAME,

WOULDN'T THE CASE BE DISMISSED?

>> I AGREE, IT MIGHT BE THE BEST

THING FOR HIM.

>> Emily: YEAH.

>> EVERYBODY'S BEEN WAITING FOR

THIS SHOE TO DROP AND HE'S NOT

GETTING ANY YOUNGER AND THIS WAS

BOUND TO HAPPEN, AND IT WOULD BE

-- MAKE SENSE FOR HIM TO COME

HERE, RESOLVE IT, SINCE A

DOCUMENTARY CAME OUT A COUPLE OF

YEARS AGO THAT REALLY LAID OUT

THE FACTS OF THE CASE AS --

ESPECIALLY REGARDING THIS JUDGE,

I THINK A LOT OF SYMPATHY HAS

SHIFTED TO POLANSKI AND AS THE

VICTIM HAS GONE PUBLIC WITH HER

SIDE OF THE STORY, PEOPLE ARE

SEEING IT IN ITS LARGER

DIMENSIONS.

AT THE SAME TIME, I THINK HE

FEELS LIKE HE HASN'T BEEN DONE

FAIRLY, ONCE, BY THE U.S. LEGAL

SYSTEM IN THIS CASE AND WHAT

REASON IS -- WHAT REASON IS

THERE FOR HIM TO COME BACK AND

TO TAKE A CHANCE AT IT ONLY TO

HAVE IT -- YOU KNOW, TURN

AGAINST HIM AGAIN?

>> THAT FILM REALLY DOES DO THE

CASE -- BECAUSE NOT ONLY DOES IT

EXPOSE THE JUDGE -- AND THE FILM

ITSELF IS UNBIASSED -- IT REALLY

SHOWS -- IT SAYS HE'S WRONG IN

WHAT HE DID.

>> THAT ROMAN POLANSKI --

>> "WANTED AND DESIRED."

THEY LOVE HIM IN FRANCE AND HE'S

WANTED HERE.

BUT THE OTHER THING IS THAT YOU

ACTUALLY SEE FOOTAGE IN THAT

FILM OF HIM SWEEPING THE FLOORS

WHEN HE WAS DOING THE MENTAL --

AND SO THAT --

>> Emily: REALLY.

>> TO ME, WHO HAS BEEN A

LIFELONG POLANSKI FAN, I NEVER

REALLY KNOW THAT HE ACTUALLY HAD

TO DO MENIAL LABOR FOR TWO

MONTHS.

>> FOR A FEW MONTHS.

>> Emily: 42 DAYS.

>> HE DRUGGED AND RAPED A

13-YEAR-OLD.

>> THE PROBLEM IS NOW THERE ARE

TWO OFFENSES.

THERE IS THE STATUTORY RAPE, BUT

NOW THERE IS THE FLEEING FROM

JUSTICE WHICH IS IN A SENSE --

IN SOME SENSES, NOW BECOMES THE

BIGGER ONE, AND THE QUESTION

ABOUT WHETHER OR NOT YOU'RE

GOING TO SAY, "WELL, NEVER MIND

BECAUSE YOU'RE RICH AND FAMOUS"

WHICH IS --

>> Emily: IF HE OPTS TO STAY IN

SWITZERLAND, WHAT HAPPENS?

>> THERE WILL BE THE EXTRADITION

PROCEEDINGS.

IF YOU LOOK AT THE CURRENT

EXTRADITION TREATY WE HAVE,

THERE IS A PROVISION THAT

BASICALLY SAYS IF THE PERSON HAS

ALREADY BEEN CONVICTED, WHICH HE

HAS, BUT NOT YET SENTENCED THAT

IF THE TERM THAT HE HAS TO SERVE

IS SIX MONTHS OR LESS, THEN THE

REQUESTED PARTY -- SWITZERLAND

-- DOES NOT HAVE TO RETURN HIM.

THE PROBLEM HERE, OF COURSE, IS

WE DON'T KNOW WHAT THE SENTENCE

WILL BE.

>> Emily: IT NEVER WAS -- THERE

NEVER WAS A SENTENCE.

>> UNTIL YOU COME HERE.

>> Emily: FASCINATING CASE.

THANK YOU SO MUCH.

COMING UP.

WOULD CASH KEEP YOU OFF YOUR

CELL PHONE WHEN YOU'RE DRIVING?