The Lost Polanski Transcripts
by Marcia Clark
October 2, 2009 | 6:42am
Ina Fassbender / Reuters
The idea that Roman Polanski was done in by an unscrupulous judge is a myth. Marcia Clark studies the startling transcripts from his 1977 guilty plea.
Ever since he fled Los Angeles for Europe, Roman Polanski and his defenders have been putting out a story: he had to run because Judge Laurence Rittenband, after having promised not to impose any jail time past a 42-day psychiatric evaluation for having sex with a 13-year-old girl, had changed his mind and intended send him to state prison. It’s a myth.
How do I know this? From Roman Polanski.
“What is the maximum sentence for unlawful sexual intercourse?” asked the prosecutor.
“It’s one to fifteen – twenty years in State Prison,” responded Polanski.
The transcript of Polanski’s August 8, 1977 courtroom guilty plea is one of the lengthiest, most thorough pleas I’ve ever seen. Reading it allows one to literally travel back in time to the Carter years, and hear all the players—Judge Rittenband, prosecutor Roger Gunson and, yes, Polanski—in their own exact words. No interpretations, no spin.
First, Gunson read out the litany of charges Polanski initially faced:
“Mr. Polanski, you are charged in Information A-334139 with the crimes of Furnishing Drugs to a Minor, Lewd or Lascivious Acts upon a Child under 14 year of Age, Unlawful Sexual Intercourse, Rape by Use of Drugs, Perversion, and Sodomy, all felonies committed on or about March 10th, 1977.”
The single crime Polanski pled guilty to, unlawful sexual intercourse, was the lightest of the charges filed against him. But even so, because the victim was so young, the judge had the power to require Polanski to register as a sex offender, something Gunson was quick to remind the director.
“Mr. Polanski, because this offense involved a girl under the age of 14, it is mandatory that MDSO proceedings be instituted. MDSO means Mentally Disordered Sex Offender. If you are found to be an MDSO, you would have to register that fact with the law enforcement officer of the community in which you resided.”
Gunson then went on to ask: “….on March 10, 1977, the day you had sexual intercourse with the complaining witness, how old did you believe her to be?”
Polanski conferred with his lawyer and then answered: “She was 13.”
Gunson: “Did you understand that she was 13 on March 10, 1977, when you had sexual intercourse with her?”
Again, Polanski conferred with his lawyer, then answered: “Yes.”
So Polanski knew he faced the possibility of becoming a registered sex offender and admitted in open court that he was subject to that penalty because he knowingly had sexual contact with a girl who was 13 years old.
He also knew the sentence Polanski he was facing: “What is the maximum sentence for unlawful sexual intercourse?” asked Gunson.
“It’s one to fifteen—twenty years in State Prison,” responded Polanski.
“Do you understand it is also possible that you could be placed on probation, with or without being required to serve up to one year in the County Jail?” the prosecutor next asked.
“Yes,” responded Polanski.
Twenty years in prison—or zero. Felony with registration as a Mentally Disordered Sex Offender—or a misdemeanor with probation. Polanski knew the entire range of sentences he faced. And who did Polanski explicitly acknowledge had the sole power to decide which it would be? That’s what Gunson wanted to know:
“Mr. Polanski, who do you believe will decide what your sentence will be in this matter?”
Polanski: “The Judge.”
Polanski didn’t respond, so Gunson repeated this critical question: “Do you understand that the Judge has not made any decision?”
“Yes,” said Polanski.
Gunson next asked: “Who do you think will decide whether or not you will get probation?”
Polanski: “The Judge.”
Gunson: “Who do you think will determine whether the sentence will be a felony or a misdemeanor?”
Polanski: “The Judge.”
Gunson: “Do you understand that at this time, the Court has not made any decision as to what sentence you will receive?”
Polanski didn’t respond, so Gunson repeated this critical question: “Do you understand that the Judge has not made any decision?”
“Yes,” said Polanski.
Could this be any clearer? This exchange proves unequivocally that no sentencing promises had been made and that the judge would decide what Polanski would get. Then Gunson made it clear that this would be no lay-down by the prosecution either:
“Mr. Polanski, do you understand that at the time of probation and sentencing, the prosecutor may argue that you should be sentenced to State Prison, or be incarcerated in the County Jail?”
Polanski: “Yes.”
Gunson then elicited from Polanski that he was pleading guilty freely and voluntarily, after full consultation as to all the possible consequences of his plea with his lawyer, which included the “possible sentences, the possible MDSO procedures, and the possible deportation.” Gunson then went on to state: “The District Attorney will make a motion to dismiss the remaining pending charges after sentencing. Other than that promise, has anyone made any promises to you, such as a lesser sentence or probation, or any reward? Immunity? A court recommendation to the Immigration and Naturalization Service, or anything else, in order to get you to plead guilty?”
Polanski: “No.”
Gunson then asked Polanski’s lawyer, Douglas Dalton, whether he was aware of any promises made to his client that hadn’t been stated on the record in open court that day, and the attorney confirmed that there hadn’t been, and he consented to the plea. At that point, the Judge Rittenband stopped the proceedings just before Polanski entered his plea:
“I must advise the defendant, under section 1192.5 of the Penal code, that the approval of the Court to the plea is not binding on the Court; that the Court may, at the time set for hearing on the application for probation or pronouncement of judgment, withdraw its approval, in light of further consideration of the matter; and three, in such case, the defendant shall be permitted to withdraw his plea, if he desires to do so. Now, Mr. Polanski—and the Court will also make a finding at this time that the plea was freely and voluntarily made, and that there is a factual basis for it. You may now proceed to take the plea.”
And so Gunson asked: “Mr. Polanski, to Count III of indictment number A-334139, which charges you with the commission of Unlawful Sexual Intercourse on March 10th, 1977, a felony, how do you plead?”
Polanski: “Guilty.”
Bottom line: Polanski’s story about getting sold a bill of goods so the judge could sell him down the river is bunk. Few defendants were ever more thoroughly warned of the sentence they faced and the power of the judge to impose it as Roman Polanski.
The next step was for Polanski to undergo psychological assessment by two psychiatrists to determine whether he was a MDSO—Mentally Disordered Sex Offender. At the same time, a probation report was prepared—routinely done prior to sentencing in all cases.
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