A Los Angeles judge has ruled Roman Polanski must return to the U.S. to be sentenced in a decades-old sex case.
Superior Court Judge Peter Espinoza's ruling Friday is likely to be appealed.
Attorneys for the 76-year-old Polanski have argued their client should be sentenced in abstentia to time already served after pleading guilty in 1978 to one count of unlawful sexual intercourse with a 13-year-old girl.
Prosecutors insist Polanski must appear in a Los Angeles courtroom and not be permitted to manipulate the justice system.
Polanski, arrested on a U.S. warrant, spent more than 60 days in a Swiss jail before being transferred to house arrest in his Swiss vacation home Dec. 4.
An attorney for Polanski's victim also urged Superior Court Judge Peter Espinoza to have the director sentenced in absentia.
In court documents, Polanski's attorneys said the late Superior Court Judge Laurence J. Rittenband sentenced the director to a diagnostic study at a California prison where he served 42 days.
Although the judge told attorneys this would be Polanski's full sentence he later indicated he was going to renege on the bargain and give him a harsher sentence at a scheduled hearing.
Polanski fled to France in 1978 and has been a fugitive ever since.
His attorneys said the judge's promise is binding and Polanski has served his full sentence. They have asked Espinoza for a full hearing with witnesses about allegations of judicial and prosecutorial misconduct in the case.
Polanski's victim, Samantha Geimer, also would like the director sentenced in absentia. Her attorney accused prosecutors of violating the California Constitution when they failed to tell Geimer of their plans to seek Polanski's extradition to the U.S.
On Thursday, prosecutors disputed the allegations in court documents, saying they've repeatedly invited Geimer and her attorney to discuss the case, but the meetings never occurred. They reiterated that Polanski must surrender or be extradited to resolve the case.
Geimer was 13 when she met Polanski for a modeling shoot in Los Angeles in 1977. Polanski was accused of plying her with champagne and part of a Quaalude pill then raping her at Jack Nicholson's house.
He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty to one count of unlawful sexual intercourse.source