Keep Polanski sex victim out of case: prosecutors

Roman Polanski's victim cannot ask for the 32-year-old sex case to be dismissed against the fugitive movie director, or otherwise impact the case, prosecutors argued in a new court filing.

In a filing to the California Second District Court of Appeal on Friday, Los Angeles County prosecutors argue a recent constitutional revision spelling out crime victims' rights does not grant them the power to determine the outcome of criminal cases.

They are also asking the appeals court to reject requests by Polanski's victim, Samantha Geimer, to have the case heard in another county and unseal recent testimony by a former prosecutor.

Prosecutors argue that granting her request for dismissal would "fundamentally alter the way in which crimes are prosecuted."

Geimer petitioned the appeals court in Marchto dismiss the case and make the other rulings. That filing argued a 2008 constitutional amendment, dubbed Marsy's Law, gives victims more input into criminal cases.

Geimer's attorney, Lawrence Silver, has argued twice before that the amendment meant his client's request for dismissal should be considered.

Geimer's filing is a separate appeal from one being pursued by Polanski's attorneys that seeks the appointment of a special counsel to investigate alleged judicial misconduct in the case. The court has not yet ruled on Polanski's appeal.

California voters in November 2008 approved a measure that wrote specific victims' rights into the state constitution, including giving them more notice about criminal proceedings.

Geimer has repeatedly sought to have the case dismissed, arguing that renewed interest of the case and media coverage has led to her being repeatedly victimized.

Polanski was accused in 1977 of plying Geimer, then age 13, with champagne and part of a Quaalude pill then raping her.

The director was 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.

Authorities are seeking Polanski's extradition from Switzerland so he can be sentenced on the charge. The Academy Award-winning director fled the United States on the eve of sentencing in 1978.

He remains on house arrest in his chalet in the Swiss ski resort of Gstaad.