Originally posted by: jonks
Originally posted by: shira
There was no trial. There was a plea agreement. It happens all the time. The prosecution, defense, and the judge agreed on a plea and a sentence.
Except that AFTER the guilty plea, the judge decided he wasn't going to abide by the agreement.
If the legal system claims that the amended sentence stands, then ALL plea-bargains are history. Why on earth would any defendant agree to a guilty plea when the judge can do the old switcheroo?
Frankly, it's impossible to conceive that the guilty plea would be allowed to stand. And if the guilty plea is retracted, Polanski is presumed INNOCENT until PROVEN guilty. From a legal standpoint, none of us on this thread "knows" jack-sh!t about what Polanaski did or did not do. We don't even "know" the grand jury testimony (which is NEVER revealed to a jury) and one-sided, anecdotal stories.
Due process is one thing, but it looks as if you're disputing the facts. At the very least, he had sex with her. That's statutory rape, at the minimum. And if you accept her allegations, which she has maintained for decades, he gave her alcohol and drugs, she resisted his advances, and he had 3rd input sex with her. He then fled the country when the sweet deal didn't go his way instead of withdrawing his guilty plea after the judge rejected it, and going to trial.
Saying we know jack shit about what happened is not true, we know a helluva lot about what happened. Her grand jury testimony (which actually is available) was under oath and wouldn't be any more or less true if she uttered it during the trial.
Polanski "grudgingly went along"(!) with a deal that would have avoided jailtime for statutory rape or worse?
He leapt at that shit like a lifeline.
Presumption of innocence is merely a legal construct describing the burden of proof in court. It has absolutely no bearing on public discourse regarding the facts as we understand them. Again, at the very least,
a 43 year old had sex with a 13 year old girl, and if you accept the particulars, with the aid of drugs and against her will. He deserves due process, he does not deserve our sympathy.
ED: after a little more reading, whether he could withdraw his plea depended upon the deal as structured. However, as he plead to a misdemeanor, a sentence imposed could likely not exceed one year (general rule), so would be subject to review if not outright rejected.