I don't know dippin: I think if he hadn't fled, but had stayed...received the stiffer sentence, wouldn't he have been allowed to appeal on the grounds that he was given a plea deal that was accepted and then thrown out by prosecutorial misconduct? Personally, I am sensitive to the argument that you, and I believe roach in part are putting forward regarding the reasons why he fled the country, but I don't think that allowing someone to flee the country because they they wanted to call shennanigans on the court is a good precedent to set. Furthermore, as I previously stated, I think that Polanski's conduct over the past 30 years directly acerbated the situation to where the DA / US. DoJ would almost have to go after him. He didn't just get out the country because he was given a softball deal and a chance to flee and live in relatively quiet anonymity, he chose to keep himself in the spotlight.
I also am not sure I'm following roach's argument about the odd nature of the arrest. In my understanding, just because the police haven't picked you up for a crime the first 10 times they had a chance doesn't mean its not valid when they do it on the 11th. My guess is that they were happy to let him go as long as he kept mostly kind of quiet, but that after the attention was brought back strongly after the award for the Pianist, they felt they had no choice. People down the hall asking if the original warrant was written on Charmin or generic, because they certainly hoped a lot of money wasn't wasted on the process, as it was obvious the warrant had no teeth. I don't really think the DA/DoJ had much choice in this matter.
I think a more reasonable course of action would be to bring him back, reinforce the image of holding people accountable to the law and the due process of law. Give him time served for the stat rape, and allow information to be presented showing why he chose to flee instead of stay. Give him a pop for fleeing the country, but not maximum sentence if there is clear evidence of prosecutorial misconduct that he could have been aware of at the time. Mental state goes to sentencing, no? Put him in a club med for a while, from which he could write an amazing memoir or movie dealing with the experience.
I don't think sweeping this thing under the carpet is a wise decision. The image it casts isn't helpful. I do think there are graver problems with our system of justice, however...and the underlying truth that there are stratifications of the administration of justice is one of them.
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