A repository for Marcospinelli's comments and essays published at other websites.

Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Wednesday, July 14, 2010

She told him no, he knew what he was doing and she was frightened of him.

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I assume now that you're talking about the daughter, and not the mother who said "no" and that she was frightened by him. Samantha Geimer's (the daughter) story was inconsistent and changed. Neither one of them (the mother or the daughter, nor you for that matter) are mind readers and can claim to know what Polanski "knew".



The only fact that is consistent, and that is verifiable is that she was 13 and they had sexual relations. Whether it was consensual (and that was never determined) doesn't even matter, because anyone over 18 years old having sexual relations with someone under 18 years old is against the law. What she may have told him and how she may have felt is questionable, unprovable, and irrelevant to the case at hand, which is unlawful sex with a minor.
About Roman Polanski
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Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

You are aware that the ONLY reason the prosecutors plea bargained was because this child's mother requested it, right? Go to the link and read her testimony, please.

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No, not only is that not true, there is no testimony of the mother at that link.



Show me a statement by the prosecution (Roger Gunson or John Van de Camp) saying that and then you'll have a "Man Bites Dog" story worthy of notice.
About Roman Polanski
Read the Article at HuffingtonPost

Read more...

Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Are you actually defending him?

==========================



The ONLY reason I comment, on this thread or any other, is because of the twisted, misinformation (and sometimes out-and-out Iies) spread by people who have no knowledge or understanding of US laws and procedures, government and politics, but who put forth their personal opinions as if they're facts. I'm talking about uneducated people overcome by emotion, unable or unwilling to accept American jurisprudence. Invariably these people are victims of child abuse themselves & have no ability to distinguish what was done to them and the case in the news.



You, lisaman, appear to be one of those people.



When unable to argue your point, you make up information, jump to conclusions that have no foundation in fact, and then try to bully by making erroneous (& irrelevant) assertions. Like trying to intimidate me for correcting your understanding of the law and this case, by implying that anyone doing that must be a "defender of child rape".



BIOYA.
About Roman Polanski
Read the Article at HuffingtonPost

Read more...

Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

You're careless with language; Polanski is not a "child rapist".



And whatever he did with Kinski (and according to American records she was 18 when she met and worked with Polanski), it was a relationship that lasted several years that she apparently consented to.
About Roman Polanski
Read the Article at HuffingtonPost

Read more...

Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Plea bargains are a lot like bluffing in poker. Prosecutors always overcharge, and defendants frequently agree to plea bargain deals, even those who have committed no crimes, because they become convinced an overzealous prosecutor will be successful and prevail, which can mean a much greater sentence.



This case isn't as cut and dried as you would have people believe.
About Roman Polanski
Read the Article at HuffingtonPost

Read more...

Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Judges invariably go with a probation department's recommendation -- It is pro forma. According to one study from that time, in the very few times when judges haven't kept to plea bargains, it's been in cases of repeat offenders.



After Polanski was released from Chino, and while waiting for the sentencing hearing, his lawyer learned that the judge was going to renege on the deal.



With ordinary people, non-celebrities, it's generally not a problem because should the plea bargain fall through, the defendant has the right to withdraw the plea and go through with a trial. The public wouldn't necessarily know anything about the case, and any potential jurors wouldn't have heard, "He confessed so he must be guilty! Hang him!" (innocent people confess all the time, difficult as it is for many to believe).



With Polanski, how do you unring that bell?



There was so much wrong with this case, from prosecutorial misconduct to the judge's inappropriate ex parte communications, that to persecute Polanski for thirty+years for a crime that he wouldn't have done any time for had he been Roman Smith is really all about distracting the masses, bread and circuses.
About Roman Polanski
Read the Article at HuffingtonPost

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Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Your understanding of the American criminal justice system is all turned around.



To begin with, learn the lingo. Once someone pleas out and that plea is entered (into judgment, by a judge in a courtroom), that's a conviction.



Our system of criminal justice doesn't require ANY sort of punishment.



Polanski entered into a deal (probation for a guilty plea to unlawful sex with a minor) that was standard at that time for that act, providing that he was determined not to be an MDSO (Medically Disordered Sex Offender).



By law, a psychiatric evaluation was required in offenses with minors under 14 years of age to determine if the offender is an MDSO. That was separate from, but part of the presentence report given to a judge at the sentencing from a probation department.



Polanski was sent to Chino State Prison for a psychiatric evaluation, to be completed within 90 days. If Polanski had been determined to be an MDSO, he would have been kept the entire 90 days, at which time he would have been transported to the court for sentencing. The evaluation determined that he wasn't an MDSO, and he was released from Chino.



KEEP READING
About Roman Polanski
Read the Article at HuffingtonPost

Read more...

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