Roman Polanski won’t return to U.S., attorneys say

Fugitive filmmaker Roman Polanski will not return to the U.S. this week to meet a court deadline for his surrender, his attorneys said Monday.

In a filing in Los Angeles County Superior Court, the lawyers reasserted their claim that Polanski, 75, should not have to turn himself in for a judge to throw out a 1977 child sex case that the acclaimed director says was tainted by judicial and prosecutorial wrongdoing.

Attorneys Chad Hummel and Douglas Dalton wrote that Polanski’s presence “is neither necessary nor relevant” to Judge Peter Espinoza’s evaluation of the evidence.

“The misconduct is plainly evident from the existing record,” the attorneys wrote.

Espinoza, the supervising judge of the criminal division, acknowledged “substantial” misconduct in the handling of the case at a February hearing, but said he would not entertain a dismissal until Polanski personally appeared in court.

The judge said that if Polanski did not return by Thursday, he would deny his request for a dismissal.

In their court filing, the filmmaker’s attorneys said they plan to appeal.

The district attorney’s office argued that the legal doctrine of fugitive disentitlement, which bars a fugitive from asking for the court’s help while refusing to submit to its authority, applies in Polanski’s case.

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harriet.ryan@latimes.com