Saturday, October 3, 2009

Polanski


Usually I avoid commenting on such current affairs as Polanski's recent arrest, but there have been such heated debates everywhere I go online and with my friends that I thought I'd write about it after all.

It seems that everyone has their own preconceived opinion about the case, which makes arguing quite difficult, and it really doesn't help that this affair has so many different aspects.

1977 was quite exactly the year I started getting seriously interested in cinema, its art and history. Therefore Polanski's flight from jurisdiction has always been a topic I had my problems with and I still can't really say what my opinion about it is. But then what's wrong with that?



I.

At the core of everything is the case, the crime, itself which today is still awaiting due process. It's not about justice, it's a legal requirement. The question about guilt is one of a court and to this day resolved.

It's everyone's right to have and express an opinion, but - except for those involved - none of us talking is victim or perpetrator, prosecutor or the defence lawyer, judge or jury. Therefore our opinions are just simply irrelevant and not worth much more than any other kind of gossip.



II.

Roman Polanski has decided to avoid prosecution and fled from the United States and has done everything to bypass a criminal trial. I don't think not many would agree that this is exemplary behaviour, and denying responsibility can hardly be lauded.

Furthermore this has made the whole issue a complex international and public affair. It is Polanski's full fault to have created such a situation.

Consequently he's been compromising friends and anyone involved in his life and work, including the countries he has been to ever since he left the States. And so in the end this has become a public affair on an international scale.



III.

This has been going on for more than 30 years now. Obviously it was no pressing issue for the United States to urge any of its ally countries to extradite Polanski nor did any of these countries feel obliged to act on their own accord. So why arrest him now?

A German newspaper (DIE ZEIT) noticed that Polanski had been in Germany the last few months shooting his new movie in Sylt, but no request for arrest was sent to the authorities. Obviously someone at the LA district attorney's office finally had a look into his Google alert for 'Roman Polanski', found the invitation for the Swiss film festival and sent an arrest warrant to the Swiss authorities??

It might even be true, but it seems to be a political issue. Switzerland has had some recent international difficulties with the USA (UBS bank) and might feel obliged to make good.

In any case it obviously doesn't have much to do with the initial case in itself.



IV.

And so I hear some people getting upset about those artists, mostly from the movie industry, signing the 'Free Polanski' petition. Who cares and why care? It's not like this will really influence the future procedure of this case.

Some signers are Polanski's friends and are showing genuine solidarity, others are maybe just joining to have their name on the list with the 'in crowd'. It's NOT Hollywood expressing an official opinion like a political party might do. Who is Hollywood? It's just a large amount of people working for the major American film production companies, and every one of them has his or her own private opinion.



V.

I also hear doubt about the value of Polanski's work and that his movies should be boycotted, and there's disgust that he ever received an Academy Award for The Pianist.

Despite the fact that nearly all of his relevant art was produced before 1977 it is merely one truth in life that I have learnt that you can't measure art on the personality of its creators. More often than not we here of those nutty or mean people who nevertheless produce timeless works of art.

I actually do value art higher than justice, because art can be and often is perfect, whereas true justice rarely prevails. (If justice existed, then I'd still be running a cinema). And art is not the artist, an artist is a person like anyone else and not above the law.

True art does manage to go beyond the actial intentions of its creator and magically touches realms not initially comprehended in its creation. Art is simply more than just the sum of its parts.

And the Academy Award? How many great artists in cinema have been overseen and forgotten and how often have we been aggravated about certain decisions who got the prize? Polanksi has achieved prize-worthy works within his career, and if he got one after 1977, so it be. It's not like such a prize proves you to be innocent of anything.



But I guess the public has already switched its attention to Letterman...

1 comment:

Unknown said...

You Said:
*****************
At the core of everything is the case, the crime, itself which today is still awaiting due process. It's not about justice, it's a legal requirement. The question about guilt is one of a court and to this day resolved.
***************
I think you meant to say the question of guilt is unresolved? If so, you are incorrect. Polanski entered a plea of guilty on the sole charge unlawful sexual intercourse with a minor. He entered the guilty plea in order to get the other charges - rape by use of drugs, sodomy, lewd and lascivious acts on a minor, and furnishing a controlled substance to a minor - dropped. The prosecutors were willing to do this in order to spare the victim an actual jury trial.

Roman Polanski is a convicted felon. If he is brought back to the US there will be no trial on the original charges - he will be sentenced. He jumped bail hours before he was to be sentenced in 1978. The State may want to pursue charges of illegal flight, so he might be tried on that charge. I can not conceive a not guilty verdict in such a trial.

Of course there will appeals out the wazoo, but he is not going to eligible for bail given his previous flight.

As to your allegations that the US Justice Dept has not pursued his capture on previous occasions, again you are incorrect.

Here is the timeline released by the Los Angeles District Attorney's Office
Feb. 3, 1978: the Extradition Services Section opened a file after federal authorities confirmed Polanski was living in France.
May 3, 1978: provisional arrest request prepared when it was learned Polanski may be in England. A formal extradition package was submitted on May 12, 1978.

April 2, 1981: confirmed with Office of International Affairs that the District Attorney's Office would continue to seek Polanski's arrest and extradition.
December 1986: consulted with Royal Canadian Mounted Police after being informed Polanski may be traveling to Canada.
May 1988: after receiving notice Polanski may travel to Germany, Denmark, Sweden or Brazil, verified the arrest warrant was still active.
June 1994: provided the Office of International Affairs confirmation that our office continued to pursue the extradition of Polanski and submitted a provisional arrest warrant request to France on June 21, 1994.
October 2005: informed that Mr. Polanski would travel to Thailand. The District Attorney's Office submitted an Interpol Red Notice that had been distributed in 2002. Polanski appeared in Thailand, but was not arrested.
July 10, 2007: informed Polanski was scheduled to appear in Israel. The Office of International Affairs notified our office that authorities in Israel requested additional details, which were sent. By the time the information arrived, Polanski had left Israel and was not arrested.
Sept. 22, 2009: informed that Polanski was scheduled to appear at a film festival in Zurich, Switzerland. An application for a provisional arrest warrant was prepared to the U.S. Department of Justice, Office of International Affairs. It was executed by Swiss authorities on Sept. 27, 2009.

Politics very well may have played a part in the failure in the attempts to capture Polanski. Did the German government disallow the arrest of a prominent Holocaust survivor? Did the Israeli Government let him go for the same reason? I don't know the answer to those questions, but I do know it has absolutely nothing to do with the importance of bringing Polanski to justice.

Here are Polanski's own words in 1979:

If I had killed somebody, it wouldn’t have had so much appeal to the press, you see? But… fucking, you see, and the young girls. Judges want to fuck young girls. Juries want to fuck young girls. Everyone wants to fuck young girls!”

She was 13 and he raped her. You are defending him.

-Ogden