The court upheld a lower court's decision that the motion for dismissal could not be heard while Polanski was a fugitive. The decision criticized the director for fleeing the country in the first place, saying, "flight was not Polanski's only option. It was not even his best option." However, the court also found evidence of misconduct in Polanski's original 1977 trial under Judge Laurence J. Rittenband. They were especially concerned about allegations that prosecutor David Wells, who was not actually assigned to the case, had engaged in "backroom conversations" with Rittenband in which he encouraged a tougher sentence. Wells admitted to these conversations in the documentary Roman Polanski: Wanted and Desired, which the court viewed as part of its deliberations, but later claimed he had lied in the film. In its decision, the court said,

If Wells's account is true, Judge Rittenband was ushered along a path of iniquity by an officer of the court with a personal axe to grind and no hesitation to engage in unethical ex parte communications and devise illegal, nonappealable sentences to circumvent the defendant's due process and sentencing rights.

Though the court rejected the dismissal motion, it offered other options for the resolution of the case that may be appealing to the Polanski camp. The decision stated, "Polanski is not without any remedy. He is only without the remedy that he prefers: complete release not only from any threat of future punishment, but also from the very charges themselves." The court has offered Polanski two choices to resolve his case: write a letter asking to be tried in absentia, or submit to extradition to the US for trial in person. The court has hinted that the latter would not result in an additional jail sentence.

These choices may not please Polanski's critics. Apparently addressing them, the court's decision said, "We exhort all participants in this extended drama to place the integrity of the criminal justice system above the desire to punish any one individual, whether for his offense or for his flight." One of the most unfortunate things about Polanski's case is that a heinous act will likely never get its proper punishment, in part because of possible misconduct by Wells and Rittenband, and in part because of the sheer passage of time that was the result of Polanski's flight. The court called for a swift resolution, saying, "The passage of more time before this case's final resolution will further hamper the search for truth and the delivery of any appropriate relief, and it will also prolong the agony that the lack of finality in this matter continues to cause Samantha Geimer." But the search for truth has already been hampered, and many have forgotten the real enormity of what Polanski did amid all the confounding factors that piled on afterwards. Polanski's case may be resolved in the next few months, but it's safe to say that justice will never really be done.

Court Deals Polanski A Setback [Wall Street Journal]
Polanski Dismissal Rejected; Misconduct Alleged [AP]
Polanski Exit Strategy Suggested By Court [LA Times]
Roman Polanski's Plea Rejected In Court [AP, via Independent]

• Roman Polanski's victim, Samantha Geimer, has filed papers urging a California appeals court to dismiss the criminal case against him. She says she's received nearly 500 media calls since his arrest and just wants people to "leave her alone."

• Various TV shows including Larry King and The Oprah Winfrey Show have asked her for an interview and "The pursuit has caused her to have health-related issues," says the document. "The pursuit has caused her performance at her job to be interfered with and has caused the understandable displeasure of her employer and the real possibility that Samantha could lose her job." [AP]
• On Howard Stern's radio show Rosie O'Donnell said she and Kelli Carpenter split because they have "different living styles," but said they are "working through it. I think we're working through what is best for us. ... It's all okay... Kelli and I have a very strong connection. ... I love her very much." [Entertainment Tonight]
• Taylor Lautner and Taylor Swift attended a hockey game together yesterday in L.A. Later they were seen in the lobby of a hotel. "Taylor Swift was all dolled up and looked super pretty," said an eyewitness. "She didn't seem to mind the attention … Taylor Lautner, on the other hand, was hiding under a hoody." [People]
• Kanye West may make a "surprise" cameo on SNL when Taylor Swift hosts in November. [Perez Hilton]
• Around midnight Chris Brown posted a fan-made video montage featuring pictures of himself and Rihanna set to R.Kelly's "The Way We Used To Be" on Twitter along with the message: " IM SORRY YALL. JUST HAD TO POST IT." Minutes later he wrote "FOR THE FELLAS: showing emotion doesn't make u weak... BEING HONEST MAKES U STRONG." [TMZ]
• In his new unauthorized biography Andrew Morton accuses Angelina Jolie of sleeping with her mother Marcheline Bertrand's boyfriend. "Marcheline had a live-in boyfriend whom she was very much in love with, but Ange slept with him when she was 16 and barely out of school," said a source. "When Ange admitted the story to her brother James just a few weeks ago, even he turned on her. She has hardly anyone left in life who likes or trusts her." [The Sun]
• Jon Gosselin has paid back the money he took from his joint bank account with Kate Gosselin. Jon appeared in court today, but Kate just sent her lawyer. [People]
• Kate Gosselin's lawyer said, "We are clearly pleased that the monies taken by Mr. Gosselin have been returned to the marital account, and we look forward to recouping additional monies taken by Mr. Gosselin at the time of the parties' private arbitration hearings." [TMZ]
• In the video at the link Jon Gosselin's lawyer gets a little confused about his nursury rhymes. He says Kate Gosselin is "like the old lady who lived in a shoe" ... but really lives in a glass house. [TMZ]
• During her trip to Malawi Madonna will meet the biological father of her daughter Mercy James. "Madonna wants to meet Mr. Kambewa because she does not want to deny Mercy her background. Madonna wants to assure Mr. Kambewa that Mercy will not be delinked from her roots," says a source. [Daily Express]
• Jessica Simpson is going to India to interview Bollywood star Neha Dhupia for her show Price of Beauty. [News.com.au]
• Earlier this month Joe Jackson claimed that the media would "tear This Is It apart" because it's "mostly body doubles." The film's producers have replied: "This story is pure garbage and there are no body doubles. Audiences will begin to see the film tomorrow and every time they see The King of Pop they will know that every frame is unquestionably Michael as he rehearses and prepares for the London concerts that were to have begun this past summer." [TMZ]
• This Is It is riveting... according to Jackie Jackson. He reports: "Michael is electrifying! We get a glimpse of a true genius at work. His passionate message for healing the world, saving the planet and our children's futures is something he was always striving for in his lifetime." [TMZ]
• LaToya Jackson has revealed that Michael Jackson's kids are in therapy to help them deal with their father's death. She says "Prince just doesn't want to speak about it," Paris, "is doing very well, writes a lot and she wears his shirts every day," and Blanket, "cries – he really does cry. It's so painful for him. No one can bring his daddy back and it hurts so much." What does their therapist have to say about their aunt talking about them with the press? [People]
• Levi Johnston's manager, Tank Jones, says he's "90 percent sure" his Playgirl photo shoot will feature full-frontal nudity. [People]
• Jay-Z will perform his song "Empire State of Mind" with Alicia Keys at Game 1 of the World Series. [AP]
• Jennifer Aniston's rep says she is not filming a weekly show for Oprah Winfrey's OWN network. [Extra]
• Amy Winehouse was supposed to present at the Q Awards, but she missed her cue... twice. Her co-presenter Don Letts handed out an "inspiration" award to The Specials alone. Then Amy wandered out during their acceptance speech and declared them "the most inspirational band of all time." [The Star]
• At the Q Awards in London Lily Allen announced that she's setting up her own record label. "I think things need to change in the music industry and we need to rethink a lot of stuff," she said. [The Star]
• Jordan's maid of honor bridesmaid and (former) friend Michelle Clack says, "She's a monster. She is a nasty, selfish bitch and a shameless liar who needs serious therapy. She is spiralling out of control and it's getting worse." [News Of The World]
• Soccer fans: David Beckham is "keen to play for Milan to maximize his chances of making the England squad for the 2010 World Cup." [BBC]
• Ricky Gervais will host the Golden Globes in January. "Not only is this the biggest Hollywood celebration of the industry, which includes both film and TV, but also an environment where I feel I can get free reign as a host," Gervais said. "I have resisted many other offers like this, but there are just some things you don't turn down." [People]
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• Scarlett Johansson and Liev Schreiber will star in Arthur Miller's A View From the Bridge on Broadway beginning in December. [N.Y. T.]
• Randi and Evi Quaid missed a court date last week over charges that they ran out on a $10,000 hotel bill and though they said they'd be be in court today in California to be arraigned on felony charges they didn't show. They offered to show up in court on Thursday, but the D.A. replied, "I'm proceeding with the extradition [from Texas]. I'm not holding my breath for them." [People, TMZ]
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• When asked if he likes the cover of his new album Soulbook, Rod Stewart shrugged and said, "At least it's not too airbrushed like some of the other ones. It's embarrassing when they do that." [CNN]
• Reese Witherspoon recently said in an interview that at her farmhouse she and Jake Gyllenhaal "have chickens, and we grow cucumbers and tomatoes. I love it. It reminds me of where I grew up in Tennessee." A Tennessee resident says, "Really? There are chickens on Woodmont Boulevard in Green Hills? At your parents' house? Really? Rex guesses that the only chicken she saw when she lived in Nashville was Kentucky Fried or in the salad at the Belle Meade Plantation restaurant. Thanks for playing up the country bumpkin image of Nashville, Reese." [ONTD]

"My views as a victim, my feelings as a victim, or my desires as a victim were never considered or even inquired into by the district attorney prior to the filing. It is clear to me that because the district attorney's office has been accused of wrongdoing, it has recited the lurid details of the case to distract attention from the wrongful conduct of the district attorney's office as well as the judge who was then assigned to the case." She adds: "I have survived, indeed prevailed, against whatever harm Mr. Polanski may have caused me as a child," and says she believes Polanski fled the country "because the judicial system did not work." This story notes:

Now a wife and mother of three children, Geimer said that the insistence by prosecutors and the court that Polanski must appear in person to seek dismissal "is a joke, a cruel joke being played on me."

Victim In Polanski Case Urges Dismissal [AP]