Director Roman Polanski, who fled the U.S. 30 years ago to avoid prison in a child sex case, has taken the unusual step of petitioning the court from outside the country to dismiss his case.

Polanski’s petition is based on a documentary film that aired on HBO in June that alleged misconduct by both a prosecutor and Polanski’s original trial judge. The director’s attorneys included a DVD, script, and reviews of the documentary in their motion.

Polanski fled the country in 1978 after pleading guilty to a charge of unlawful intercourse with a minor.  He served a short stint in jail for “evaluation” before sentencing, then left the country when it became apparent that the prosecutor and judge were preparing to renege on a plea agreement that guaranteed he would spend no more time in prison.

Because Polanski is a fugitive, he would be arrested immediately upon stepping foot on U.S. soil. However, representatives from both the Los Angeles County District Attorney’s Office and the Superior Court have indicated that they believe Polanski must appear in court to make his unusual request.

Whether Polanski will prevail in his effort to have his case dismissed remains to be seen. If he can prove judicial or prosecutorial misconduct, he may have a chance at having his case dismissed, but only if the impasse created by Polanski’s fugitive status can be overcome.

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