State prosecutors arguing against rights of victim in Polanski case

As detailed at this link, tomorrow officially starts National Crime Victims’ Rights Week (NCVRW), which has been a special week designated by the US Department of Justice for “promoting victims’ rights and honoring crime victims and those who advocate on their behalf” each April since 1981.  Thus, there is a special and sad temporal irony in this notable news story out of California, which is headlined “Prosecutors argue Polanski victim can’t alter case.” Here are the details:

Roman Polanski’s victim cannot ask for the 32-year-old sex case to be dismissed against the fugitive director or otherwise impact the case, prosecutors argued in a court filing Friday.

In a filing to the California Second District Court of Appeal, Los Angeles County prosecutors argue a recent constitutional revision spelling out crime victims’ rights does not grant them the power to determine the outcome of criminal cases.

They are also asking the appeals court to reject requests by Polanski’s victim, Samantha Geimer, to have the case heard in another county and unseal recent testimony by a former prosecutor.

Prosecutors argue that granting her request for dismissal would “fundamentally alter the way in which crimes are prosecuted.”  The filing argues that if victims were parties to criminal cases, cases could be dropped either through intimidation, coercion or public pressure.

Geimer petitioned the appeals court to dismiss the case and make the other rulings in a March petition.  That filing argued a 2008 constitutional amendment, dubbed Marsy’s Law, gives victims more input into criminal cases. Geimer’s attorney, Lawrence Silver, has argued twice before that the amendment meant his client’s request for dismissal should be considered….

Geimer’s filing is a separate appeal from one being pursued by Polanski’s attorneys that seeks the appointment of a special counsel to investigate alleged judicial misconduct in the case.  The court has not yet ruled on Polanski’s appeal.

California voters in November 2008 approved a measure that wrote specific victims’ rights into the state constitution, including giving them more notice about criminal proceedings.  Geimer has repeatedly sought to have the case dismissed, arguing that renewed interest of the case and media coverage has led to her being repeatedly victimized.

I am troubled, but not at all surprised, that California state prosecutors are aggressively seeking to limit a crime victims’ rights when those rights do not serve their interests.  Prosecutors are often eager to promote the rights of crime victims when it serves their parochial interests in a particular criminal case, but then are also often likely to disregard or even seek to dismiss the rights of crime victims when it undermines their interests in a particular case.

In light of the official start of National Crime Victims’ Rights Week, I wonder if any officials who work for the federal Office for Victims of Crime— whose motto is “Putting Victims First” — have considered filling amicus briefs in support of Samantha Geimer in the Polanski case.