Polanski says the judge, Judge Laurence Rittenband, reneged on the plea deal and insisted he serve up to 50 years in jail after the agreement was signed.
Even though his legal counsel successfully argued against an extradition order late a year ago, Roman Polanski is pondering doing the right thing and returning to the United States.
In a letter dated February 6, attorney Harland Braun asked Judge Scott Gordon to unseal the 2010 testimony of Deputy District Attorney Roger Gunson, who was the prosecutor on the rape case. The L.A. district attorney's office and the courts have been unwilling to resolve the case unless Polanski first returns to L.A. and submits to the court's jurisdiction.
Mr Braun believes the secret testimony of prosecutor Roger Gunson collected in 2010 in the United States supports Polanski's claim that he had an agreement to serve just 48 days and that - taken with the Polish decision - it should convince the USA authorities Polanski has served his time.
Polanski's lawyers sought to unseal the testimony, but prosecutors objected to unsealing the transcripts, and a judge agreed.
In 2015, the Polish Supreme Court ruled Polanski had already served his time under the referenced plea deal.
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Exiled director Roman Polanski is ready to return stateside to settle that controversial child rape case from 1977.
However, in early 1978, a day before sentencing, he fled the United States to avoid what he feared would be serious prison time.
Cue Polanski packing his bags and fleeing to Europe as a fugitive. A judge in 2014 rejected Polanski's request of a new hearing.
Polanski is an Oscar-winning director behind films such as "Chinatown", "Tess", "The Pianist" and "The Ghost Writer".
Samantha Gailey, who has since changed her name to Geimer, has herself called for the charges to be dropped, saying she now considered Polanski her co-victim due to the case dragging on for so long.