Ex-prosecutor says he lied about Polanski case

LOS ANGELES (AP) — A former prosecutor says he made up a story he told a film crew about advising a judge handling Roman Polanski’s sex case to send the director to prison.

In “Roman Polanski: Wanted and Desired,” David F. Wells is depicted as conferring with a trial judge more than 30 years ago about Polanski’s case. Wells said in the documentary that the judge took his advice in deciding to renege on a plea bargain and give Polanski additional prison time.

“I made that up to make the stuff look better,” Wells said.

The film aired on HBO.

Wells’ statement on the documentary later became part of the basis for a move by Polanski’s attorneys to dismiss the case against the fugitive director, who was arrested in Switzerland on Saturday.

In France, several government officials who had initially rushed to Polanski’s defense were being more cautious Thursday, stressing that the renowned filmmaker is not above the law.

Wells, who retired more than two years ago, did not handle Polanski’s case but was assigned to the courtroom where it was heard and had frequent interactions with the now-deceased trial judge, Laurence J. Rittenband.

“They interviewed me in the Malibu courthouse when I was still a DA, and I embellished a story,” Wells said about the film crew in an interview with The Associated Press on Wednesday. “I’m a guy who cuts to the chase — I lied. It embarrasses the hell of me.”

Polanski was accused of plying a 13-year-old girl with champagne and part of a Quaalude during a modeling shoot in 1977 and raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy.

He pleaded guilty to the lesser charge of unlawful sexual intercourse; in exchange, the remaining charges were dropped, and the judge agreed to send Polanski to prison for a 90-day psychiatric evaluation.

But Polanski was released after 42 days and fled the country for France before sentencing after the judge reportedly told lawyers he planned to add more prison time.

Polanski’s attorneys later argued in a motion to dismiss the case that the communications between the judge and Wells were clear misconduct and violated Polanski’s constitutional rights.

That motion was dismissed because Polanski was a fugitive at the time, though the judge acknowledged “substantial misconduct” in the original case. The matter is now in the hands of an appeals court.