Court rejects Polanski move to dismiss case

LOS ANGELES -- A California appeals court said it has rejected Roman Polanski's bid to have his sex case dismissed.

The California 2nd District Court of Appeal announced Monday it had denied the petition, with justices saying they are "deeply concerned" about the probable misconduct by a now-deceased judge and a retired prosecutor who advised the director.

"We encourage all participating parties to do their utmost to ensure that this matter now draws to a close in a manner that fully addresses the issues of due process and fundamental fairness raised by the events of long ago," the court's opinion stated.

Attorneys for the fugitive director argued earlier this month that misconduct in the case was grounds for dismissal of a charge of having unlawful sex with a minor.

Polanski is under house arrest at his Swiss chalet. He was arrested on a fugitive warrant in September.

He pleaded guilty to unlawful sexual intercourse in 1977 with a 13-year-old girl. He was sent to prison for 42 days and entered into a plea bargain. He fled to France on the day of his sentencing in 1978, aware the judge planned to renege on the agreement and sentence him to more prison time.