Polanski won't appear at Thursday's L.A. court hearing

Film director Roman Polanski won't appear at a Los Angeles hearing Thursday to seek dismissal of the decades-old sex case against him, his lawyer told a judge on Monday.

Chad Hummel argued in a court filing on Monday that his client's personal appearance in court is irrelevant to the question of whether judicial and prosecutorial misconduct violated his constitutional rights.

Polanski, now 75, has lived in exile in France since 1978. He pleaded guilty to unlawful sexual intercourse with a minor in 1977, and served more than 40 days in prison.

He fled the U.S. when the now-deceased presiding judge in the case, Laurence Rittenband, threatened him with additional time in jail.

Hummel said there is no legal precedent to support a tentative finding by U.S. Superior Court Judge Peter Espinoza that the issues can't be addressed in Polanski's absence.

He also noted that the judge's refusal to dismiss the case is contrary to the wishes of the victim, Samantha Geimer, who joined in Polanski's bid for dismissal.

The current action calling for the dismissal of the case emerged after the release of filmmaker Marina Zenovich's documentary Roman Polanski: Wanted and Desired, which revealed new information about Rittenband and other figures who manipulated the case behind the scenes.

After reviewing the evidence from both sides and watching the documentary, Espinoza agreed in February that there had been misconduct by Rittenband.

But he rejected the call to dismiss the case, saying if Polanski wanted a new ruling, he would have to appear in court in person to make his request.

WerePolanski to return to the U.S., he probably would be arrested on a fugitive warrant.

Hummel said that if Espinoza makes his tentative ruling permanent at Thursday's hearing, Polanski will askan appeal court to intervene.

Polanski's film career has flourished in France. He received an Oscar in absentia for best director forhis 2002 film The Pianist.