Roman Polanski's case still open

A judge yesterday refused to dismiss a 31-year-old sex case against Roman Polanski because he's a fugitive but left the door open for reconsideration if the film director returns to the United States and appears in court.

Superior Court Judge Peter Espinoza said that after watching a documentary on the case he agrees there was misconduct by the now-deceased judge who arranged a plea bargain but reneged on it.

Polanski, now 75, pleaded guilty in 1977 to unlawful sexual intercourse with a 13-year-old girl but fled to France in February 1978 after the judge threatened him with more prison time than agreed upon.