In December 2008, Polanski's Lawyer in the United States filed a request to Judge David S. Wesley to have the case dismissed on the grounds of judicial and prosecutorial misconduct. The filing claims that Judge Rittenband (now deceased) violated the plea bargain by keeping in communication about the case with a deputy district attorney who was not involved. These activities were depicted in Roman Polanski: Wanted and Desired. In January 2009, Polanski's Lawyer filed a further request to have the case dismissed, and to have the case moved out of Los Angeles, as the Los Angeles courts require him to appear before the court for any sentencing or dismissal, and Polanski did not intend to appear. In February 2009, Polanski's request was tentatively denied by Judge Peter Espinoza, who said that he would make a ruling if Polanski appeared in court. The same month, Samantha Geimer filed to have the charges against Polanski dismissed from court, saying that decades of publicity as well as the prosecutor's focus on lurid details continues to traumatize her and her family. Judge Espinoza also stated there was misconduct by the judge in the original case but Polanski must return to the United States to actually apply for dismissal.
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