Bad news for Oscar-winning director Roman Polanski (and good news for his detractors): An appeals court in California has shut the door on his request to have the nearly 33-year-old charges of Unlawful Sexual Conduct with a Minor against him dismissed.

Polanski’s lawyers had attempted to prove that there had been prosecutorial misconduct in the case, which stems from a sexual encounter The Pianist director had with then 13-year-old Samantha Geimer at the home Jack Nicholson in March 1977. However the court disagreed and is looking to move forward with the case.

“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,” reads the opinion released by the court. “The passage of more time before this case’s final resolution will further hamper the search for truth and the delivery of any appropriate relief, and it will also prolong the agony that the lack of finality in this matter continues to cause Samantha Geimer.”

The filmmaker, who pleaded guilty to the charges at the time, avoided prosecution for the case by fleeing to Europe in 1978 on the eve of sentencing. He is currently under house arrest at a Swiss chalet while his lawyers continue to fight extradition to the United States.

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