The attorney for the victim in Roman Polanski‘s sex case is joining his lawyer’s request to have Roman sentenced in absentia (in absence) to time served.

On Wednesday, attorney Lawrence Silver, faxed the other lawyers in the case a motion planned to be filed Thursday in Los Angeles Superior Court asking that Roman be sentenced in absentia.

Silver is also supporting a motion by Roman’s lawyers, on behalf of victim Samantha Geimer, that the director be sentenced to time served, the Associated Press reports.

He accused prosecutors of violating the California Constitution when they failed to tell Samantha their plans to seek Roman’s extradition to the U.S.

The sex case is now 32 years old. Samantha was 13 when she met Roman for a modeling shoot in L.A. in 1977.

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