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Polanski tries for bail a 3rd time

Last Updated: Tuesday, November 3, 2009 | 5:27 PM ET

Roman Polanski is shown Dec. 17, 1977, just before he fled the U.S. on the eve of sentencing for unlawful sexual intercourse.

Roman Polanski is shown Dec. 17, 1977, just before he fled the U.S. on the eve of sentencing for unlawful sexual intercourse. (Nick Ut/Associated Press)

Polish-American director Roman Polanski has made a third appeal for bail in Switzerland a Swiss court confirmed Tuesday.

But government officials rejected an offer of a higher bail as a surety to guarantee Polanski will not flee justice.

His lawyer had offered what he described as a "very, very significant" amount of cash, but officials said he remains a flight risk.

The director of Rosemary's Baby and Chinatown is in jail in Switzerland awaiting extradition to the U.S. on a 30-year-old conviction for having sex with a 13-year-old girl.

Meanwhile, a California Appeal Court has agreed to hear arguments from Polanski's lawyers over whether a lower court should hear a plea to dismiss the charges, whether the director is present or not.

In July, before he was arrested in Switzerland, Polanski appealed a decision by a Superior Court judge not to dismiss the criminal case against him because he didn't appear in court.

His lawyers will now be allowed to present oral arguments on Dec. 10 that a lower court should again look at the case.

They plan to argue there was misconduct by the judge in the original case.

Prosecutors are expected to counter that no arguments for the case to be dismissed can be presented as long as Polanski refuses to appear in a U.S. court.

Successful extradition of Polanski to the U.S. could also change the course of the case before Dec. 10.

Los Angeles authorities have considered the Oscar-winning director a fugitive since he fled the U.S. in February 1978, just before he was to be sentenced for a conviction of unlawful sexual intercourse.

Polanski's victim, Samantha Geimer, who got a civil settlement from the director, has asked for dismissal of the charges against Polanski, saying the re-emergence of the case is causing her stress and health problems.

With files from The Associated Press
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