Directed by: Marina Zenovich.
One
of the strangest reactions from this year’s Academy Awards ceremony were the
people who criticized a joke made by Mark Wahlberg (while talking to the Seth
Macfarlane voiced Ted) by saying the after-Oscar orgy was taking place at Jack
Nicholson’s house. Macfarlane drew a lot ire for the whole telecast being
sexist, and while I understood (though did not agree) with much of the
criticism, this one confused me. It seems people were upset because it was, of
course, at Jack Nicholson’s house where Roman Polanski drugged, raped and
sodomized a 13 year old girl – which he confessed to, served a three month
“evaluation” period at San Quentin prison, and then fled the country when it
looked like the judge may sentence him to more time. The reason the outrage over
the joke confused me was simple – Roman Polanski doesn’t seem to be demonized
for what he did, so why does Macfarlane’s joke – not about the rape at all, but
about Nicholson’s notorious womanizing – draw so much ire? Why was there no
outrage directed at movie stars like Harrison Ford, Ben Kingsley, Sigourny
Weaver, Johnny Depp, Adrien Brody, Ewan McGregor, Pierce Brosnan, Kate Winslet
or Jodie Foster who have all worked with Polanski? Why when Polanski was
arrested by the Swiss in 2009, did the Hollywood community seemingly unanimously
unite behind Polanski, and sign petition urging the Swiss to let him go, and
the L.A. District Office’s to drop the charges? Why does it seem like in this
whole sordid mess, that Seth Macfarlane has been criticized more than Roman
Polanski?
Roman
Polanski is a difficult situation for a film buff like myself. That he is a
genius – one of the best directors in history – in pretty much unquestionable.
Knife in the Water, Repulsion, Rosemary’s Baby and Chinatown are all legitimate masterworks.
His other films include Macbeth, The Tenant, Tess, Death and the Maiden, The
Pianist and The Ghost Writer which are nearly as good as his masterpieces. And
as a Polish Jew, Polanski survived the Holocaust and brutal Communism in his
youth, became a star director, and seemingly had it all when the Manson family
murdered his beautiful wife Sharon Tate and their unborn child. He somehow
managed to get his life together, and continued to work. And then in 1977, he
was arrested for drugging, raping and sodomizing a 13 year old girl who was
working with him on a photo shoot. That Polanski is guilty is not under
dispute. Polanski’s own confession to the crime is fairly brutal. Perhaps
because he was famous, the Prosecutor and the Judge agreed to a deal – Polanski
would spend three months of evaluation at San Quentin prison – at which point,
if they felt he was not a danger, that would be the end of his punishment.
Polanski did the time, but in the days leading up to his court appearance,
where everyone thought Judge Rittenbaum was going to release Polanski, it
became clear that Rittenbaum had other ideas – namely, sentencing Polanski to
years in prison. With this hanging over his head, Polanski fled to France, and
has never returned to America. He has been a fugitive ever since.
This part of the case was
covered in Marina Zenovich’s
excellent 2008 documentary – Roman Polanski: Wanted and Desired. That film did
an excellent job of balancing the horrific nature of Polanski’s crimes and all
the complicated legal proceedings that came after – proceedings in which it is
now fairly clear that both the D.A.’s office and the Judge engaged in inappropriate
behavior – namely, conversing about the case without Polanski’s lawyer present.
What Polanski did was horrific – but he deserved fair treatment by the justice
system, which he felt he wasn’t going to receive so he fled.
Zenovich’s new documentary –
Roman Polanski: Odd Man Out, is about his arrest at the airport in Switzerland
in 2009, where he was going to accept a lifetime achievement award at the
Zurich Film Festival. Oddly, Polanski had been in Switzerland countless times
since fleeing America, and the Swiss never arrested him, and the Americans
never asked them to, even though they do have an extradition treaty. Perhaps
stranger still, the Swiss were the ones who contacted the America about
Polanski’s impending visit – and asked them if they wanted them to arrest
Polanski, which they did. This kicked off a long, 10 month extradition process
– where Polanski had lawyers in American arguing his case, against the L.A.
D.A.’s office – whose argument was that as a fugitive, Polanski had no standing
to file anything – and in Switzerland, where he spent a few months in jail,
before being let go to stay in his chalet in the Swiss mountains until the
Swiss decided what to do with him.
If Wanted and Desired did an
excellent job at balancing the two sides of Polanski’s case – his horrific
crime and the flawed legal proceedings around them, Odd Man Out doesn’t do the
same thing. This film is much more sympathetic to Polanski than the previous
film – in part I think, because as Zenovich has mentioned, her documentary
contributed to Polanski getting arrested in the first place by digging up the
past. Zenovich does have interviews with the victim and her family, who
basically says she has gotten over it and moved on with her life, and is damn
tired of talking about it. Good for her. But the argument about how if the
victim can get over it, so should everyone else have never made much sense to
me. We do not let the victim decide the punishment for the crime for a reason –
and that reason cuts both ways. If she said that we should castrate Polanski
for what he did to her, you wouldn’t find too many people agreeing with her
then, would you?
Odd Man Out is less successful
than Wanted and Desire for many reasons – the biggest being the extradition
case isn’t nearly as interesting as what happened in the 1970s. While there are
conspiracy theories about the Swiss arresting Polanski to get on the America’s
good side as the two countries were fighting about UBS (Swiss Banks) and their
secrecy at the time, that is really all they are – theories. Good theories, but
theories nonetheless. Another reason is because there is precious little
interviews with Polanski himself – which made up quite a bit of time in Wanted
and Desired (these were archival interviews, not ones by Zenovich herself, but
were fascinating just the same). And as mentioned I think Odd Man Out is far
too sympathetic towards Polanski himself. You can argue all you want that he
was treated unfairly in America, and he was treated unfairly by the Swiss –
some of which is undeniably true. But when you get right down to it, Roman
Polanski has now spent a grand total of approximately 13 months in custody –
several of which were under house arrest in a Swiss chalet – for drugging and
raping a 13 year old girl. He is guilty of that. He is also guilty of fleeing
the country unlawfully. His defense attorneys can argue all they want about how
this is a conflict between the people who value the rules and people who value
the context in which those rules were broken. But they have to argue that –
because they cannot argue that Polanski didn’t break the rules. They certainly
cannot argue that Polanski is innocent. And they certainly cannot argue that a
three month stretch in San Quentin for rape of a 13 year old is a harsh enough
punishment. Not many would agree with that one.
Yet while I do not think Odd Man Out is as good as Wanted and Desired, it is still a fine film – and a fascinating one. I do wish that some of the “anti-Polanski” people were given more of a voice, or that Zenovich had pushed his supporters more on what they think about what he did- they seem to gloss over that in their minds, as they never bring it up. But this is still a fascinating documentary about this ever evolving case, always strange case. It appears like the victim has gotten over it and moved on with her life. Good for her. And it appears that Polanski is now a changed man, and is a happy husband and father. Good for him as well. But no matter how much he may have changed, or how bent the justice system is, it doesn’t excuse what he did – just like the fact that Ray Lewis found God and changed his life doesn’t excuse the fact that he was involved in a double murder – no matter how much Baltimore Ravens fans want to believe that. Roman Polanski is a convicted child rapist who spent a few short months in jail for a crime that most others would have served years for. No matter what the legal system has done to him, it doesn’t change those facts. And doesn’t mean you should feel any sympathy for the man in regards to this case. I certainly don’t.