A California judge yesterday refused to approve a request filed by director Roman Polanski’s lawyers to have his child sex case dropped as long as he is still a fugitive.

The 75-year-old famed moviemaker, who pleaded guilty to having sex with a 13-year-old girl in 1977, must appear in court personally to have his motion considered.

After watching the HBO documentary on the Roman Polanski case, “Roman Polanski: Wanted and Desired,” which aired in June, Superior Court Judge Peter Espinoza agreed there was misconduct by the now-deceased judge who arranged a plea bargain but reneged on it.

The judge said he would be willing to reconsider his decision only if Polanski, who fled the United States for France in 1978 after pleading guilty to unlawful sex with an underage girl charges, returned to a Los Angeles courtroom by May 7.

“Having reviewed all the evidence in this case, there was substantial misconduct that occurred in the pendency of this case,” said Espinoza. But he said that if Polanski wants a ruling on that underlying issue, “He just needs to submit to the jurisdiction of this court.”

The filmmaker’s team of lawyers filed a motion in December 2008 requesting that the charges against their client be dismissed based on new evidence provided by the June documentary. The same motion also argued that Polanski should not be required to return to the United States to appear in court for the dismissal motion to be considered.

The woman named as the victim in the 1970s case has also joined the defense team in urging the judge to dismiss the case.

Claiming the Polanski case details published in the press are a constant reminder of her trauma over 30 years ago, Samantha Geimer insisted in a written declaration to the court in early January that she wants the charges against Polanski dropped.

 “I was the 13-year-old girl Roman Polanski took advantage of on March 10, 1977,” Geimer, now a 45-year-old wife and mother-of-three, wrote. “I have urged that this matter come to a formal legal end. I have urged that the district attorney and the court dismiss these charges.”

She insisted that the continued publication of those details harmed her, her husband, their children and her mother adding that she feels like a victim of the actions of the Los Angeles Deputy District Attorney David Walgren who last week filed a motion describing the incident in graphic detail in court papers for the first time.

However, Judge Espinoza agreed with the prosecutors, who have long maintained that Polanski has no standing to reopen his case while he is a fugitive.

Currently an established French citizen, Polanski fled the United States on the eve of sentencing, after pleading guilty to sexual misconduct. He was originally indicted on six charges, including rape, for having sex with a 13-year-old girl after plying her with champagne and drugs.

Polanski has since made a life for himself in France where he was born and cannot be extradited. He has been married for nearly two decades to actress Emmanuelle Seigner, with whom he has two children.