A prosecutor filed papers Tuesday urging a judge to ignore Roman Polanski’s request for a dismissal of a 30-year-old child sex case until the Academy Award-winning director returns to the United States and submits to the California justice system.

On Monday, attorney Chad Hummel filed two documents with the Los Angeles Superior Court outlining all the reasons why that court should be disqualified from weighing the director's decades-old case.

It’s been three decades since acclaimed film director was accused of having sex with a minor. Moreover grand jury hearings in 1977 provided details of a photo shoot in which the young girl was given champagne and part of a Quaalude pill, was told to disrobe and was subjected to oral copulation, forced intercourse and sodomy by Polanski. The film-maker, 75, fled the United States after pleading guilty in this case.

His lawyers, prompted by a recent documentary alleging judicial and prosecutorial misconduct, filed a motion in December to dismiss the case. A hearing on the motion to drop the case is set for January 21. The District Attorney's Office filed its formal response on Tuesday opposing a dismissal.
The court also thinks that it is Polanski’s duty to come to court personally in order to pursue dismissal. The remark angered Polanski's attorneys, who have suggested that the presence of the director is not required. He would face arrest upon arrival.

A citizen of his native France, Polanski cannot be extradited but faces arrest as a fugitive from justice the moment he sets foot back on U.S. soil. Nevertheless the victim, now a 44-year-old woman, has said she never wanted Polanski to go to prison and feels the case should be dismissed. Moreover there have been repeated efforts since then to clear the case and enable Polanski to return to the U.S. and make films in Hollywood.