By Lynette Rice
Updated May 08, 2009 at 06:09 AM EDT

Variety is reporting that a Los Angeles judge denied a request today to throw out a three-decades old conviction against Roman Polanski for having sex with a minor because the director refused to personally appear in court. Polanski’s attorney had tried to argue that the director’s presence in the court was irrelevant to the dismissal motion. The recent HBO documentary Roman Polanski: Wanted and Desired revealed new information about possible judicial misconduct in Polanski’s original trial, resulting in the latest proceedings. The 75-year-old Polanski, who lives in France, is considered a fugitive for fleeing the country following his 1977 conviction for unlawful sexual intercourse.

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