That's when Polanski fled the USA for Europe.
His victim, Samantha Geimer, who has publicly identified herself in court filings, interviews and a memoir, has said she forgives Polanski and has repeatedly called for the case against him to be dismissed. The judge for the case later claimed he never signed off on the deal.
Polanski, 83, spent 42 days in Chino State Prison and was released.
Mr Braun has written to Los Angeles County Superior Court judge Scott Gordon to unseal a secret transcript of the testimony of the prosecutor in the Polanski case, which he believes will confirm the deal.
It says his case can not be resolved until Polanski, who has both French and Polish citizenship and lives mostly in Paris, returns to California to face justice.
The director, who has Polish and French nationality, said Judge Rittenband reneged on the deal and insisted Polanski should spend 50 years behind bars. He was arrested in Switzerland in 2009 on a USA extradition request and spent 10 months under house arrest before Bern rejected the U.S. order.
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Polanski claims the time in state jail along with nearly a year he spent on remand in Switzerland while fighting extradition more than covers the original 48-day term stipulated in the deal. He wants to freely travel in Europe and visit Tate's gravesite at Holy Cross Cemetery in Culver City.
The 83 year old director, who won awards and acclaim for Chinatown, Rosemary's Baby and The Pianist, has been a fugitive from the United States for almost four decades, living between France and Poland in the intervening time.
His second wife, actress Sharon Tate, was a Manson Family murder victim in 1969, at the age of just 26.
Fugitive movie director Roman Polanski plans to return to the United States, his lawyer said Thursday, and is seeking assurances he will do no further jail time over the statutory rape of a 13-year-old girl.
The multi-awarded director is known for films such as "The Pianist" and "Chinatown".