When this became apparent, Polanski fled the country for Europe.
Filmmaker Roman Polanski is reportedly seeking to return to the United States on the condition of a successful plea deal that will see him serve no further jail time over a historic underage sex conviction.
Polanski, who has Polish and French citizenship, admitted having unlawful sex with a minor, or statutory rape, and spent 42 days in Chino State Prison before being released.
In a letter dated February 6, attorney Harland Braun asked Judge Scott Gordon to unseal the 2010 testimony of Deputy District Attorney Roger Gunson, who was the prosecutor on the rape case.
But, in 1978, he fled to France, convinced a judge was going to scrap the plea deal and hand him a hefty prison sentence.
Mr Braun contends Mr Gunson's testimony might help Polanski's argument that he has already served his time in the 1977 case by spending more than 300 days in jail and house arrest in Switzerland during a failed extradition effort in 2010. 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.
Officials ID bodies found near Deer Creek outside Delphi
It is unclear who discovered the bodies, but they were discovered on Tuesday about half a mile from the Monon High Bridge . Multiple agencies joined the search for the girls on Monday and Tuesday including a dog unit and a dive team.
Samantha Geimer, Polanski's then 13-year-old victim (she's now in her 50s), has repeatedly called for the case to be dropped.
In Switzerland, Polanski spent an additional 334 days in custody as authorities attempted to extradite him to the U.S.
It could mean Polanski can return to the U.S.as a free citizen, not a fugitive, and resolve the case.
His second wife, actress Sharon Tate, was a Manson Family murder victim in 1969, at the age of just 26.
According to TMZ, The Pianist director is aiming to bring legal proceedings to a close in order visit his actress daughter Morgane Polanski, who stars in the History Channel TV show Vikings, in the United Kingdom and the grave of his wife, Sharon Tate, who was murdered by followers of cult leader Charles Manson in 1969.
The multi-awarded director is known for films such as "The Pianist" and "Chinatown".