LOS ANGELES (CBSLA.com) — Attorney’s for film director Roman Polanski Monday filed court papers alleging prosecutorial misconduct in an effort to get charges against him dropped.

Polanski was charged in 1977 with raping and sodomizing a 13-year-old girl during a photo shoot. He agreed to plead guilty to one count of statutory rape and served 42 days in state prison for psychological testing.

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Polanksi fled the country for France the night before sentencing after he learned the judge planned to give him additional prison time beyond what he already served.

Monday’s court filing alleges that district attorneys and judges carried out “serious misconduct” in an effort to prosecute Polanksi, the LA Times reported.

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The motion is centered around an October attempt to arrest the director while he was at a museum in Warsaw, Poland.

His attorneys say the extradition request omits that he served court-ordered prison time because prosecutors were trying to align the case history to meet the criteria of an extradition treaty between the United States and Poland, according to The Times.

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