Attorneys for filmmaker Roman Polanski have a new strategy for finally closing the 1977 case that keeps the Oscar winner from the U.S. and other countries that have an extradition treaty with the U.S.

The legal team is citing prosecutorial misconduct in the case, criticizing the way the Los Angeles County district attorney’s office and judges have handled it. According to The Los Angeles Times, the 133-page motion was filed on Monday.

They are specifically going after the DA’s latest attempt to have Polanski extradited back to the U.S. In October, Polish authorities questioned Polanski, but ultimately decided not to arrest him or send him back. Polanki’s lawyers say that this was because that extradition request didn’t mention that Polanski served prison time back in 1977, which was a mistake by the DA.

Polanski did spend 42 days under psychiatric testing at the time. At the time, the prosecutor and the defense attorney believed that this counted as Polanski’s sentence. However, Monday’s filing alleges that the judge handling the case at the time had a private, off-the-record meeting with Polanski’s attorney and the prosecutor to tell them that Polanski needed to serve a full 90 days and would have to leave the U.S. or face more punishment.

Now, Polanski’s attorneys say that this was misconduct by the judge, who they claim didn’t have the right to force him to leave.

Polanski was charged with raping and sodomizing a 13-year-old girl. He plead guilty to a count of statutory rape. After the 42 days under psychiatric testing, he fled the U.S.

image courtesy of INFphoto.com