Mandi Bierly
March 19, 2010 AT 04:00 PM EDT

Roman Polanksi’s lawyers filed an appeal Thursday asking that a special counsel be assigned to investigate alleged judicial and prosecutorial misconduct in his original case, The Associated Press reports. They claim former Deputy District Attorney Roger Gunson, Polanski’s prosecutor over 30 years ago, has testified that he tried to disqualify the judge, now-deceased Superior Court Judge Lawrence Rittenband, in 1977, but his supervisors prevented him from filing the paperwork after consulting with Rittenband. Rittenband’s alleged misconduct was his “alleged intention to use a 90-day ‘diagnostic study’ in state prison as a complete sentence for Polanski although that section of the penal code was not intended to be used for sentencing,'” AP says.

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