Whitney Pastorek
May 10, 2010 AT 11:25 PM EDT

According to the Associated Press, the judge in the ongoing Roman Polanski trial has refused to unseal secret testimony from the original prosecutor in the 33 year old case. Although Polanski’s attorney argued that the testimony proves misconduct by the original (now-deceased) judge, Superior Court Judge Peter Espinoza declared today that the testimony from retired Deputy District Attorney Roger Gunson could not be released unless Polanski returns for a hearing and Gunson can’t testify in person.

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