The judge overseeing the case, Justice Gustin L. Reichbach of State Supreme Court, has told prosecutors to show good cause for delaying prosecution of the case, and has already dismissed the charges against another man, John Sinagra, because of the delay.
The four that signed so-called delayed prosecution agreements — Biomet, DePuy, Smith & Nephew and Zimmer — have been promised that the criminal cases filed against them in September will be dropped a year from now if they live up to compliance procedures in their agreements.
When Justice DiMango took charge of her courtroom on the third floor of the Bronx County Hall of Justice, she found herself in the epicenter of delayed prosecutions and their repercussions.
Military defense lawyers said that although the ruling was limited to one case, they expected the issue to be raised in other cases, potentially delaying prosecutions, including the death-penalty prosecution of six detainees at Guantánamo Bay, Cuba, for the Sept. 11 attacks.
The delay for prosecution is one year for a ticket, three years for an offense, and ten years for a crime," Lumbroso said.
The fact that Polanski himself is the reason for the 32 year delay in prosecution is completely lost on Polanski's apologists.
Tory MP Michael Ellis said: "Do you accept that it is not in the administration of effective justice that there be a seven-year delay before prosecutions are pursued, if prosecutions are going to be pursued...It's a given isn't it?" Mr Graham replied: "Of course it's a given".
Tom Raynes, the executive director of the Colorado District Attorneys Councill, said the new system has led to extensive delays in prosecution that he called "a disservice, we think, to victims, to the public and frankly, we think, to the defendant".
