"It's hard to contest some of the behavior in the do entary was misconduct," Espinoza said. But he declined to dismiss the case entirely.
Geimer is among those calling for the case to be tossed out. She filed court papers in January saying, "I am no longer a 13-year-old child. I have dealt with the difficulties of being a victim, have surmounted and surpassed them with one exception.
"Every time this case is brought to the attention of the court, great focus is made of me, my family, my mother and others. That attention is not pleasant to experience and is not worth maintaining over some irrelevant legal nicety, the continuation of the case."
Geimer, now 45, married and a mother of three, sued Polanski and received an undisclosed settlement. She long ago came forward and made her iden y public -- mainly, she said, because she was disturbed by how the criminal case had been handled.