Roman Polanski's three decade old criminal case to return to LA

Roman Polanski's criminal case will be exhumed in a Los Angeles court this week.

A court spokesman said a hearing would be convened on Wednesday following a failed attempt by lawyers for Polanski to seek dismissal of the case involving charges the director had unlawful sex with a minor in 1977.

Polanski remains under house arrest in Switzerland, where he convinced authorities he was not a flight risk on the provision of a $4.5million cash bail. The Swiss have yet to decide on an extradition request from the US.

But the California state appeals court has already ruled out any argument on Polanski's behalf in his absence.

Polanski's attorney, Chad Hummel, was not immediately available for comment. The Oscar-winning director fled to France on the eve of sentencing on a score of felonies in 1978 after spending 42 days at a California prison for a psychiatric evaluation.