Secret testimony given by the original prosecutor in Roman Polanski's 33-year-old sex case will remain sealed, a judge ruled Monday.

Superior Court Judge Peter Espinoza, turning down a request from Polanski's lawyers to unseal transcripts, said there was only one circumstance in which the material would become public. That would be if Polanski returns to the United States for a hearing and the retired prosecutor, Roger Gunson, is unavailable to testify in person.

"We continue to be bogged down in the question of whether he will ever return," said Espinoza.

During a brief hearing, Espinoza presented lawyers with a tentative denial before hearing arguments.

Polanski attorney Chad Hummel tried to change his mind, saying the testimony was potentially crucial to proving Polanski's claim of misconduct by the now deceased judge in his case.

He argued that Swiss authorities should have the testimony to assist in their decision whether to extradite Polanski who is under house arrest in Geneva.