The legal team working on Roman Polanski’s rape case have filed a second appeal on behalf of their client in an L.A. court.

The new appeal, made yesterday, accused the prosecutor of being aware of misconduct by the judge in the original 1977 case that found Roman guilty of having sex with a 13-year-old girl. According to court documents, former Deputy District Attorney Roger Gunson gave secret testimony earlier this year, admitting to the judge’s misconduct.

Roman’s lawyers are now requesting that an investigation be launched into the allegation.