South Bay judge denies sentencing recall for serial rapist

SAN JOSE — A Santa Clara County judge is upholding the century-plus prison terms of a serial rapist and jail escapee from the 1970s and 1980s after the man gotEric Patrick Martin, 68, has been in California prison custody steadily since 1987, following other prison stints in the previous decade; he twice escaped custody and committed more sexual assaults while he was a fugitive. He is currently serving prison sentences totaling 136 years.

King added that Martin’s prolific criminal history, and his lack of contrition at a 2016 risk-assessment hearing for elderly parole, meant that Martin “still is an unreasonable risk to public safety.” “This court finds credible statements suggesting self-reflection and growing self-awareness to his past criminality,” Williams wrote.Martin served prison time for sexual assaults he committed in the 1970s and early 1980s in Alameda, San Francisco, Ventura and Los Angeles counties.

Martin was arrested in Los Angeles after police tracked the stolen car, but he escaped custody again after first giving authorities a fake name using a driver’s license he stole or found, which led him to be put in minimum-security jail housing. Like in Santa Rita, he faked illness to prompt another hospital trip, then overpowered a deputy transporting him and took their gun away.

Martin appealed; while appeal was underway, the subsequent CDCR secretary, Kathleen Allison, rescinded the department’s recall recommendation for Martin. The appellate court overturned the lower court’s denial on retroactivity grounds and ordered a new hearing to evaluate Martin’s fitness for resentencing on its merits.

Source: Law Daily Report (lawdailyreport.net)

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