Mercury News: South Bay court weighs unusual resentencing bid from serial rapist

SAN JOSE — Through an irreplicable sequence of administrative actions and court rulings, a man sentenced to more than 100 years in prison for a prolific string of rapes, robberies and jail escapes across California in the 1970s and 1980s has a legitimate chance to get his sentence recalled by a South Bay court.

Eric Patrick Martin, 68, appeared via video call Tuesday in the courtroom of Santa Clara County Superior Court Judge Benjamin Williams, who heard arguments from the Santa Clara County District Attorney’s Office and Public Defender’s Office over whether Martin deserves to be released from prison.

A chance recommendation

The road to this point has been acknowledged by both sides as unique. Martin was evaluated for elderly parole in 2016 after he turned 60, but his evaluation, known as a Comprehensive Risk Assessment, ended with the state parole board denying him further parole consideration until 2031.

But three years later, the administration of Ralph Diaz, then-Secretary of the California Department of Corrections and Rehabilitation, recommended that Martin’s sentence be recalled because of Senate Bill 1393, a 2019 change in state law that gave sentencing judges the discretion to dismiss previously mandatory 5-year prison enhancements for prior convictions.