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Mercury News: 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 got an unusual chance for resentencing through an anomalous series of state actions and court rulings.

Eric 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.

“Nothing exists in the record before this court that demonstrably show that the circumstances surrounding the petitioner have changed since his original sentencing,” Superior Court Judge Benjamin Williams wrote in a written decision published Thursday. “Therefore, this court finds that the petitioner continues to pose an unreasonable risk to safety.”

In a statement, the Santa Clara County District Attorney’s Office lauded the ruling.

“We are grateful that the court heard our arguments, considered both sides, and came to a well reasoned decision to deny recall to Mr. Martin,” the statement reads.

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