Judging Freedom - How Does a Dangerous Felon Get Let Out SIX YEARS Early
Episode Date: April 6, 2022...
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Hello there, everyone.
Judge Andrew Napolitano here for Judging Freedom.
Today is Wednesday, April 6th, 2022.
It's about 4.30 in the afternoon on the east coast of the United States.
I just made this announcement, but I'm so happy about it, I want to make it again.
This Tuesday, April 11th at 1245 in the afternoon,
as one of our regular viewers just reminded me,
the Thomas Jefferson of our age will be a guest on Judging Freedom.
Former Congressman and noted physician, Dr. Ron Paul,
my longtime friend, my ideological hero.
It's an absolute thrill for me to have him on the show.
Like and subscribe.
Like this show and subscribe to it
and get your friends and relatives to do the same.
It broadens our reach.
And watch us Tuesday, April 12th at relatives to do the same. It broadens our reach. And watch us Tuesday,
April 12th at 1245 in the afternoon, where I get to interview my hero, Congressman Ron Paul.
Now to the issue of the day. You probably never heard of this guy. I never heard of him either.
You can't make this name up. Smiley Martin. Smiley Martin is a 27-year-old who was just arrested in the assassination-like killings
of six young people outside of the nightclub in Sacramento, California over the weekend.
His brother was also arrested, but the brother has not yet been charged. Six people killed,
12 people injured, 70 shots fired in 54 seconds. They obviously knew how to use the weapons. One of the weapons he had with him was a machine gun. Yes, an old-fashioned machine gun, unlawful in the United States for anyone, even the police and the military, since 1934. But that's not the point here. The point here is this guy was
sentenced to 10 years in a California prison for armed robbery, and the parole board let him out
after four years. Now look, in my career, I've sentenced more than a thousand people
for every type of crime you can imagine except for treason, from torture and murder down to jaywalking.
I usually don't sentence anybody to jail for jaywalking, but everything in between.
Once you sentence that person, their situation is out of your hands.
It then goes from you, the judicial branch of the government, to the executive branch of the government under the governor, which operates the prisons.
In the executive branch of the government is the parole board.
Again, it has nothing to do with the judiciary.
The judge usually isn't even told that somebody he sentenced to 10 years in jail is now seeking parole after just four, particularly in a crime
of violence. The courts will surely, or the press will surely, using the California version of the
Freedom of Information Act, I hope they do, get their hands on the parole hearing. And what this
fellow Smiley Martin said to persuade the parole board, and what the parole board said,
it thought it was doing consistent with California law, to let this guy out of jail after just four years. Look, a lot of things went wrong here. This fellow is a career criminal. The
parole board should have known that. California does not allow ordinary citizens to carry guns.
If it did, he would have been stopped long before he killed
six people. There's a lot of factors, legal, constitutional, moral, and cultural here.
But what is getting under people's skin is, how does an armed robber and a career criminal get
off with serving just four years when he was sentenced to 10? The system in which I served
in New Jersey, you have to serve 85% of your time,
no matter how good you are, how compelling the reason is for you to leave jail. Same in the
federal system. You serve 85% of your time. Obviously, that is not the case in California.
And obviously, a big mistake was made here. And I encourage my colleagues in the press
to get their hands on those parole documents and find out what went wrong.
And I also encourage my friends in California, get rid of that governor.
Get rid of a legislature that's afraid to let you protect yourself.
Judge Napolitano, judging freedom. This podcast is sponsored by Talkspace.
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