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attorney, Martin has already served “far in excess” of the time required for parole eligibility on a single count of arson. “1 know of no way we can hand time back to Mr. Martin,” Albrecht said, indicating he may come back before the court with a bond request prior to his client’s second trial.
Baumgardner objected to the defendant “being released in this community" before the outcome of the expected second trial. He emphasized that Martin had been found guilty by a jury which recommended he serve time in the state penitentiary. The commonwealth’s attorney maintained that the convicted arsonist should at least go through the prison system with his eligibility for parole ruled on by a parole board, not the judge.
Robertson acknowledged that he has some jurisdiction over Martin while the
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