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Arizona appeals judge releases EP with Ben Stiller

An incredible series of events, led the judge to release an unlikely album with one of Hollywood's most recognizable faces.

Judge Peter Swann says he's always wanted to be a bass player, really ever since the age of 12.

The story begins when Swann joined a high school band, that added him more out of necessity, than talent.

“They brought me in, because the really good bass player in our school got sick,” he said.

The band, Capital Punishment, has never played to a live audience.  But in 1982, they recorded a punk rock album titled 'Roadkill.'   The four teens had 500 vinyl records printed, but made virtually no money off their sale, and went their separate ways to college and future careers.

But three decades later,  the owner of an small record label found them album, and liked what he heard.

“He acquired a copy of the record at an estate sale,” Swann said.

The indie label, Captured Tracked, wanted to publish the long lost LP even before they noticed an interesting name in the credits - 'B. Stiller ' on drums.

Which stood for "Ben" Stiller, the now famous actor.

Stiller's first mention of the band came in 2014 on the Tonight Show, when Jimmy Fallon surprised Stiller with one of the songs.

Stiller, who is friends with Swann, spoke more about the album on the Howard Stern Radio Show Tuesday.

“One of the great things, is when you can see somebody be that successful and he’s not changed by it.  He’s still Ben.  He’s a real guy,” said Swann.

Now 'Roadkill' is very much alive.  In fact, the original vinyl became something of a cult hit,  selling for thousands online, Swann said.

To celebrate the album's re-release, the label asked to group to cut a couple new tracks, 36 years later after their original studio session.

“To have it for something you did 35 years ago is kind of nuts.  But it’s been a really fun little ride," said Swann.

Meantime, the judge says he doesn’t expect his newest gig to replace his main one on the court, but he does hope it breaks down some stereotypes.

“People do tend to think that judges are these stodgy, distant, scary people, and in fact they are just human beings like the rest of us.  And if I can make that point evident to people I hope that will increase their appreciation of the judiciary,” Swann said.

The new E-P, 'This is Capital Punishment', features five new songs and will be released for digital download on Black Friday.

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