Judge Andrew Napolitano discussed the punishment the second New York prison escapee could face today on "Shepard Smith Reporting."

David Sweat was shot near the Canadian border, and captured by police alive yesterday. Escaped convict Richard Matt, 48, was shot and killed by a border patrol agent on Friday in a remote area of Franklin County, N.Y.

Napolitano said the punishment for Sweat's escape is "only whatever the court metes out." 

"That will be determined by a trial, if there is one, I don't think there ever will be one, or a plea deal between the prosecutors and his lawyers," Napolitano stated. 

Napolitano explained the last thing Gov. Andrew Cuomo (D) wants is for a trial to take place. He said a trial would reveal the mistakes the government made in this situation, including why Sweat and Matt were both shot. 

"It's unlawful in the state of New York to shoot at a prisoner and it's always unlawful to shoot in the back," Napolitano stated. "The governor does not want this played out in a courtroom where he can't control what those answers will be."

Watch the video above. 

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