The Lowell Sun
BOSTON — The state’s highest court has handed the keys to the prison cell to a 72-year-old Level 3 sex offender, who prosecutors say should be locked up for life as a sexually dangerous person, but instead will be released from prison due to a 16-day mistake.
In a decision issued Monday, the state Supreme Judicial Court ruled that because David Gangi, formerly of Lowell, served 16 days in prison beyond a mandatory deadline before he was given a sexually dangerous person hearing, the civil committment to petition by the Essex District Attorney’s Office to lock him up for life is dismissed.
“The Commonwealth argues that the delay should be excused, and thus the petition for commitment not dismissed, because the delay was due to an error by the court clerk and the Commonwealth made diligent efforts to meet the statutory deadlines. We do not agree,” according to the SJC’s decision Gangi will be released in 28 days when the SJC’s decision becomes law.
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