BOSTON (CBS) – A convicted sex offender will be allowed out of prison next month because of a mistake involving court paperwork.

Essex County’s District Attorney’s office is blaming a court clerical error while the state’s highest court says prosecutors missed a mandatory filing deadline that could have kept 73-year-old David Gangi behind bars after his prison sentence was completed.

Gangi, a repeat Level 3 sex offender, has been serving time for sexually assaulting a 22-year-old man back in 2005.

Under the law, the state can hold someone past the end of their sentence if the court deems that person “sexually dangerous.”

But, according to a ruling by the state Supreme Judicial Court, prosecutors’ request to hold Gangi past his sentence came too late.

Carrie Kimball Monahan from the Essex County District Attorney’s office says that wasn’t the case.

WBZ NewsRadio 1030’s Karen Twomey reports

“We are disappointed that the court didn’t recognize the extraordinary efforts that the Commonwealth expended in order to keep this case on track,” she said.


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