According to the court, the General Law "provides for the commitment of persons found to be sexually dangerous," Commonwealth v. Alvarado, 452 Mass. 194, 195 (2008). It also, however, must strike "a balance between the public interest and a defendant's substantive due process rights," Commonwealth v. Parra, 445 Mass. 262 (2005). These are "strict procedural deadlines," the court stated, and "The Commonwealth concedes that the period of Gangi's commitment (from) the finding of probable cause and the petition for trial exceeded the sixty-day statutory maximum."
The court concluded that, "Because 'extraordinary circumstances' are not present, we do of consider whether the sixteen extra days of... confinement constitute a 'very brief' delay…. Confinement without legal justification is never innocuous," Commonwealth v. Kennedy, 435 Mass. 527 (2001). As a result, the prisoner was ordered released from the custody of the Commonwealth. See: Gangi v. Commonwealth, 462 Mass. 158, 967 N.E.2d 135 (Mass. 2012).
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Related legal case
Gangi v. Commonwealth
|Cite||462 Mass. 158, 967 N.E.2d 135 (Mass. 2012)|
|Level||State Supreme Court|