How “human error” led to Richard Gardners release from prison

By Ana Bottary


The Plymouth county DA’s office sighting a human error, when explaining why Richard Gardner wasn’t committed after his release from prison earlier this month. Gardner was sentenced to 190 years in prison; he only served 28 before he was released.

The DA’s office says it was never part of Gardner’s probation to be sent to a mental health facility once released, but because Gardner is a level 3 sex offender they could have applied to have him civilly committed.

They learned about his release date back in April, but they never applied.
That process, according to the DA’s office is a lengthy one.

Two doctors are needed to testify that the convict is in fact sexually dangerous or in danger of re-offending, and then a judge or jury needs to rule in the DA’s favor. That’s why when we learned last week about the "human error"… Officials weren’t able to immediately take him back into custody.

(c) WLNE-TV 2016