WARWICK, RI — A convicted child rapist will be held without bail after allegedly violating his probation last week.
Richard Gardner appeared in Rhode Island court Wednesday after being arrested in Boston last Friday.
The week before, the level three sex offender allegedly violated his probation by going to a library in Quincy, which Quincy ordinances say that sex offenders cannot go to without prior approval.
FOX25 was in court and will have full details on FOX25 News at 4.
In court, a public defender, Melissa Braatz, argued that Rhode Island AG is incorrectly classifying the library as a place frequented by children. The specific condition mentioned places like playground, dances, public swimming pool or ice rink, or other places that cater entirely to children.
"If Mr. Gardner isn't allowed at the public library, is he then not allowed at the Barnes and Noble up the road because there is a children's area?" Braatz said.
Gardner was released from prison at the beginning of October after serving nearly 30 years in prison on child rape and kidnap charges. He was originally supposed to serve 190 years in Rhode Island, but the sentence was overturned and he pleaded out.
Since his return to society, many expressed concern; the mother of one of his victim's said that while he walks the streets, no child is safe.
There was an option to have him civilly committed, which is common for dangerous sex offender, but due to "human error
The judge said that based on Gardner's history, he is dangerous, so bail wouldn't be decided until a probation violation hearing.
The probation violation hearing is scheduled for Nov. 1.
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