Ravi Could be Released Tuesday; Prosecutors Fighting for Harsher Sentence

Middlesex County Prosecutors argued the 30-day jail sentenced handed down to Dharun Ravi for spying on Rutgers roommate Tyler Clementi was "illegal," according to published reports. The claim comes just days before Ravi is scheduled to be released from the Middlesex County jail.

Superior Court Justice Glenn Berman on May 21 , three years of probation and community service after the native of India was convicted on 15 charges related to spying on his gay roommate, Clementi, as well as Clementi's lover, in fall of 2010. Clementi days after Ravi attempted to hold a "viewing party" of the couple having sex.

First Assistant Prosecutor Julia McClure this week said the sentencing laws "do not permit a judge to dismiss mandates established by the legislature," northjersey.com reported.

Prosecutors have recommended Ravi serve five years in prison for his actions.

Ravi's attorneys also appealed Berman's controversial sentence but opted to have Ravi serve his jail sentence beginning May 31. With good behavior, Ravi should be out by Tuesday, the AP reported.

Clementi's family has also pressed for prison time for the 20-year old computer whiz, claiming justice has not been served and the sentence needs to reflect a deterent for future bullying incidents. They also sharply criticized an apology issued by Ravi, calling it a "public relations" move and not a sign of remorse.

Ravi was not charged in Clementi's death. He could still be deported to India, though Berman recommended he be allowed to stay stateside after completing his jail sentence.

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