A convicted sex offender, who was recently released after about 20 years in a state mental hospital, has settled in an orange mental hospital, the police said on Friday.
59-year-old Cary Jay Smith, who was discharged from Coalinga State Hospital on Tuesday, stayed one night in Los Angeles before heading to Orange, where he stayed at an adult complex in the United States at around 6:30 p.m. Checked in near Tustin Street and Chapman Avenue. Thursday said Sgt. Phil McMullin from the Orange Police Department.
Orange County District Attorney Todd Spitzer and Orange County Board Chair Michelle Steel issued a press release about Smith earlier this week and sent a letter to Governor Gavin Newsom asking for help to find out why Smith no longer had to be registered as a sex offender despite everything, a belief and obligation to do so in 1985.
Newsom's office referred questions to the Department of State Hospitals. Ken August of the Department of State Hospitals said state and state data protection laws prohibited the department from commenting.
Smith has relatives who live in Orange but don't stay with them, McMullin said.
"It's not under lock and key," McMullin said of the facility. "He can come and go as he likes."
Smith seemed "very mild and passive" when McMullin spoke to him last night.
State and Orange County Health Care Agency officials referred Smith to the facility. The police warned the facility administrator of Smith's past, but he was accepted.
Police are keeping an eye on Smith and will try to move him, McMullin said.
Residents have been warned not to contact, confront, or "attempt to arrest" Smith, who is not seeking a crime, is not on probation or on probation, and does not need to register as a sex offender, McMullin said.
Smith pleaded guilty to a crime against a child in 1985 and asked him to register as a sex offender for the rest of his life, Spitzer said.
In 2005, however, this requirement was lifted for an unknown reason, Spitzer said.
"We need to take care of it and know why he's no longer a lifetime," said Spitzer, referring to the code in the law that sex offenders must register with the authorities so that they can be prosecuted.
"We believe he is a lifelong registrant," said Spitzer.
In 2002, prosecutors tried to indict Smith for sexually assaulting a 13-year-old, but the case was dismissed because of a statute of limitations issue, Spitzer said.
Smith was admitted to Patton State Hospital in San Bernardino for psychological reasons in 1999 when his wife gave a letter to a psychiatrist that her husband wrote, describing sexual acts, of which he was with a 7-year-old boy in his neighborhood Costa Mesa fantasized about prosecutors.
The state detained him in a state hospital under a civil obligation that, according to the prosecutor, led to a risk to children. According to this law, he had the opportunity to apply for legal release every six months.
But during the hearings, he testified that he still dreams of sexually assaulting and killing boys, the prosecutor said.
"He calls himself Mr. RTK," which stands for rape, torture, killing, said Spitzer. "I think that held him in. He says," If you don't cut my penis and hands, I'll bother you again. "" "
Spitzer said he had no real connection to the case because it was a civil obligation, but wanted to warn the public of the potential danger.
"It is only very annoying and annoying for me that one of the governor's departments released a man who is such an aberration and runaway and does not advise the public," said Spitzer.
"This is crazy for me. The only thing I can do under the law is to warn people and get his picture out and raise awareness of him, but I can't do much else."
It was the district attorney's office that was authorized to appeal Smith's release, but apparently this time it was not notified and the arrest against him expired on Saturday, Steel and Spitzer said in their letter to Newsom.
Spitzer said his office contacted the Attorney General's Office to determine why the sex offender's registration was lifted and whether it could be reinstated.