SANTA ANA (CBSLA) – Orange County District Attorney, Todd Spitzer, and district chairwoman Michelle Steel want Governor Gavin Newsom to intervene in the release of a man they say is a sexual predator.
Cary Jay Smith, 59, is slated to release in Orange County this week. He was brought to Patton State Hospital in San Bernardino in 1999 after writing a letter describing the sexual acts he was attempting to perform on a 7-year-old boy who lived in his neighborhood on the Costa Mesa.
"I'm so sad and I'm so angry," said Lynn Rinner, the boy's mother. "There are too many children at risk. This guy … it's not" whether "he will insult. He will insult again."
According to prosecutors, Smith has been in state ownership since 1999 after deciding to impose “a proven risk of significant physical harm on children”. Smith's custody is reassessed every six months, and officials say he has repeatedly testified during these hearings that he dreams of raping and then killing boys. He has also claimed to have killed three boys, molested 200, and prefers to use the name Mr. RTK, an acronym that stands for "rape, torture, killing."
"This sexual predator has repeatedly sworn under oath that if he is released, he will be insulted again and we should believe him," Spitzer said in a statement.
Smith had to register as a sex offender after pleading guilty to sexual offense with a child in 1985. This registration requirement was canceled in 2005 and Steel and Spitzer are asking the governor to reinstate it.
The arrest of Smith was allowed to expire on Saturday. Smith is expected to return to Orange County, where he used to live and still have connections.
"The fact that he will be released back into our community is incomprehensible," Steel said in a statement. "We need to take this threat to our community very seriously and ensure that everyone in Orange County is aware of the serious threat this person poses to our children."