The Attorney General's Office agreed on Friday with Orange County District Attorney Todd Spitzer that Cary Jay Smith, who was recently released from a state mental health clinic and ended up on the Costa Mesa, must register as a sex offender.
Smith, who is being examined in a psychiatric facility in Costa Mesa after moving to four districts in southern California since his release, could be reread to a psychiatric hospital, Spitzer told City News Service.
"You could sign up again or release him," said Spitzer. "But at least we now know where he is."
This is because the attorney general's office agreed to the analysis from Spitzer's office that Smith was wrongly told that he no longer had to register as a sex offender. Governor Gavin Newsom enacted an executive order that prosecutors supply Smith with paperwork and require him to register as a sex offender, Spitzer said.
"You checked the paper we submitted and agreed to register," said Spitzer.
Smith's court record for a conviction in 1983 had been deleted, but in another case from the mid-1980s, there was evidence that he was convicted of a sex crime that forced him to stand up for the rest of his Registering life as a sex offender. Spitzer said.
Otherwise, the accused no longer need to register as sex offenders for the crime for which they were convicted, Spitzer said.
"The bottom line is that he has to register at least now," said Spitzer.
According to Attorney General Xavier Becerra's letter, the Orange County Supreme Court "informed" his office that "no criminal records were found regarding this person."
Becerra said his office had worked "diligently" to obtain documents related to Smith's criminal history and received a record confirming Smith's obligation to register as a sex offender.
Smith showed up in Garden Grove on Monday and then moved to Santa Ana, but moved to a facility in Costa Mesa on Wednesday. It was his eighth ward since he was released from Coalinga State Hospital on July 14th.
Smith was followed by protests wherever he landed, including stays in the Orange, Riverside, and San Diego counties.
Smith spent 21 years at Coalinga State Hospital because he openly dreamed of raping and killing children.
"When the state hospital did not renew the commitment, it found that Mr. Smith was no longer a danger to others," said Smith's lawyer Staycie Sena in a statement. "He has been treated for decades. We have to trust the rehabilitation process.
"Mr. Smith is under constant police surveillance, works fully with various law enforcement agencies, and works with mental health professionals to ensure community safety."
Sena emailed the City News Service that the demonstrators who had gathered outside of various locations where Smith was staying were putting public safety at risk.
"Please understand that continuing the persecution will contribute to a potential disaster in the community," said Sena. "He is closely monitored by law enforcement officers and works closely with mental health professionals.
"Sharing your whereabouts so that angry crowds emerge is of no benefit to anyone and only increases the risk of harm to the community."
After being released from the state hospital, Smith stayed one night in Los Angeles before heading to Orange, where he checked into a house halfway on July 16, said Sgt. Phil McMullin of the Orange Police Department.
Spitzer and Orange County's board of directors, Michelle Steel, made a statement to Smith last week and sent a letter to Newsom asking for help to find out why, despite a 1985 conviction and commitment, Smith ceased to be was required to register as a sex offender.
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.
Smith was sent to Patton State Hospital in San Bernardino for psychological reasons in 1999 when his wife gave a psychiatrist a letter that her husband wrote describing the sexual acts he envisioned with a 7-year-old boy in his To commit neighborhood on the Costa Mesa. according to the prosecutor.
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.
During the hearings, however, he said he continued to dream 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. "