COSTA MESA (CBSLA) — The California Attorney General’s Office Friday agreed with Orange County District Attorney Todd Spitzer that Cary Jay Smith must register as a sex offender.
Smith, who was recently released from a state mental health hospital, was being evaluated Friday at a mental health facility in Costa Mesa after moving through four Southern California counties. Pending the results of the evaluation, Smith might be re-admitted, according to Spitzer.
However, even if Smith is released from the facility, he will once again have to register as a sex offender after Gov. Gavin Newsom issued an executive order that state prosecutors serve Smith with the necessary paperwork, Spitzer said.
“They reviewed the paper we submitted, and agreed he has to register,” Spitzer told City News Service.
According to Spitzer, Smith’s court files for a 1983 conviction had been expunged, but there was still paperwork in another case from the mid-1980s that showed he was convicted of a sex crime that would require him to register as a sex offender for the rest of his life.
“The bottom line is at a minimum he will now have to register,” Spitzer said.
Smith spent 21 years at Coalinga State Hospital for openly fantasizing about raping and killing children before being released July 14.
“In not renewing the commitment, the state hospital determined that Mr. Smith was no longer a danger to others,” Smith’s attorney, Staycie Sena, said in a statement. “He has received decades of treatment. We must trust the rehabilitative process.
“Mr. Smith is under constant police surveillance, is cooperating fully with various law enforcement agencies and is working with mental health professionals to ensure the safety of the community.”
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)