Violent pedophile released in California not required to register as sex offender

Cary Jay Smith, 59, of Costa Mesa, California. [Image credit: Orange County District Attorney's Office]

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59-year-old Cary Jay Smith was sent to Patton State Hospital in San Bernardino in 1999 initially for a 72-hour hold after his wife found a letter in which he described sex acts he wanted to perform on a 7-year-old boy that lived in the neighborhood.

 

He has spent over 20 years in the Coalinga State Hospital despite never officially being charged or convicted of a crime.

 

On Tuesday, July 14th, he was released.

 

“This sexual predator has repeatedly testified under oath that he will re-offend if he is released and we should believe him,” said Orange County District Attorney Todd Spitzer.

 

During his confinement at the hospital, Smith underwent a civil trial every six months to determine whether or not he should be released.  His lack of remorse and unabashed desire to commit more offenses, even preferring to refer to himself as Mr. RTK (rape, torture, kill) prevented his release.

 

According to News Santa Ana, he testified during those cases that "he fantasizes about raping and then killing young boys in order to avoid being identified. He claims that he has killed three boys and molested 200."

 

The hospital however, did not renew the 5300 hold thereby allowing him to be released after it expired on July 11, 2020.

 

"Smith, an unstable individual, has openly made threats to rape and murder children and has stated that he would re-offend upon his release. The fact that he is being released back into our community is unconscionable," Michelle Steel, Chairwoman of Orange County Board of Supervisors said.

 

In 2002 the Orange County District Attorney's office attempted to file 20 felony counts of a lewd and lascivious act with a minor against Smith, but was forced to drop the charges due to the statute of limitations at that time.

 

Smith previously pleaded guilty to a misdemeanor sexual offense, "child annoyance" charge in 1985 where he allegedly paid a child to run naked through a sprinkler..  As a result of that conviction, he was required to register as a sex offender, but that registration requirement was removed in 2005.

 

“If a child predator for years is saying at every hearing he’s likely to re-offend, that should raise red flags, not the green light to allow him back into the community,” Steel said Thursday during a press conference intended to discuss COVID.

 

Costa Mesa Police took to Twitter to notify the residents of the city concerning Smith's presence overnight Wednesday.  They stated that he was, at no time in a residential area and that he left early the following morning.

 

Lynn Rinner, mother of the 7-year-old boy mentioned in Smith's 1999 letter, has initiated a Change.org petition to ask Governor Newsom to reinstate the requirements for Smith to register as a sex offender.

 

“My son was incredibly fortunate to not have been harmed but other children will not be as lucky. There is no question that Smith will offend again,” she wrote in a letter of her own to Newsom when the petition hit 4,500 signatures. “I am appalled at his release and even more so knowing that the safety net that should be in place has been removed. The public is asking — begging — DEMANDING! — that you reinstate his Megan’s Law registration requirement.”

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