COSTA MESA, Calif. — A district attorney and a county board of supervisors chairwoman are calling on California Gov. Gavin Newsom to intervene to stop the release of a man from a state hospital.
CBS Los Angeles reported that Cary Jay Smith, 59, is set to be released this week from Patton State Hospital. The Orange County District Attorney's Office said Smith was sent there in 1999 after writing a letter describing thoughts of kidnapping and doing sexual acts to a 7-year-old boy who lived in his neighborhood. At the time, he was found to present a “demonstrated danger of inflicting substantial physical harm” to kids.
Smith was required to register as a sex offender in 1985 after pleading guilty to a misdemeanor sexual offense involving a child, CBS Los Angeles reported.
The reason why Smith has been kept in a state hospital is because of a court order, which expired Saturday, according to the Orange County Register. The newspaper reported Smith has had court hearings every six months to argue for his freedom, but counsel and health authorities have sought the renewal of the hold each time.
During those hearings, authorities say Smith has testified to fantasizing about raping and killing young boys and claimed to have killed three boys and molested hundreds, CBS Los Angeles reported.
"This sexual predator has repeatedly testified under oath that he will re-offend if he is released and we should believe him," Orange County District Attorney said in a statement to the news station.
With the hold already expired, Smith is expected to return to Orange County, where he used to live.
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