Cary Jay Smith, 59, of Costa Mesa, California has been living in state institutions since 1999 after his wife supplied police with a paper he wrote about the unspeakable acts he wanted to perform on a seven-year-old boy who lived in the area.
He has been eligible for a trial every six months in an attempt to be released.
But at each hearing, Smith told the board that if he was released, he would offend again. He claims that he has molested over 200 boys and killed three of them. He prefers to go by the name of Mr RTK, which stands for Rape, Torture, and Kill.
He is a man who should never again be allowed to walk free but sadly, he will be free soon, because the hospital where he has been staying forgot to renew his hold.
He no longer even has to register as a sex offender, so his neighbors won’t have a clue. At least not until it is too late.
Orange County Board of Supervisors Chairwoman Michelle Steel said:
“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.”
District Attorney Todd Spitzer says that Smith says he will re-offend and that everyone should believe him. As indeed we should. I don’t know if he has done half the things he claims he has but just the fact that he has thought about doing them is reason enough that he should never be free.
Following a misdemeanor sexual offense against a child in 1985, Smith was required to register as a sex offender. As of 2005, he no longer had to register as a sex offender but remained in a state hospital.
Steel and Spitzer have asked Newsom to reinstate the sex offender registration requirement for Smith.
Prosecutors were forced to dismiss 20 felony counts of lewd and lascivious acts with children filed against Smith by the Orange County District Attorney’s Office in 2002 because of the statute of limitations at the time, the DA’s office said.