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COSTA MESA (CNS) - The state Attorney General's Office Friday agreed with Orange County District Attorney Todd Spitzer that Cary Jay Smith, who was recently released from a state mental health hospital and ended up in Costa Mesa, must register as a sex offender.Smith, who is being evaluated at a mental health facility in Costa Mesa after moving around four Southern California counties since his release, could be re-admitted to a mental health hospital, Spitzer told City News Service."They could recommit him or release him," Spitzer said. "But at least now we'll know where he is."That's because the state Attorney General's Office agreed with the analysis done by Spitzer's office that Smith was mistakenly told he no longer had to register as a sex offender. Gov. Gavin Newsom issued an executive order that state prosecutors serve Smith with paperwork demanding he register as a sex offender, Spitzer said."They reviewed the paper we submitted and agreed he has to register," Spitzer said.Smith's court files for a conviction in 1983 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 required him to register as a sex offender for the rest of his life, Spitzer said.In the other case, the crime for which he was convicted no longer requires defendants to register as a sex offender, Spitzer said."The bottom line is at a minimum he will now have to register," Spitzer said.According to the letter from Attorney General Xavier Becerra, the Orange County Superior Court "informed" his office that "no criminal records were found relating to this individual."Becerra said his office "diligently" worked to obtain documentation of Smith's criminal history and obtained a record that supports Smith's requirement to register as a sex offender.Smith showed up in Garden Grove on Monday and then moved to Santa Ana, but by Wednesday had moved on to a facility in Costa Mesa. It was his eighth stop since being released from Coalinga State Hospital on July 14.Smith was dogged by protests wherever he landed, which included stays in Orange, Riverside and San Diego counties.Smith spent 21 years at Coalinga State Hospital for openly fantasizing about raping and killing children."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."Sena told City News Service in an email that the protesters who have been gathering outside various locations where Smith was staying were endangering public safety themselves."Please understand that by continuing to chase him down, you are contributing to a potential community disaster," Sena said. "He is being monitored closely by law enforcement officials and working closely with mental health professionals."Releasing his whereabouts so that angry crowds appear is not beneficial to anyone and only increases the risk of community harm."Following his release from the state hospital, Smith stayed in Los Angeles for one night before making his way to Orange, where he checked into a halfway home on July 16, said Sgt. Phil McMullin of the Orange Police Department.Spitzer and Orange County Board of Supervisors Chairwoman Michelle Steel issued a statement last week about Smith and sent a letter to Newsom asking for help researching why Smith was no longer required to register as a sex offender despite a conviction and requirement to do so in 1985.Smith pleaded guilty in 1985 to a misdemeanor sex offense against a child, requiring him to register as a sex offender for the rest of his life, Spitzer said.However, in 2005, that requirement was lifted for an unknown reason, Spitzer said."We need to look into this and know why he is no longer a lifetime 290," Spitzer said, referring to the code in the law that requires sex offenders to register with authorities so they can be tracked."We believe he is a lifetime registrant," Spitzer said.Smith was committed to Patton State Hospital in San Bernardino in 1999 on a psychological hold when his wife gave a psychiatrist a letter her husband wrote that described sex acts he fantasized about committing with a 7- year-old boy in his neighborhood in Costa Mesa, according to prosecutors.The state kept him locked up in a state hospital under a civil commitment that concluded he was a danger to children, according to prosecutors. Under that law, he had the opportunity to seek release in a trial every six months.However, during the hearings he testified that he continues to fantasize about sexually assaulting and killing young boys, prosecutors said."He calls himself Mr. RTK," which stands for Rape, Torture, Kill, Spitzer said. "That's what I think has kept him in. He says, `If you don't cut off my penis and hands I will molest again." 5115

CORONADO, Calif. (KGTV) -- A man's peaceful visit to Coronado's Dog Beach turned into one of major concern when he saw boat debris lining the shore.Todd Tremelling feared the dogs and marine life would eat the materials. Tremelling was at Dog Beach over the weekend when he saw a boat stuck along the fence that separates the public part of the beach from Naval Air Station North Island.The boat is one of about a dozen abandoned boats that have washed ashore due to storms. On Saturday, he saw a crew from the base removing the boat with a backhoe."They were using the bucket to beat it into a million pieces, or probably 10 million," said Tremelling, who regularly takes his two dogs to the beach. When he returned on Sunday, he saw the shoreline was lined with boat debris, including wood paneling, fiber glass, and foam that lined the hull. Tremelling filled a bucket with the debris before an animal could eat it. "They need to do a better job," said Tremelling, of the removal. Sandy Duchac, a spokeswoman for Naval Air Station North Island, said crews follow strict procedures when removing the boats. "At the end of the day we do everything we can to remove the debris from the boats that people allow to come ashore," she said. "There's very little we can do about teh debris that ends up on the Coronado side."Duchac said the Navy has removed about a dozen boats that washed ashore after storms in the last year. It's almost impossible to identify the owners because the boats are often abandoned and the ownership information has been removed.It costs taxpayers about ,000 to remove each boat.  1646

CLAREMORE, Okla. -- A Black Lives Matter group in Oklahoma group is calling a symbol at a museum outside of Tulsa offensive and asking for it to be removed. The cornerstone of the Claremore Museum of History contains a swastika, but some historians argue that the symbol was included before the rise of Nazi Germany.“It was the cornerstone in Clem Van Rogers livery stable," Will Rogers Memorial Museum Public Relations Director Pat Reeder said. “They sold it for 0 and in 1936 they started this building and Will had already died and they decided to name it for him."It's a piece of history that's been around for more than 100 years and sits on the south side of the building at the Claremore Museum of History. "I think it’s offensive to me that someone would think that a cornerstone would be so hate-filled you’d have to remove it," Reeder said. The symbol on top of the cornerstone is under fire. “For Native Americans, it was very much life, earth and sun that’s what it meant to them," Reeder said.Reeder remembers it as a patch on soldiers uniforms of the 45th division in World War I, who were mostly from Oklahoma. “I couldn’t find anything that called it a name," she said. "I think it was given the name when Hitler decided he needed a symbol.” Reverend Mareo Johnson, a Black Lives Matter activist in Tulsa, Oklahoma, wants the cornerstone removed. “When you see it now it’s a public representation of hate and regardless of what it meant then it’s how people see it now," he said. Reverend Johnson says the meaning has changed overtime and wants any sign of hate removed. “The swastika sign is the main point and everything else is fine it’s that symbol that is connected to hate," he said. He wants the country to move forward. “I don’t believe that it will be too hard of a process because it’s very understandable," Rev. Johnson sad. Reeder argues that the monument has largely flown under the radar in the decades since it's been installed.Rev. Johnson says he plans to reach out and set up a meeting with the president of the museum to express his concerns.   2240

Coca-Cola last month teased the possibility it could get into the cannabis business. But the beverage maker now says it's not interested in pot.CEO James Quincey said the company "doesn't have any plans at this stage" to enter the CBD market, during an earnings conference call with analysts Tuesday.CBD is a non-psychoactive component of marijuana.Quincey's comments came in response to a question from Cowen & Co. analyst Vivien Azer, who asked about rumors that Coca-Cola (KO) was looking at the CBD category.Coke said in September that it was "closely watching" the growth of CBD as a possible ingredient for so-called wellness beverages. At the same time rumors swirled that Coke was considering an investment in Canadian cannabis company Aurora (ACB).It looks like Coke decided to pass.Shares of Aurora, which just began trading on the New York Stock Exchange last week, rallied nonetheless on Tuesday. So did shares of fellow Canadian pot stocks Cronos (CRON), Aphira (APHQF) and Canopy Growth (CGC).Even though Coke shot down chatter of an imminent deal with Aurora or other cannabis companies, there is still growing interest in CBD from larger global consumer companies ever since recreational marijuana became legal in Canada earlier this month.Coke's archrival Pepsi (PEP) hasn't completely ruled out a move into cannabis. Chief Financial Officer Hugh Johnston told analysts during its earnings call earlier this month that "it's fair to say we look at everything" in response to a question about cannabis.But Johnston added that investing in CBD, especially in the United States, would be a "considerable challenge" as long as marijuana remains illegal on a federal level. It's legal in nine states and D.C.That murky legal status hasn't kept the beer and spirits makers at bay.Corona owner Constellation Brands (STZ) has a more than billion stake in Canopy Growth.The Canadian subsidiary of Molson Coors (TAP) has a joint venture with The Hydropothecary Corporation to produce cannabis-infused drinks for the Canadian market.Tobacco giant Altria (MO), the owner of Marlboro, may be mulling a stake in Aphria, which is also set to debut on the NYSE later this week. UK alcoholic beverage giant Diageo (DEO) also could be interested in cannabis.And although Budweiser maker Anheuser-Busch InBev (BUD) has so far not shown a willingness to get into the cannabis business, Adolphus A. Busch V, great-great-grandson of Anheuser-Busch's founder, recently launched a cannabis brand. 2529

CORONADO, Calif. (KGTV) - For the first time, a local coaching legend is speaking out, 5 months after he was banned from the campus of Coronado High.Retired water polo coach Randy Burgess is accused in a complaint of molesting a former middle school student.A mural of Burgess remains over the pool his water polo teams has used during his 3 decades of coaching, which includes nearly 20 section championships for high school boys' and girls' teams. Three of his players have competed in the Olympics.It's a legacy now in danger."My feeling is beyond frustration. A lot of hurtful things have happened," said Burgess.In May, the former middle school student - now 18 - filed a complaint with Coronado unified.In it, the teen claims during the 7th grade while playing for a club polo team that shared the pool with Burgess' teams, Burgess hugged, kissed, and eventually raped the child, in places like bathrooms and Burgess' car.The school district removed Burgess from the classroom in April, before denying the claim in May.Burgess says his attorney learned the District Attorney's office has declined to prosecute, but 10News is still working to confirm that."My immediate response was this was a case of mistaken identity.  My coaching and teaching career never paralleled with this this individual," said Burgess, who denies ever interacting with the student.Burgess tell us he doesn't know why someone would make up such a claim. He's now suing for reinstatement to teach physical education at Coronado High. In 2015, he retired from coaching, but was still mentoring coaches."I've told my children and my athletes: It's not always what happens to you, but how you handle it. I'm trying to live through those words now," said Burgess.It's not the first time Burgess has been named in a complaint.In 1995, a city supervisor sued him and the city of Coronado, claiming Burgess berated his players, made sexually inappropriate statements in front of students and sometimes allowed male swimmers to swim naked.Burgess says that case was settled with a confidentiality clause."I can only repeat to myself that the people who know me, know me, and the others will come up with their own conclusions," said Burgess.In a statement, Coronado Unified declined to discuss personnel matters, but did say "...the District takes such claims very seriously.  When the allegations became known, the District followed policy and protocol by taking immediate action to protect the safety and security of District students and staff ..."10News reached out to the lawyers representing the former student but have yet to hear back. 2638