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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

CINCINNATI — When Chad Mayer was born in 1980, a nurse told his parents it would be best for everyone if they didn't take him home from the hospital. A child with Down syndrome, she said, would be better off in a long-term care facility than a family home -- and his parents would be better off pretending he had died.Sue said she wouldn't hear it."Nobody's taking my child," she told the nurse. "We're taking him home."According to a series of studies conducted between 1995 and 2011, other American women often have different feelings about learning that they are likely to give birth to a child with Down syndrome. Around 67 percent of the surveyed women who received a positive prenatal Down screening chose to end their pregnancies.In Iceland, where prenatal screening is common and abortion is readily accessible, nearly 100 percent of women who receive the same positive test terminate their pregnancies.Should they be allowed to do so?A bill passed Wednesday by the Ohio House would make such abortions illegal and charge doctors who performed them with a fourth-degree felony. If convicted, they could face up to 18 months in prison and be fined ,000.According to proponents of the bill, choosing to end a pregnancy based on a Down syndrome diagnosis is a moral evil tantamount to eugenics.According to opponents such as Planned Parenthood of Ohio, legislation like this uses a moral crusade as a smokescreen to limit women's access to health care."This bill attempts to use the disability community as a political wedge to chip away women's access to abortion," the organization tweeted Wednesday.The intersection of disability advocacy -- the belief that every disabled person has the right to a healthy life free of social stigma -- and abortion advocacy -- the belief that every woman has the right to terminate an early-stage pregnancy she no longer wishes to carry to term -- is often messy.A central question: Is it any more ethical to compel a woman to give birth to a child whose care she might not be equipped to handle than it is to terminate a pregnancy based on a prenatal diagnosis? A New York Times article from 1991 articulated the tension felt by many disabled people and their families when the subject comes up: 2259

CINCINNATI (AP) — The Hall of Fame second baseman Joe Morgan has died at the age of 77.A family spokesman says he died at his home Sunday in Danville, California.Morgan was suffering from a nerve condition, a form of polyneuropathy. He became the sparkplug of the Big Red Machine and the prototype for baseball’s artificial turf era.Morgan was a two-time NL Most Valuable Player, a 10-time All-Star, and won five Gold Gloves. He could hit a home run, steal a base, and disrupt any game with his daring.Most of all, the 5-foot-7 dynamo known for flapping his left elbow drove a Cincinnati team featuring the likes of Pete Rose, Johnny Bench, and Tony Perez to World Series titles in 1975 and '76.According to Bob Nightengale of USA Today, Morgan is the sixth Hall of Famer to die this year and the fifth in just five weeks.The other Hall of Famers that passed away were Al Kaline, Tom Seaver, Bob Gibson, Lou Brock, and Whitey Ford. 939

Consumers are being warned that some over-the-counter teething products for babies can pose a serious risk.The Food and Drug Administration announced Wednesday that oral health products for infants containing the pain reliever benzocaine for the temporary relief of sore gums should not be marketed or sold."If companies do not comply, the FDA will initiate a regulatory action to remove these products from the market. Also, the agency is requesting that companies add new warnings to all other benzocaine oral health products to describe certain serious risks," the FDA message says.Products with benzocaine post "serious safety risks," the FDA says. They also show no real demonstrated benefit." ... The FDA is taking steps to stop use of these products in young children and raise awareness of the risks associated with other uses of benzocaine oral health products. In addition to our letters to companies who make these products, we urge parents, caregivers and retailers who sell them to heed our warnings and not use over-the-counter products containing benzocaine for teething pain."We will also continue working with Congress to modernize our over-the-counter drug monograph regulatory framework as part of our mission to protect and promote public health," the FDA says.Read more on the announcement here. 1329

Cliff Clavin, a mailman from the TV series “Cheers”, has an idea to save the postal service.The actor, John Ratzenberger, recorded a message talking about the USPS and his plea to show support."You know the post office is in a little bit of a pickle right now," he says in the video. "It's certainly in the news, being bounced back and forth so I had an idea. Why not do all your Christmas shopping early at the post office store?" 439