Police hands often tied in sex offender cases

Greg Risling

COSTA MESA -- There are those rare law enforcement cases where police

have a prime suspect, but can’t make an arrest without a crime being

committed.

Such is the tenuous waiting game for one Costa Mesa couple who are very

aware a convicted sex offender has fantasized about having sex with their

7-year-old son.

The case hasn’t amounted to more than 39-year-old Cary Jay Smith writing

about the boy in his journal. Smith doesn’t live near the boy’s home, but

police said he did see the child when he made visits to his parents’

Costa Mesa home.

Bound by the law, police must perform a high-wire balancing act by

reassuring the child’s parents that nothing will happen while not being

overzealous about their potential leading suspect.

“It puts us in a very uncomfortable situation,” said Costa Mesa police

Lt. Ron Smith. “This guy could be a ticking time bomb, but law

enforcement is left powerless.”

Authorities’ worst fears are that Cary Smith makes his fantasies a

reality. However, he has spent the last eight months in a treatment

program, where he has undergone rehabilitation. Smith originally entered

the program voluntarily earlier this year, but a judge recently said

Smith should spend some more time under watch.

Smith was convicted in 1983 for asking a child to disrobe, according to

court documents. His 15-year-old stepdaughter has also made allegations

that Smith molested her over a two-year period when she was younger.

Authorities know there is a good chance a sex offender will repeat.

Newport Beach residents were furious when they learned convicted child

molester James Lee Crummel was living in their midst. Although he was

facing criminal charges in Riverside County, Crummel was trying to live

peacefully with friend Burnell Gordon Forgey.

Police knew of Crummel’s reputation, and even though residents protested

outside the home where both men lived, authorities were unaware either

man had done anything wrong.

The publicity surrounding Crummel may have caused one young man to step

forward and make allegations against the two roommates that they sexually

molested him. Police arrested the pair and both were eventually convicted

on child molestation charges.

“We viewed him [Crummel] as being a threat, but there wasn’t anything we

could do,” said Newport Beach police Sgt. Mike McDermott. “Through all of

the publicity, a victim came forward who we didn’t know about.”

Authorities admit the Smith incident is unusual. If he is released from

the treatment program, police could monitor his activity around the

clock. But they know that scenario isn’t realistic and must wait to see

what happens.

“Can we protect this child 24-7 through the rest of his childhood?” Smith

asked. “Yes we can, but at great expense. That still doesn’t mean other

kids may be at risk. We don’t see any way we can prevent [Cary Jay Smith]

from doing something right now.”