The defense attorney for a local sex offender asked a Solano County Superior Court judge Wednesday for the man to be taken off of his current status of supervised release.
Fraisure Smith, a convicted rapist, has been moving from motel to motel and living as a transient since his release from a state mental hospital more than one year ago.
Smith, 52, was released from Coalinga State Hospital after the Department of State Hospitals abided and approved a petition asking for his release. Despite the label of “violent sexual predator,” with convictions dating back to the 1990s, Smith has been living as a transient in Solano County since his release.
Through discussions in court over the few months, attorneys have attempted to have him relocated to other counties in California, including Butte and Yuba counties. Because of public outcry and opposition from county officials, Smith has remained in Solano County with no permanent residence.
Wednesday’s court discussions centered around a request from the man’s attorney, James McEntee, to have Smith live unsupervised and be unconditionally released from supervision. Since his release from Coalinga State Hospital, Smith has been supervised by Liberty Health Care, a company contracted by the state to manage sexually violent predators.
A representative from Liberty Health Care appeared in court to testify on Smith’s progress and why the organization was against the man’s unconditional release from supervision. According to the representative, the first year following Smith’s release from the mental hospital was dedicated to treatment and the next year, under supervision by Liberty, should be focused on becoming independent and acclimated to the community. In the second year is when Smith would ideally seek employment and schooling.
Judge Arvid Johnson, however, was hesitant in letting the man live unsupervised and said if he were to be unsupervised, the court would be setting Smith up to fail.
“If he’s going to become independent, he needs a place to live,” Johnson said.
Smith currently occupies various Solano County motels and does not have a stable residency.
The representative from Liberty Health Care made it clear to the court that the organization is continuing to search for permanent housing.
“We’re definitely not giving up the search,” the representative said.
According to McEntee, Smith has found employment and “is persevering and overcoming obstacles.”
With McEntee’s request for unconditional release and discharge from supervision, the next step in the case is a cause hearing, where Smith’s defense and the district attorney will present evidence in favor and against the man’s release from supervision.
The order to show cause hearing is scheduled for 9 a.m. Jan. 19.
At the end of Wednesday’s court discussions, Smith’s attorney asked for his client to have supervised access to the internet for his job and to take college courses. With no objection from the district attorney, the judge allowed the man to access the internet with supervision from Liberty Health Care.
Smith was sentenced in 1995 to four years in prison and again in 2006 to 15 years in prison after he assaulted a 17-year-old girl in Suisun City with the intent to rape. He is currently being monitored with a GPS tracking device.