Kristin Smart murder case: Preliminary hearing for Paul and Ruben Flores to move forward
A 12-day preliminary hearing for two men accused in the 1996 disappearance of Cal Poly freshman Kristin Smart will move forward next month, a judge ruled Monday in San Luis Obispo Superior Court.
But Superior Court Judge Craig van Rooyen said the hearing will not be live streamed, and media coverage will be limited.
San Pedro resident Paul Flores, who is charged with murdering Cal Poly freshman Kristin Smart, appeared in San Luis Obispo Superior Court on Monday via Zoom.
His father, Ruben Flores, also appeared in the courtroom court Monday. The Arroyo Grande resident is charged with being an accessory to the crime.
The father-and-son co-defendants were in court for a pre-preliminary hearing, in which the parties discussed scheduling of the 12-day preliminary hearing set to begin July 6.
Ruben Flores, 80, who is accused of helping his son hide Smart’s remains, was released from San Luis Obispo County Jail on April 22, hours after van Rooyen significantly lowered his bail because he is not a flight risk or a risk to public safety.
He remains out of custody and also appeared Monday via Zoom.
Paul Flores, 44, appeared at the hearing Monday via Zoom conference from the County Jail.
Preliminary hearing confirmed, media coverage addressed
During Monday’s hearing, van Rooyen confirmed with all parties that the preliminary hearing, which will feature live in-person witness testimony, will move forward beginning July 6.
But unlike previous hearings in the case, those proceedings will not be live streamed from the courtroom.
Responding to a court filing by NBC-TV and E.W. Scripps Co., which owns local NBC affiliate KSBY-TV, van Rooyen declined to allow video and audio broadcasting of the proceeding.
David Laidman, attorney for the company, argued that the public’s right to watch proceedings outweighed the possibility the coverage could bias a prospective jury pool.
“This is a case that for decades has really gripped this community and the nation at large,” Laidman told van Rooyen. “Allowing people to see and hear what actually happens and is said in the courtroom is an important part of that criminal justice process.”
While Robert Sanger and Harold Mesick, attorneys for Paul and Ruben Flores, respectively, opposed NBC’s request, Deputy District Attorney Christpher Peuvrelle said the San Luis Obispo County District Attorney’s Office took no stance.
Van Rooyen ultimately ruled against the request and announced that the preliminary hearing would not be broadcast live, unlike each previous hearing in the case.
The judge said that the courtroom would be open to the public, including members of the media, who will be expected to use one pool still camera and one pool video camera.
The media will be prohibited from photographing witnesses and members of the audience, van Rooyen ruled.
Van Rooyen said that continuing to live broadcast the preliminary hearing would threaten to taint a possible jury pool because witnesses who may be excluded from listening to other witnesses’ testimony would be able to do so through livestream video.
In addition, the judge said, some evidence presented during the preliminary hearing could ultimately be found inadmissible for trial, and live broadcasting of that evidence could bias potential jurors.
Van Rooyen said, however, that he would be willing to consider adjusting his order should the case reach trial after jury selection.
At the request of Peuvrelle, van Rooyen scheduled a final pre-preliminary hearing for Wednesday, though the purpose of that hearing and what might be discussed was not made clear Monday.
An attorney for an unnamed witness in the case also appeared via Zoom to challenge a subpoena his client received to testify in the case. Van Rooyen said another witness also is challenging being called to testify, and those motions to quash the subpoenas will be heard by van Rooyen the morning of July 6.
Paul Flores faces 25 years to life if convicted of murder
Paul Flores and his father pleaded not guilty at their arraignment April 19, when van Rooyen ordered Paul Flores be held without bail.
Paul and Ruben Flores were arrested April 13 in San Pedro and Arroyo Grande, respectively, and the county District Attorney’s Office announced the criminal charges the following day.
District Attorney Dan Dow said at a news conference that Paul Flores committed the murder during the commission of a rape or attempted rape of Smart.
Paul Flores was the last person seen with the then-19-year-old Smart before her disappearance in 1996. Her body has never been found, although investigators believe it was buried at Ruben Flores’ Arroyo Grande home and “recently” moved, according to court documents.
Paul Flores faces a sentence of 25 years to life if convicted of first-degree murder.
Ruben Flores faces a maximum of three years if convicted of the accessory charge, though it is not clear if that sentence would be served in County Jail or state prison.
Van Rooyen has issued a gag order preventing parties involved — including county Sheriff Ian Parkinson and Dow — from making any public statements regarding the proceedings outside the courtroom.
This story was originally published June 21, 2021 at 2:47 PM with the headline "Kristin Smart murder case: Preliminary hearing for Paul and Ruben Flores to move forward."
