Kristin Smart case: Evidence hearing for Paul and Ruben Flores rescheduled — again
A 12-day preliminary hearing for two men accused in the 1996 disappearance of Cal Poly freshman Kristin Smart is once again scheduled to begin this month, a judge said Tuesday in San Luis Obispo Superior Court.
The two-week hearing for Paul and Ruben Flores was scheduled to begin Tuesday, but was continued June 30 after the defense said it had not received discovery from the prosecution, which continues to generate records for the defense.
The hearing, now scheduled for July 20, will be the first time details about the investigation into Smart’s disappearance will be discussed in court testimony.
Tuesday’s hearing, conducted via Zoom, followed an in-chambers conference with the parties and Superior Court Judge Craig van Rooyen, who on Tuesday also revealed that the San Luis Obispo County District Attorney’s Office intends to amend its criminal complaint against Paul and/or Ruben Flores.
Deputy district attorney Christopher Peuvrelle did not elaborate during the public hearing what charges the agency intends to add or remove from its case, or for which defendant.
Van Rooyen instructed the DA’s Office to file a brief in support of its motion for an amended complaint by the end of the week and scheduled a hearing July 14 to discuss the proposed filing.
Also on July 14, van Rooyen will hear a motion by attorney Jeffry Radding, who represents Susan Flores, Paul’s mother, to quash a District Attorney’s Office subpeona to testify in the July 20 preliminary hearing. Unlike previous hearings in the case, that hearing will not be live streamed.
But those dates could still change. Another pre-preliminary hearing has been scheduled for July 12 to provide updates on progress. That July 12 hearing will be live streamed via the court’s website at 1:30 p.m.
San Pedro resident Paul Flores, 44, is charged with murdering Cal Poly freshman Smart. He appeared in San Luis Obispo Superior Court on Tuesday via Zoom from San Luis Obispo County Jail.
His father, 80-year-old Ruben Flores of Arroyo Grande, is accused of helping his son hide Smart’s remains. He was released from 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.
Ruben Flores remains out of custody and also appeared Tuesday via Zoom.
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 Dow and San Luis Obispo County Sheriff Ian Parkinson — from making any public statements regarding the proceedings outside the courtroom.
Correction: This article has been updated to clarify that the July 12 hearing will be live streamed, but the July 14 hearing will not.
This story was originally published July 6, 2021 at 10:35 AM with the headline "Kristin Smart case: Evidence hearing for Paul and Ruben Flores rescheduled — again."
