Kristin Smart murder case: Attorneys, defendants prepare for marathon evidence hearing
A highly anticipated 12-day preliminary hearing for two men accused in the 1996 disappearance of Cal Poly freshman Kristin Smart is moving forward next week with witnesses scheduled to testify, a judge said Monday in San Luis Obispo Superior Court.
The two-week hearing for Paul and Ruben Flores has been twice delayed after the defense said it had not received discovery from the prosecution. In addition, at least a few witnesses opposed being called to testify.
The preliminary 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.
At Monday’s hearing, which conducted via Zoom, Superior Court Judge Craig van Rooyen ordered two subpoenaed witnesses to be on-call for their testimony in the preliminary hearing, through Aug. 13.
The judge also confirmed that the parties will meet for the first time in the courtroom on Wednesday to discuss several motions in the case, including witnesses’ opposition to their subpoenas. Unlike previous hearings in the case, that hearing will not be live streamed.
At a July 5 hearing, deputy district attorney Christopher Peuvrelle said that the San Luis Obispo County District Attorney’s Office intended to amend its criminal complaint against Paul and/or Ruben Flores.
Peuvrelle did not elaborate during the public hearing what charges the agency intends to add or remove from its case, or for which defendant. A gag order in the case prevents the prosecution from commenting outside the courtroom.
The prosecution has filed a brief in support of its motion for an amended complaint, which the parties are expected to argue on Wednesday.
Also on Wednesday, van Rooyen is expected to hear a motion by attorney Jeffry Radding, who represents Susan Flores, Paul’s mother, to quash a District Attorney’s Office subpoena for her to testify during the July 20 preliminary hearing.
San Pedro resident Paul Flores, 44, is charged with murdering Cal Poly freshman Smart. He appeared in San Luis Obispo Superior Court on Monday 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, 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 was not present for Monday’s hearing.
Paul Flores faces 25 years to life if convicted of murder
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.
Paul Flores and his father pleaded not guilty at their arraignment April 19, when van Rooyen ordered Paul Flores be held without bail.
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.
This story was originally published July 12, 2021 at 9:49 AM with the headline "Kristin Smart murder case: Attorneys, defendants prepare for marathon evidence hearing."
