Paul Flores sentencing for Kristin Smart murder delayed by months. When will it take place?
Paul Flores’ sentencing for the 1996 murder of Kristin Smart will be be pushed back three months, a Monterey County Superior Court judge ruled Friday morning.
Smart went missing in May 1996 after an off-campus party in San Luis Obispo. Flores had long been a person of interest in the case, and was arrested alongside his father, Ruben Flores, in April 2021 in connection with her murder.
After a three-month-long trial, a Monterey County jury convicted Paul Flores of first-degree murder on Oct. 18, while a separate jury acquitted his father of helping his son conceal the crime.
The sentencing will now take place on March 10 — months after the original Dec. 9 date, Monterey County Superior Court Judge Jennifer O’Keefe said.
Flores’ attorney, Robert Sanger, filed a motion to delay sentencing on Nov. 18.
According to the motion, Flores’ legal team is “in the process of preparing a comprehensive motion for a new trial and other post-verdict, pre-conviction motions,” but have not been able to complete them in a timely manner because court transcripts have not yet been released.
The motion for a new trial would mark Sanger’s 10th attempt to restart Flores’ legal proceedings.
Over the course of the Smart murder trial, the defense attorney motioned for a mistrial nine times.
Four of Flores’ jurors attended the hearing, and one told The Tribune that many plan to attend the sentencing to see the outcome of three to four months of their life.
Defense attorney: Prosecution witness factor of motion for new trial
All parties in the case, including Flores and the Smart family, attended the hearing on Zoom. The only way for the public to view the virtual hearing, however, was to watch it in person in Monterey County Superior Court.
The main issue at hand was how quickly the court reporter could send certified court transcripts so that Sanger could file his motion for a new trial. She told the court that she would need 60 days to complete the task, but could not begin working on it until she received payment.
At $5 per page for expedited service, that would cost a total of around $23,500 expedited and $15,600 non-expedited, Dateline NBC reported.
San Luis Obispo County Deputy District Attorney Chris Peuvrelle said he had rough transcripts he could send Sanger if the court reporter allowed it, but added that Sanger never asked if the prosecution had them.
“I could have provided them if he asked,” Peuvrelle said.
Sanger said he was not sure if that was allowed under the government code, but the judge told him and Peuvrelle they can work that out with the court reporter.
Because the San Luis Obispo County District Attorney’s Office will also need certified transcripts in order to respond to Sanger’s prospective motion, the agency could pay the fee Friday so the court reporter can get a jumpstart on the work, Peuvrelle said.
Sanger said the prosecution will want to have time to respond to the defense’s motion for a new trial, which will include new information his team received about one of Peuvrelle’s witnesses after the verdict was read.
Sanger did not elaborate on which witness was involved or the information they had.
The attorney added that there were issues with closing arguments and jury selection that needed to be addressed.
O’Keefe said it isn’t typical for transcripts of jury selection to be provided in court transcripts, so tracking that down may delay when transcripts will be received.
Sanger said there are “issues with specific individuals” on Flores’ jury, so he can try to specify exactly which jurors he need to speed up the process.
The Smart family submitted a letter with Peuvrelle’s opposition to Sanger’s motion to push back the date of the sentencing. The letter cited Marsy’s law, which protects the right to speedy restitution for victims of crimes.
“I understand the Smart family wants to move along as fast possible. In one sense I don’t blame them,” Sanger said. But he added that his client also has post-conviction rights that need to be sought through.
O’Keefe said she did not want the Smart family to experience more anxiety than they already have, so she set a status hearing for Feb. 9 at 1:30 p.m. to ensure all parties are on track to filing their motions and oppositions.
The motion for a new trial will be heard March 10 at 9 a.m., and if it is denied, sentencing will take place immediately after.
Flores faces 25 years to life or life without parole for the first-degree felony murder of Smart.
This story was originally published December 2, 2022 at 9:56 AM with the headline "Paul Flores sentencing for Kristin Smart murder delayed by months. When will it take place?."
