Still Missing CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2

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Thanks for all of the feedback re: my posts, everyone. This is a great board!

Seattle1 said:
Why so long for an arrest?

It's important to recognize that while circumstantial evidence may satisfy probable cause required for an arrest warrant, it does not necessarily satisfy evidentiary proof beyond a reasonable doubt that's required to prosecute a case (i.e, a much higher standard than called for at a preliminary hearing, which is just a strong suspicion of guilt).

Justice is never served when there's an arrest and the case is dismissed for insufficient (circumstantial) evidence to prosecute the accused. Double jeopardy prevents prosecutors from again charging the accused with the same crime, even if he confesses or new evidence later surfaces!

Prosecutors constantly remind us that they only get one bite at the apple.
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Thanks for the clarification. Yes, I fully & completely agree that the authorities should be certain beyond a doubt that someone committed a crime before arresting/charging them. Unfortunately, we all know there were/are innocent people in prison - which is something that should never happen.

I'm just surprised that it took 25 years in this case, given that PF was always felt to be the #1 suspect. Of course, we don't really know what led up to this arrest; until more details are given out, everything we discuss is just speculative.
 
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Re: the success of the CL podcast, I was also impressed that so many people connected to PF & the case opened up to Lambert. And, Lambert wasn't an LE officer and/or a private detective, but was just someone who was drawn to the case due to living in the area & growing up wondering what happened to KS. IMHO Lambert has a very low-key, calm, and non-accusatory personality/demeanor - so I think people probably felt comfortable talking to him because of this.
 
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Seattle1 said:
I think motive plays a big part too. I recall this creator was a child who spent his entire life seeing the signs about a missing girl, Kristen. And as a teen, he started asking what everybody wants to know: how do you grow up, go to college, and disappear from campus overnight? I think he did an incredible job!

ETA: add new quotes by Lambert

Lambert, 33, was just 8 when Smart vanished a short drive up the coast from his own home in the small town of Orcutt, about 140 miles (225 kilometres) northwest of Los Angeles. It scared him that someone had gone missing and no one knew what happened.

For more than two decades, a billboard featuring a photo of a grinning Smart advertised a $75,000 reward. It’s located in the town of Arroyo Grande. where Paul Flores grew up and his parents still live.

Lambert passed it many times and it ultimately motivated him to start investigating.

Shy podcaster helped police crack California cold case
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I just finished listening to Episode 08: The 16-Hour Gap, and I agree that Lambert has done an outstanding job! I learned a lot, and now have some idea of what evidence was recovered in the recent searches! Seven more episodes to go.
 
Sonny Crockett said:
Thanks for all of the feedback re: my posts, everyone. This is a great board!



Thanks for the clarification. Yes, I fully & completely agree that the authorities should be certain beyond a doubt that someone committed a crime before arresting/charging them. Unfortunately, we all know there were/are innocent people in prison - which is something that should never happen.

I'm just surprised that it took 25 years in this case, given that PF was always felt to be the #1 suspect. Of course, we don't really know what led up to this address; until more details are given out, everything we discuss is just speculative.
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It is not uncommon for police to know perfectly well who is responsible for a crime but just not have the solid evidence that a prosecutor needs for a conviction. sometimes a DA and LE can get that extra evidence after an arrest, but there is never a guaranty. And once the charges are filed, the clock starts ticking on speedy trial. Sometimes a prosecutor can dismiss the charges and refile later, but that brings big risks. So really, patience is best.
 
PrairieWind said:
It is not uncommon for police to know perfectly well who is responsible for a crime but just not have the solid evidence that a prosecutor needs for a conviction. sometimes a DA and LE can get that extra evidence after an arrest, but there is never a guaranty. And once the charges are filed, the clock starts ticking on speedy trial. Sometimes a prosecutor can dismiss the charges and refile later, but that brings big risks. So really, patience is best.
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I agree -- and think this tweet from the presser a few days ago said it best:

Replying to @OliviaDeGennaro

"It's not what you believe, it's what can you prove." Parkinson talks about due process and the need for physical evidence to actually prosecute a case.
2:20 PM · Apr 13, 2021·Twitter Web App
 
Caring4Many said:
Something else I found intriguing in the article- was this portion about Mesick. Why would he make statements of this nature at this time? Again BBM

"Mesick said Thursday he “helped (his) client make the decision” to testify against the other defendants. Greenwell’s testimony was damning, and every other defendant was ultimately convicted and sentenced to life in prison without parole.
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^^rsbm

I didn't read past the paywall but searched around to read that Mesick is representing Flores Sr (Ruben) (for any others wondering the same)!

At age 80 - will he give his son up to cut a deal? Probably not. If anything, I think he'd try to take the fall. This is a shameless family -- practically flaunting their freedom in the community for a quarter-century. MOO
 
Sheila Terranova said:
With all due respect, (I agree with what you wrote) and I was raised by a family of three NYPD detectives, sometimes the reason for a very long wait, twenty five years, in clearing a case is they just plain and simple screwed up initially. God bless them for getting him now, and I hope all of our other cold cases get solved asap as well.
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True. And if there's any benefit to cold cases -- it's the improvement and/or advances in technology and extraction of DNA. I'm also encouraged to see more dollars and specific grants dedicated to cold cases. :)
 
Megnut said:
https://www.ksby.com/news/local-new...ben-flores-on-behalf-of-kristin-smarts-family
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This snippet is IMO the best part of the entire article. While they may not be able to make criminal charges (wish I’m still hoping for) they’re still being looked at for civil charges.

"If we develop evidence that other members of the family somehow knew that he had the body, buried the body, and moved the body, then they will be joined as what we call doe defendants," Murphy said. "After you have been sued, if anyone in the family decides this is a good time to hide or to move assets, they will be joined in the lawsuit. You cannot participate in a fraudulent conveyance in assets. "
 
Did I miss someone posting this? I hope if there are victims that they come forward & that those who were the ones that had lack of evidence are at least able to contribute as I’m sure this has been traumatic to see who he is after their experience.

Suspect in Kristin Smart disappearance investigated in L.A. sexual assault cases

“LAPD Capt. Jonathan Tippet, head of the agency’s Robbery-Homicide Division, said detectives in recent months gathered evidence against Flores in two sexual assaults that allegedly occurred over several years.

The L.A. County district attorney’s office has not made a decision whether to file criminal charges against Flores in the alleged attacks

In 2013, Redondo Beach police presented prosecutors with a rape allegation. The D.A. declined to charge Flores in that case “due to insufficient evidence,” officials said.”
 
Caring4Many said:
If you read the article on Sanger, it addresses PF having a suit on Thursday. BBM

"He appeared at the arraignment via Zoom from the County Jail dressed in a full suit and tie — a rare occurrence for San Luis Obispo County defendants, who normally receive a simple collared shirt — after Sanger successfully petitioned van Rooyen by arguing that jail garb would prejudice his client’s right to a fair trial given the international media attention, court records show."

Something else I found intriguing in the article- was this portion about Mesick. Why would he make statements of this nature at this time? Again BBM

"Mesick said Thursday he “helped (his) client make the decision” to testify against the other defendants. Greenwell’s testimony was damning, and every other defendant was ultimately convicted and sentenced to life in prison without parole.

For his testimony, Greenwell was sentenced to 15 years to life in state prison.

On Thursday, Mesick told The Tribune he felt that encouraging his client to flip was the right thing to do for both his client and the Myers family. He said Greenwell was “just minimally involved” in the crimes compared to his co-defendants and that Greenwell “got sucked into that case.”
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good research, it is a bit worrisome that Paul has such a high profile defense attorney, who is obviously very media savvy if he was Michael Jackson's attorney. I'm just hoping that this drags out enough for the price tag to become too high and eventually by the time this goes to trial, a public defender will be used. Of course I say that without knowing what evidence they have, which must be pretty compelling if they are willing to take a no body case to trial.
 
Kittybunny said:
good research, it is a bit worrisome that Paul has such a high profile defense attorney, who is obviously very media savvy if he was Michael Jackson's attorney. I'm just hoping that this drags out enough for the price tag to become too high and eventually by the time this goes to trial, a public defender will be used. Of course I say that without knowing what evidence they have, which must be pretty compelling if they are willing to take a no body case to trial.
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Their houses and the avocado farm are easily worth at least 2 million and that’s a ridiculously low ball estimate, California real estate ain’t cheap, check out listings in Arroyo Grande. They may have to sell some property, if they don’t, lawyers can get a lien for payment after the fact.
JMO
 
Caring4Many said:
Did I miss someone posting this? I hope if there are victims that they come forward & that those who were the ones that had lack of evidence are at least able to contribute as I’m sure this has been traumatic to see who he is after their experience.

Suspect in Kristin Smart disappearance investigated in L.A. sexual assault cases

“LAPD Capt. Jonathan Tippet, head of the agency’s Robbery-Homicide Division, said detectives in recent months gathered evidence against Flores in two sexual assaults that allegedly occurred over several years.

The L.A. County district attorney’s office has not made a decision whether to file criminal charges against Flores in the alleged attacks

In 2013, Redondo Beach police presented prosecutors with a rape allegation. The D.A. declined to charge Flores in that case “due to insufficient evidence,” officials said.”
Click to expand...
I found this while looking at another case in CA. Murder of Amber Hill. Her parents suspect Paul Flores in her murder.
2nd page, halfway down first column.
http://californiaregister.com/wp-content/uploads/2016/02/Issue-2-Volume-3.pdf
 
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