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

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Wednesday, August 25th:
*Motions Hearing (@ 8:30am PT) - CA - Kristin Denise Smart (19) (missing May 25, 1996 while walking back to her dorm from a off campus frat party at Cal Poly, reported missing on May 26, 1996, San Luis Obispo, still missing) – for *Paul Ruben Flores (19 @ time of crime/44) arrested & charged (4/13/21) & arraigned (4/15/21) with 1st degree murder. Plead not guilty. No bond.
*Preliminary Hearing (@ 9am PT) - CA - Kristin Denise Smart (19) (missing May 25, 1996 while walking back to her dorm from a off campus frat party at Cal Poly, reported missing on May 26, 1996, San Luis Obispo, still missing). – for *Ruben Ricardo Flores (55 @ time of crime/80) arrested & charged (4/13/21) & arraigned (4/15/21) with accessory to murder after the fact. Plead not guilty. $250K bond. Bond was lower to $50K. Has posted bond (4/22/21), out of jail.
Case & court info from 5/17/21 to 7/28/21 & Preliminary hearing (Day 1-11) 8/2/21-8/20/21 reference post #894 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2

8/23/21 Monday, Preliminary hearing Day 12: State witnesses: Retired Detective Henry Stewart from the San Luis Obispo County Sheriff’s Dept. He found a strand of brown hair under an edge of the mattress in Paul Flores’ dorm room in June 1996. Stewart also discussed interviews with witnesses in the case including Ted Munley & Jana Schrock. He also briefly talked about a search warrant executed at Ruben Flores’ White Court home in Arroyo Grande. Investigators had murder defendant Paul Flores arrested for a probation violation in Costa Mesa in 2002. Police once planted an informant to befriend Paul Flores in Santa Barbara County Jail.
Motions hearing on 8/24/21 was reset for 8/30/21 @ 8:30am & motions hearing on 8/25/21 for Paul only. Preliminary hearing on 8/25/21 for Ruben.
 
Lauren @LaurenWalike 1m
Day 13 of the preliminary hearing for Paul and Ruben Flores in the #KristinSmart case: Judge Craig van Rooyen ruled that the @SLOCounty_DA office and DDA Christopher Peuvrelle will be allowed to continue prosecuting the case. The judge denied the defense’s motion to recuse.

Cameryn Oakes @OakesCameryn
Breaking News: Presiding Judge Craig van Rooyen denied the defense’s motion to remove the San Luis Obispo District Attorney’s office from the #KristinSmart case.


Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]2m
This morning in the #KristinSmart hearing, Judge van Rooyen denied defense’s motion to disqualify the District Attorneys Office over the prosecution team wearing purple ties in support of the Smart family
 
Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]1m
Judge van Rooyen in his ruling said the court couldn’t grant the motion unless the facts showed a conflict so grave that it was unlikely defendants would receive a fair trial. CvR said he understands the defense’s argument, but “it is an adversarial process.”

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]1m
Deputy Attorney General Seth Mccutcheon also appeared in court today and said the defense had unsupported allegations. Judge van Rooyen ultimately said that it would be “unethical for a prosecutor to put on the case if he did not believe in the guilt of the defendant.”

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]5m
A representative from the CA AG’s Office, which would have had to take the case if the motion was granted, argued that it was the defense’s burden to show how the conduct specifically biases proceedings against P&RF. “We’re not even in front of a jury,” Seth McCutcheon argued.


Cameryn Oakes [URL='https://twitter.com/OakesCameryn']@OakesCameryn [/URL]10m
The San Luis Obispo District Attorney’s Office and Deputy District Attorney Chris Peuvrelle will continue prosecuting the case.

[URL='https://twitter.com/Alexa_Bertola']Alexa Bertola
@Alexa_Bertola 9mThis morning the judge denied the defense’s motion to recuse the district attorney’s office from prosecuting the case because of the color of their clothes #KristinSmartCase[/URL]
Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]9m
Defense attorney Robert Sanger said the prosecution wearing purple ties during proceedings “brings into question the impartiality of the investigation.” “You can’t adopt the team colors when that team is to convict Paul Flores,” Sanger said.


Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]10m
“You can’t adopt the team colors as a prosecutor when that team is (attempting) to convict Paul Flores,” Sanger argued.


Cameryn Oakes [URL='https://twitter.com/OakesCameryn']@OakesCameryn
[/URL]10m
The judge said that he did not find any evidence that displays a conflict of interest and would not result in a fair trial.

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]11m
Defense attorney Robert Sanger, representing PF, said the prosecutor, DA investigator, and DA witness coordinator each have worn purple, which was KS’ favorite color. Sanger said that showing “trivializes what’s going on” and is a “serious problem” for an eventual fair trial

Cameryn Oakes [URL='https://twitter.com/OakesCameryn']@OakesCameryn [/URL]12m
The defense argued that the District Attorney’s Office wearing purple attire in support of Kristin Smart was a conflict of interest and denied Paul Flores a fair trial.
 
Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]30m
After denying that motion, court will now take up a defense Pitchess motion to access a law enforcement officer’s personnel records, if there’s reason to believe there’s been misconduct or bad faith dealings during an investigation. I believe this is related to Det. Clint Cole.
 
Dave Alley [URL='https://twitter.com/DaveAlleyTV']@DaveAlleyTV [/URL]18m
JUST IN: Defense motion to disqualify SLO County District Attorney's Office and prosecutor Chris Peuvrelle for wearing the color purple during the Paul Flores preliminary hearing has been denied by Judge Craig van Rooyen. #KristinSmart



Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]18m
That supposed misconduct would include any unprofessional communications or any other conduct that could have impacted witness statements in those past cases. Also looking at any history of disciplinary action.

Matt Fountain @MattFountain1 19m
Judge said the review of Cole's records will look for any alleged misconduct related to his dealings with witness Jennifer Hudson during the #KristinSmart investigation, or any other alleged misconduct from any of Cole's cases over the past 5 years.

Matt Fountain[URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL] 21m
Ann Duggan from SLO County Counsel's Office was in court to represent Cole, a Sheriff's detective, and oppose the motion. But CvR found that the filed moving papers, which are under seal, were enough to convicnce him for the in-camera review

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]25m
And we're adjourned until Monday. In the few minutes we were back in session, Judge CvR granted the defense's motion for a Pitchess in-camera (in chambers or non-public) review of Det. Cole's personnel records.
 
Matt Fountain @MattFountain1 23m
Judge cleared courtroom while he conducts his review with the custodian of Cole's records (Duggan). CvR said he will notice the defense team (who's hitting the road for a case in another county) of any decision by noon. Otherwise, he'll inform of the outcome on Monday.

Alexa Bertola @Alexa_Bertola 11m
The defense also filed a pitchess in-camera motion. The judge granted motion and will review Det. Cole’s personal records.

Alexa Bertola @Alexa_Bertola 6m
We will be back in court on Monday. There was no testimony today.


Alexa Bertola @Alexa_Bertola 7m
The Judge said he’d look for any alleged misconduct related to Det. Cole’s interaction with witness, Jennifer Hudson during #KristinSmart investigation or any other alleged misconduct in any of Det. Cole’s cases over the past 5 years.
 
8/18/21 Wednesday, Preliminary hearing Day 9: Paul's attorney, Robert Sanger, asked the judge Wednesday for a bail reduction or that he be released on his own recognizance. Currently, Paul Flores is being held at the San Luis Obispo County Jail without bail. His father, Ruben, has been out on bail since April. Sanger said he was requesting Paul's release because "events beyond our control have come up." He said his client should not have to remain in jail because of the discovery issues that have come up during the preliminary hearing & that Paul should be out of custody while those issues are being resolved. The judge said he didn't see this as a significant change in circumstances & denied the request for bond.
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Sanger stated PF shouldn't have to remain in jail due to discovery issues that have come up, also "events beyond our control have come up."

However, there is no court for the rest of this week due to Sanger having a case in another county.?? Is this the
"events beyond our control have come up."

Seems to me PF has a part time attorney. PF has an attorney arguing over the color purple to have the DA removed from the case. DENIED! Looks like we can put the color purple to rest.

Why can't the Sanger's daughter fill in for him? I thought she was an attorney as well, is she not qualified to try a murder case?
 
Sanger tried to restrict CL from covering the preliminary hearing by subpoena, in other words he was trying to gag CL That didn't go over real well as the Judge ruled against the defense in allowing CL to remain in the courtroom.

Sanger now wants all of CL material.... why? I'm only speculating here, I think Sanger wants to draw those individuals out so he can go after them, punish them for coming forward and speaking to CL against the accused and his family.

JMHO, I believe Sanger is intimidated by CL and what he may know. If CL has to take the stand and testify this may just open the door for the DA to show how dangerous PF is/was before and after the disappearance of Kristin Smart. By calling CL Sanger may have opened up a can of worms.
We shall see!

The next "trick" Sanger may try is to have the accused PF declared incompetent to stand trial. That may go against the Flores clan grain as they (at least SF &RF) seem to think they've outsmarted LE. Maybe for 25 years they have
but I find it hard to believe their lives have been happy.
 
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