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

[Emi]

FLORES, PAUL 21F-02402-A 09/03/2021 09:30 D5 Robert M Sanger Preliminary Hearing
9/2/2021 4:59:46 PM
FLORES, PAUL 21F-02402-A 09/08/2021 09:00 D5 Robert M Sanger Hearing
09/09/2021 09:00 D5 Robert M Sanger Motion for Return of Property

FLORES, RUBEN 21F-02402-B 09/03/2021 09:30 D5 Harold V. Mesick Preliminary Hearing
09/08/2021 09:00 D5 Harold V. Mesick Preliminary Hearing
09/09/2021 09:00 D5 Harold V. Mesick Motion for Return of Property

 

[Emi]

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]11m
Philip Hanes, an archaeologist and ground penetrating radar operator is on the stand. He’s talking about an anomaly found under the deck under Ruben Flores’ Arroyo Grande home that was 4x6. He did GPR on March 15 and 16 of this year. @KSBY

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]12m
Reporting for @CPMustangNews on the #KristinSmart Case and Flores Prelim: The day started with witness Philip Hanes, an archeologist for 15 years who used ground penetrating radar at 710 White Court on March 15-16th for SLOPD.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]11m
Hanes specializes in remote sensing, or the technology used for gaining understanding of what is below ground to guide excavations. He said at the AG house they were dealing with drier sand and placed 11 grids to use the ground penetrating radar.

Alexa Bertola Alexa_Bertola 8m
He says the anomaly was significant soil disturbance from the top of the surface to approx. 4 feet deep. @KSBY

Ava Kershner @avakershner 8m
Grid 1 was underneath the deck, where the largest “significant soil disturbance” was about 3-4 ft under. A 3D model of it was printed afterwards, showing the anomaly. It was around 4 by 6 ft according to Hanes. The 35 represents the 35 foot length of land under the deck.




Lauren @LaurenWalike 7m
The preliminary hearing for Paul and Ruben Flores in the #KristinSmart case continues this morning with archeologist Philip Hanes taking the stand. Hanes used ground-penetrating radar to survey areas around Ruben Flores’ AG home specifically under the porch on March 15 & 16.

Lauren @LaurenWalike 7m
Hanes said he found an approximate 4x6 ft anomaly under Ruben Flores’ porch and said that it was “big enough for a potential burial.”

Lauren @LaurenWalike 6m
The prosecution is taking witnesses out of order and cross-examination of Shelby Liddell, a SLO Sheriff’s forensic specialist, is expected to continue later today

Ava Kershner @avakershner 5m
Objections and questioning into Hanes foundation were raised by the defense, going into an brief history lesson on the the use of radar, which began in the 1920s. Ground penetrating radar is usually used for finding voids in construction or cracks in concrete.

Ava Kershner@avakershner3m
Judge van Rooyen overruled the objection, saying that ground penetrating radar is a screening method before excavation. More to come at 12:30pm.
https://twitter.com/LaurenWalike
.

 

[Emi]

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]1h
When asked about odor, Arrington replied that there was no smell in general and specifically no smell of gas, diesel, and chemicals. She said that a plumbing issue could not cause the staining.

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]1h
Arrington said that as an archaeologist, she would not see that staining as plumbing issue.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]1h
During cross examination, Arrington said when human remains are not removed from an area, there should be a concentrated pool at the bottom where fluid stopped leaking into the soil. In the area under Ruben’s porch, the staining pattern was not consistent on the bottom.
Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]2h
Sanger asked if Arrington said that it would be great if they could find Kristin, she responded “I think it’s always great if we can find the remains of anyone’s loved ones.”


Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]2h
She said something was there and it leaked fluid. She said one would expect that whatever leaked, it would still be there.

Alexa Bertola @Alexa_Bertola 2h
Another archaeologist, Cindy Arrington is on the stand. She said when you see a stain like that as an archaeologist, you think there is a burial. She was also at the Flores home on March 15 and 16.

 

[Emi]

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]52s
Court will start up again tomorrow at 9am, the defense is working on preparing opposition to Chris Lambert’s fight to his subpoena.

KSBY @KSBY 7m
Two archaeologists involved in the use of ground-penetrating radar were called to the stand Tuesday during the preliminary hearing for Paul and Ruben Flores.


Archaeologist testifies anomaly found under Ruben Flores's deck was consistent with burial site
A GPR operator and archaeologist took the stand Tuesday during week 6 of the preliminary hearing for Paul and Ruben Flores.
ksby.com

 

[JMapes]

@Emi I don't say it enough- Thank you so much for the daily courtroom twitter feed roundup. I always look forward to your updates and getting closer to justice for Kristin.

 

[Seattle1]

@Emi I don't say it enough- Thank you so much for the daily courtroom twitter feed roundup. I always look forward to your updates and getting closer to justice for Kristin.

Yes -- hear, hear!

 

[Aloe]

@Emi I don't say it enough- Thank you so much for the daily courtroom twitter feed roundup. I always look forward to your updates and getting closer to justice for Kristin.

Much gratitude!

 

[Niner]

Wed., Sept. 8th:
*Preliminary Hearing for Ruben & Hearing for Paul (@ 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) – *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.
*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 8/2/21-8/23/21, 8/25/21 & 8/30/21 & 8/31/21 & 9/1/21 t0 9/2/21 reference post #957 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2
9/3/21 Update: Preliminary hearing for Paul & Ruben Flores has been cancelled for today. Proceedings will resume Tuesday morning. That’s the day the defense says #YourOwnBackyard’s Chris Lambert could take the stand, if the judge allows it. Paul has hearing on 9/8/21 @ 9am & Ruben a preliminary hearing on 9/8/21 @ 9am & both have Motion for Return of Property hearing on 9/9/21 @ 9am.
9/7/21 Update: State witnesses: Philip Hanes, an archeologist for 15 years who used ground penetrating radar at 710 White Court on March 15-16th for SLOPD. Objections and questioning into Hanes foundation were raised by the defense, going into an brief history lesson on the the use of radar, which began in the 1920s. Ground penetrating radar is usually used for finding voids in construction or cracks in concrete. Judge van Rooyen overruled the objection, saying that ground penetrating radar is a screening method before excavation. Cindy Arrington, an archeologist. Preliminary hearing continues on 9/8/21 @ 9am.

 

[Emi]

Ava Kershner @avakershner 25s
Reporting for @CPMustangNews on the #KristinSmart case and Flores Prelim Day 20: Judge van Rooyen granted the motion to quash to Chris Lambert, meaning he does not have to testify.

 

[Emi]

Matt Fountain @MattFountain1 24s
Good morning from Day 20 of the prelim for Paul & Ruben Flores in the #KristinSmart murder case. This morning the court heard arguments over the defense's subpoena for testimony and records of Chris Lambert, podcaster whose #YourOwnBackyard investigated the case.

 

[Emi]

Matt Fountain @MattFountain1 33s
The defense had argued that Lambert attempted to influence the testimony of witnesses, namely Jennifer Hudson, who testified that Lambert told her not to tell investigators of their conversations.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]1m
The 20th day of proceedings in the preliminary hearing for Paul and Ruben Flores in the #KristinSmart case started with Judge Craig van Rooyen granting Chris Lambert’s motion to quash his subpoena meaning the creator of #YourOwnBackyard podcast will not testify.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]1m
Lambert's lawyer cited the shield law and the 1st amendment in their motion to quash. Sanger challenged that Lambert influenced witness testimony, particularly Jeniffer Hudson and Margarita Campos. Sanger kept repeating that a witness said “He wanted things to come out his way”

 

[Emi]

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]17s
Forensic Serologist, Angela Butler is now on the stand. She tests human blood and DNA.

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]1m
Defense attorney Robert Sanger said that the defense has no way to know what Lambert told witnesses in the case without putting him on the stand and having access to his notes and recordings.

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]1m
The motion to quash the subpoena for Witness Chris Lambert was granted by the judge who said it came down to the shield law and first amendment rights. @KSBY

 

[Emi]

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]1m
“If he did that with one witness he probably did that with other witnesses,” Sanger said. (side note- the Smart family were repeatedly shaking their heads during this time.) The Judge said Hudson gave context for her interactions with Lambert, who she talked to before Det Cole.

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]1m
"(Lambert) has the cloak of a journalist sometimes... but when he crosses over to someone trying to influence proceedings in this court... I think the answer is there's no good reason to quash the subpoena," Sanger argued before Judge Craig van Rooyen.

 

[Emi]

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]30s
Lambert's attorney, Diana Palacios, argued that Lambert is protected as a journalist by Shield laws and the 1st Amendment, and that the defense hasn't showed that they couldn't get that information from the witnesses who already testified.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]34s
Defense attorney Robert Sanger, representing Paul Flores, argued Lambert influenced witness testimony including Jennifer Hudson. “Lambert is not just reporting the facts, not just gathering information, but influencing testimony of a key witness,” Sanger said.


Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]55s
Detective Coke took the stand barely to discuss the transportation of evidence to SERI labs and what soil samples were taken. The next witness to take the stand was Angie Butler, a forensic serologist at SERI labs. Questioning is going into her background, more to come at 12pm.

 

[Emi]

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]41s
Palacios said the defense didn't meet their threshold to compel Lambert's testimony. She told judge the defense is trying "to trade off my client's 1st Amendment rights" so that they can impeach previous witnesses. "They want to impeach these witnesses, and that's not enough."

 

[Emi]

KSBY [URL='https://twitter.com/KSBY']@KSBY [/URL] 25s
'Your Own Backyard' podcaster won't testify during Flores preliminary hearing, judge rules. #KristinSmart


'Your Own Backyard' podcaster won't testify during Flores preliminary hearing, judge rules
“Your Own Backyard” podcaster Chris Lambert could take the stand Wednesday during the preliminary hearing for Paul and Ruben Flores.
ksby.com

 

[kolokolo]

*deleted due to double post

 

[kolokolo]

Day 14/30 August .... Sanger told the Judge that CMSP was "ordered" to be made available to testify via ZOOM from SQSP. Per Sanger CMSP was on call through 07 Sept.

Apparently CMSP is no longer on call.

I think most knew this tactic by Sanger wasn't going to happen. Next time Sanger brings up the CMSP testifying in this case most will just yawn.

 

[Emi]

Dave Alley [URL='https://twitter.com/DaveAlleyTV']@DaveAlleyTV [/URL]47m
Podcaster Chris Lambert will not have to testify during the Paul Flores preliminary hearing. The judge has granted his motion to deny a defense motion ordering him to take the stand and turn over his personal files regarding the Kristin Smart murder case.


Smart preliminary hearing: Judge rules against subpoena for ‘Your Own Backyard’ podcaster's notes,...
The Paul Flores preliminary hearing continued on Wednesday with Chris Lambert's rejection of a subpoena demanding the notes and files he used when creating his podcast "Your Own Backyard."
keyt.com

 

[Emi]

Alexa Bertola @Alexa_Bertola 1h
Butler testified that 5 soil samples from the March search of Ruben Flores’ home tested positive for human blood and 8 soil samples tested positive for human blood in April.


Lauren @LaurenWalike 1h
The prosecution asked about Butler's results of the soil samples. She said some tested positive for human blood, but she didn't detect DNA in the soil samples. Butler said this could be for many reasons including that DNA degrades over time and there is no DNA in red blood cells.

Lauren @LaurenWalike 1h
Butler said in practice when there is a positive result to the confirmatory test, this means there is human blood present in the sample. However, she said this comes with a caveat that higher primates, like gorillas or chimpanzees, and ferrets can also have a slight positive.

Lauren @LaurenWalike 1h
Next up was Angela Butler, a forensic serologist at SERI who analyzed the soil samples taken from under Ruben Flores' deck for human blood and DNA. Butler talked about 2 types of test she does to determine the presence of human blood: a presumptive and confirmatory test.

Lauren @LaurenWalike 47m
Detective Clint Cole then took the stand briefly to confirm that on March 17 he transported two soil samples taken from under Ruben Flores' deck during March 15 & 16 excavations to Serological Research Institute (SERI) for testing. Cole was excused and subject to recall.