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

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Niner said:
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.
Click to expand...

Many thanks, @Niner !
 
Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]51m
Ruben’s lawyer, Harold Mesick questioned if it’s possible that the blood could have come from a ferret and she said yes.

[URL='https://twitter.com/Alexa_Bertola']Alexa Bertola @Alexa_Bertola 53m
She testified she’s never seen any false positives for this type of blood testing before.
Alexa Bertola @Alexa_Bertola [/URL]54m
Butler says they were not able to type this blood/she did not bc DNA is more definitive.

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]55m
Her lab is still working on mitochondrial DNA analysis on a couple of other samples.

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]57m
Butler says no DNA was detected on any of these samples.
 
 
Thursday, Sept. 9th:
*Motions Hearing for both (@ 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 9/3/21 reference post #969 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2
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. For both Motion for return of property hearing on 9/9/21.
9/8/21 Update: Preliminary hearing. The court heard arguments over the defense's subpoena for testimony and records of Chris Lambert, podcaster whose #YourOwnBackyard investigated the case. Judge van Rooyen granted the motion to quash to Chris Lambert.
State witnesses: Detective Clint Cole took the stand barely to discuss the transportation of evidence to SERI labs and what soil samples were taken. Forensic Serologist, Angela Butler. Motions hearing for both re return of property on 9/9/21.
 
5day.pdf
FLORES, PAUL 21F-02402-A 09/09/2021 09:00 D5 Robert M Sanger Motion for Return of Property
FLORES, RUBEN 21F-02402-B 09/09/2021 09:00 D5 Harold V. Mesick Motion for Return of Property
 
Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]52m
Liddell said the staining under the deck started between 2 and 2.5 feet down in a 4 foot hole that law enforcement dug. @KSBY

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]54m
Day 21 in the preliminary hearing for Paul and Ruben Flores in the #KristinSmart case started with Shelby Liddell, a SLO Sheriff’s forensic specialist, on the stand resuming her testimony from last week. Sanger asked Liddell about soil samples taken from under Ruben Flores’ deck.


Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]56m
San Luis Obispo County Sheriff’s Office Forensic Specialist, Shelby Liddell is back on the stand. Cross examination is underway. The defense is asking about the locations of excavation in Ruben Flores’ backyard and where staining was found. @KSBY
 
Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]36m
Finally, RS got to the point, asking if someone had buried something, dug it up and refilled the hole, would she expect vertical staying to appear that way? SL said not at that particular location.


Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]41m
Sanger: “How did you decide this was a stain?” (Pointing to discoloration in soil)
Liddell: “The whole area is a stain.”
RS: “This sorta looks like the outline of a stain?” (Pointing to darkened edges of discoloration) SL: “That is the edge of the stain, yes.”
Went on like that.


Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]43m
Then at the last five minutes, Robert Sanger again asked about staining Liddell said she found in the soil. Here’s an example of some of the back & forth:

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]44m
Spent the first part of the morning hearing Liddell explain under cross stuff we’ve already heard regarding the collection of soil samples on RF’s property.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]46m
Sanger, representing Paul Flores, also asked Liddell about the staining. He asked her if something was buried in that specific location under the deck and then dug up if that staining would look as it does in photos. Liddell ultimately said no, that it would not look like that.
 
Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]1h
"It does not appear that after the stain was there, the stain would [have been] disturbed," Liddell said when Sanger continued asking about the stains in the area under the deck. Liddell said during the April excavations, the Sheriff's department removed part of Ruben's deck.


Lauren @LaurenWalike 1h
Court will be dark tomorrow and next week. Proceedings for Paul and Ruben Flores' preliminary hearing are expected to resume again on September 20th in the #KristinSmart case.

Lauren @LaurenWalike 1h
Based on Archaeologist Cindy Arrington's earlier testimony, she said the "bathtub ring" stain was undisturbed on the sides, but staining was not consistent on the bottom. She said in her professional opinion this indicated something had been buried and later dug up and moved.
 
Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [URL='https://twitter.com/MattFountain1/status/1436118799447584772']1m
And we're dark until Sept. 20 due to various vacations. The prosecution is supposedly wrapping up their witnesses early that week and the defense is to call its few witnesses. No word now on when the whole thing is expected to wrap and CvR issues his final ruling.[/URL][/URL]
https://twitter.com/MattFountain1

Matt Fountain @MattFountain1 3m
However, due to several factors still playing out, van Rooyen made the rulings without prejudice, meaning the defense can bring it back up if they somehow come across new information that would affect the ruling.

[URL='https://twitter.com/MattFountain1']Matt Fountain @MattFountain1 8m
Re: Peterson, judge said there's "no evidence of any connection between #KristinSmart and Scott Peterson" and no indication SP was at the Crandall Way party.[/URL]

Matt Fountain [URL='https://twitter.com/MattFountain1']@MattFountain1 [/URL]10m
Scrambling to get the write up done, but a quick update. At the end of the day, ran through the defense's proposed witnesses, and Judge van Rooyen ruled to exclude testimony about convicted murderer Scott Peterson and some other people the defense claims should've been suspects.
 
Kristin Smart hearing judge denies several unusual requests by defense
Katie Dowd, SFGATE
Sep. 12, 2021Updated: Sep. 12, 2021 12 p.m.
The hearing in the disappearance and murder of Cal Poly student Kristin Smart has taken several strange turns thanks to the defense team's controversial tactics. Smart hasn't been seen since disappearing on the walk from a party to her dorm on Memorial Day weekend 1996. The lone suspect for more than two decades was Paul Flores, a fellow Cal Poly student who walked back with her that night. Flores and his father, Ruben Flores, were arrested April 13, marking the first time anyone has been arrested in connection with Smart's disappearance.Investigators say Paul Flores, now 44, killed Smart during an attempted sexual assault and his father helped hide the body under their family home in Arroyo Grande. The pair are currently in the midst of a preliminary hearing in San Luis Obispo Superior Court to determine if there is probable cause for the case to move to a criminal trial. Paul and Ruben Flores have pleaded not guilty to murder and accessory to murder, respectively.
On Thursday, Superior Court Judge Craig van Rooyen barred testimony related to a number of other "suspects" put forward by the defense. The most high-profile and baffling among them was convicted murderer Scott Peterson, who is currently incarcerated at San Quentin for the murder of his wife Laci Peterson and their unborn child. The Flores' defense attorney Robert Sanger argued Peterson once told people he disposed of a body near a body of water. Van Rooyen ruled any testimony related to Peterson is inadmissible, as the grounds for introducing him as a suspect were based on hearsay. Van Rooyen also ruled out testimony that would seek to implicate Smart's ex-boyfriend and a Cal Poly student who was suspected in the murder of a woman in San Diego. more at link: Judge denies multiple unusual requests in Kristin Smart hearing
 
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