Niner
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Still Missing CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3
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Emi
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Read more at: https://www.sanluisobispo.com/news/local/crime/article262300092.html#storylink=cpy
clipped from the link above due to copyright rule
Niner
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I'll shorten this up a bit - but wanted to get all info on one post.
Monday, June 13th:
*Juror Questionnaire Hearing (@ am 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; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) 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.
Trial set to begin with jury selection starting on 6/20 thru 6/24 for Paul & on 6/27 thru 7/1 for Ruben. Trial set to begin on 7/6/22. Trial has been moved from San Luis Obispo County to Monterey County in Salinas.
Case & court info from 5/17/21 to 5/23/22 reference post #189 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-10
5/31/22 Update: State filed 2 motions (under seal) for Paul & 2 motions for Ruben. Paul’s defense filed 4 motions (all under seal). 5/31/22: Request & Brief. Media Coverage-NBCUniversal Media, LLC, News Press Gazette, DBA KEYT-TV, KKFX-CD & KION-TV, Hearst Stations Inc., DBA KCRA & KSBW, EW Scripps Company, DBA KSBY-TC, Court TV & Newsy. Hearings: from 6/6/22 to 6/10/22 pretrial hearing: Motions in Limine. From 6/13/22 to 6/17/22-Juror Questionnaires. Two juries will be picked. From 6/20/22 to 6/24/22-Jury Selection for Paul Flores. From 6/27/22 to 7/1/22-Jury Selection for Ruben Flores. 7/5/22-No Trial Activity dark due to Holiday. Trial begins on 7/6/22, AM: Opening Statement Paul Flores; 7/6/22, PM: Opening Statement Ruben Flores.
6/6/22 Update: Day 1 of pretrial motions hearing: The only unsealed motion is on procedures during jury selection. The prosecution tried to seal that motion, but it was denied. The other motions are sealed. There are 15 motions filed total, can’t tell if any are repeats. 7 by the prosecution, 7 by Flores & one by an unknown party. Flores team filed a motion to dismiss & it will be heard today at 1:30 pm. Robert Sanger, Flores lawyer, wants to call either Eric Dobroth or Chris Peurville to the stand.
Judge has decided on a dual jury procedure for Paul & Ruben Flores because of statements made that could implicate the other. Jury selection starts June 20. Remaining from pool will form jury for Ruben. Judge Jennifer O'Keefe announced the trial is expected to start 7/6/22 & run through October, 2022.
for more info see posts #201 to 203 & 205-209 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-11
SLO County Assistant DA Eric Dobroth on the stand.
for more info see posts #211 to 217 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-11
Motion to dismiss case denied. More than 1,500 jurors will be screened to take part in one of the two juries.
Evidentiary hearing continued to 6/7/22.
6/7/22 Update: Day 2 of pretrial motions hearing: No cameras or electronic devices allowed in the courtroom. Limited still photos only for trial.
People’s Motions in Limine were heard first. People’s motion #1: Statements of the defendants may only be introduced by the prosecution & NOT the defense. The judge granted this motion.
People’s motion #2: Request to enter Paul Flores’ 5/27/96 booking photo from Arroyo Grande Police Dept. DUI (photo where PF’s black eye is visible). Defense Attorney Robert Sanger argued that the photo’s chain of custody was questionable. The judge granted this motion.
People’s motion #3: Request to exclude questioning about a witness’s past drug usage. The judge granted this motion.
People’s motion #4: Request that the defense not be allowed to ask questions which assume facts not in evidence. Sanger argues that the prosecution did this too during the prelim. The judge grants the People’s motion.
People’s motion #5: Request to exclude discussion about “purple tie” wearing. The judge said she needs additional time to decide on a ruling. Motions #6 and #7 also pertain to purple tie wearing.
People’s motion #8: Request to exclude any questions or comments regarding Kristin’s sexual history, speculation that she may have been pregnant, or anything that belittles her behavior. The judge finds that there is very little probative value regarding these topics. She says all speculation regarding Kristin being pregnant at the time of her disappearance amounts to hearsay. “It’s simply not going to be admissible.” Motion granted.
People’s motion #9 will be taken up at a later time. After a brief chambers conference, all parties agree to take up People’s motion #10 at a later time as well.
People’s motion #11: Any Batson-Wheeler motions (challenges against a potential juror) be heard outside the presence of the jury. Motion granted.
People’s motion #12: Request that no comments be made in front of the jury about any possible penalty the defendants might face. The judge granted this motion.
People’s motion #13: Request that the defense disclose statements of all witnesses they are planning to call. The judge grants this motion & says that these should have already been turned over, as trial is already less than 30 days away.
People’s motion #14: Request a hearing to establish the relevance of each defense witness before they are called to the stand. The judge says she will not grant or deny the motion at this time.
People’s motion #15: Request that no speaking objections be allowed in front of the jury. This means that every objection will need to be discussed in a private sidebar between the judge & counsel every time. The judge grants this motion.
People’s motion #16: Request to exclude all witnesses from courtroom proceedings. The judge grants this motion with caveats: The Smart family & Susan Flores will be allowed to remain in the courtroom for all proceedings, except opening statements.
Susan Flores is NOT currently expected to be called as a witness.
Judge also ruled that the defense team cannot make accusations of prosecutorial misconduct in front of the jury.
Defense motion #1: Request to hold a hearing regarding the admissibility of certain statements made by Paul or Ruben Flores which the prosecution intends to introduce. Motion to be decided on at a later time.
Defense motion #2 was not discussed & will also be taken up at a later date.
Defense motion #3: Request for the prosecution to provide all data regarding potential jurors in the jury pool. Deputy District Attorney Christopher Peuvrelle says no such data exists. The judge grants the motion with the note: “the materials are not in existence.”
Defense motion #4: Request that Kristin be referred to by name & not referred to as a “victim” by the prosecution. Sanger says the term “victim” is “a conclusion” & “inappropriate”. Peuvrelle argues that there is “no doubt that Ms. Smart is a victim in this case”. The judge says that in the court’s view, Kristin Smart was a victim of some kind, as there is overwhelming evidence that she did not disappear of her own volition. Referring to her as a “victim” does not imply the defendants’ guilt. Defense motion is denied.
Defense motion #5: Request that Paul Flores be referred to by name & not by a “pejorative designation”. Peuvrelle says the request is vague & asks if that includes referring to Flores as a “defendant”. Sanger says referring to Flores as “defendant” would be inappropriate. Ruben Flores’ defense attorney, Harold Mesick, does not agree that the term is inappropriate & says that the Floreses are “undeniably defendants” in this case. The judge “tentatively” grants the motion to not use pejorative terms, but allows for use of the word “defendant”.
Defense motion #6: Request that Paul Flores be allowed to dress up in a suit for court & not be required to wear prison clothes or restraints in front of a jury. The judge grants the motion & adds that this is already standard procedure.
The rest of the week will be dark. Next hearing is scheduled for Monday, 6/13/22, when juror questionnaires & hardship requests are expected to be heard.
Parties cannot object to something in front of jurors, so parties will have to discuss objections at the bench privately.
Monday, June 13th:
*Juror Questionnaire Hearing (@ am 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; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) 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.
Trial set to begin with jury selection starting on 6/20 thru 6/24 for Paul & on 6/27 thru 7/1 for Ruben. Trial set to begin on 7/6/22. Trial has been moved from San Luis Obispo County to Monterey County in Salinas.
Case & court info from 5/17/21 to 5/23/22 reference post #189 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-10
5/31/22 Update: State filed 2 motions (under seal) for Paul & 2 motions for Ruben. Paul’s defense filed 4 motions (all under seal). 5/31/22: Request & Brief. Media Coverage-NBCUniversal Media, LLC, News Press Gazette, DBA KEYT-TV, KKFX-CD & KION-TV, Hearst Stations Inc., DBA KCRA & KSBW, EW Scripps Company, DBA KSBY-TC, Court TV & Newsy. Hearings: from 6/6/22 to 6/10/22 pretrial hearing: Motions in Limine. From 6/13/22 to 6/17/22-Juror Questionnaires. Two juries will be picked. From 6/20/22 to 6/24/22-Jury Selection for Paul Flores. From 6/27/22 to 7/1/22-Jury Selection for Ruben Flores. 7/5/22-No Trial Activity dark due to Holiday. Trial begins on 7/6/22, AM: Opening Statement Paul Flores; 7/6/22, PM: Opening Statement Ruben Flores.
6/6/22 Update: Day 1 of pretrial motions hearing: The only unsealed motion is on procedures during jury selection. The prosecution tried to seal that motion, but it was denied. The other motions are sealed. There are 15 motions filed total, can’t tell if any are repeats. 7 by the prosecution, 7 by Flores & one by an unknown party. Flores team filed a motion to dismiss & it will be heard today at 1:30 pm. Robert Sanger, Flores lawyer, wants to call either Eric Dobroth or Chris Peurville to the stand.
Judge has decided on a dual jury procedure for Paul & Ruben Flores because of statements made that could implicate the other. Jury selection starts June 20. Remaining from pool will form jury for Ruben. Judge Jennifer O'Keefe announced the trial is expected to start 7/6/22 & run through October, 2022.
for more info see posts #201 to 203 & 205-209 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-11
SLO County Assistant DA Eric Dobroth on the stand.
for more info see posts #211 to 217 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-11
Motion to dismiss case denied. More than 1,500 jurors will be screened to take part in one of the two juries.
Evidentiary hearing continued to 6/7/22.
6/7/22 Update: Day 2 of pretrial motions hearing: No cameras or electronic devices allowed in the courtroom. Limited still photos only for trial.
People’s Motions in Limine were heard first. People’s motion #1: Statements of the defendants may only be introduced by the prosecution & NOT the defense. The judge granted this motion.
People’s motion #2: Request to enter Paul Flores’ 5/27/96 booking photo from Arroyo Grande Police Dept. DUI (photo where PF’s black eye is visible). Defense Attorney Robert Sanger argued that the photo’s chain of custody was questionable. The judge granted this motion.
People’s motion #3: Request to exclude questioning about a witness’s past drug usage. The judge granted this motion.
People’s motion #4: Request that the defense not be allowed to ask questions which assume facts not in evidence. Sanger argues that the prosecution did this too during the prelim. The judge grants the People’s motion.
People’s motion #5: Request to exclude discussion about “purple tie” wearing. The judge said she needs additional time to decide on a ruling. Motions #6 and #7 also pertain to purple tie wearing.
People’s motion #8: Request to exclude any questions or comments regarding Kristin’s sexual history, speculation that she may have been pregnant, or anything that belittles her behavior. The judge finds that there is very little probative value regarding these topics. She says all speculation regarding Kristin being pregnant at the time of her disappearance amounts to hearsay. “It’s simply not going to be admissible.” Motion granted.
People’s motion #9 will be taken up at a later time. After a brief chambers conference, all parties agree to take up People’s motion #10 at a later time as well.
People’s motion #11: Any Batson-Wheeler motions (challenges against a potential juror) be heard outside the presence of the jury. Motion granted.
People’s motion #12: Request that no comments be made in front of the jury about any possible penalty the defendants might face. The judge granted this motion.
People’s motion #13: Request that the defense disclose statements of all witnesses they are planning to call. The judge grants this motion & says that these should have already been turned over, as trial is already less than 30 days away.
People’s motion #14: Request a hearing to establish the relevance of each defense witness before they are called to the stand. The judge says she will not grant or deny the motion at this time.
People’s motion #15: Request that no speaking objections be allowed in front of the jury. This means that every objection will need to be discussed in a private sidebar between the judge & counsel every time. The judge grants this motion.
People’s motion #16: Request to exclude all witnesses from courtroom proceedings. The judge grants this motion with caveats: The Smart family & Susan Flores will be allowed to remain in the courtroom for all proceedings, except opening statements.
Susan Flores is NOT currently expected to be called as a witness.
Judge also ruled that the defense team cannot make accusations of prosecutorial misconduct in front of the jury.
Defense motion #1: Request to hold a hearing regarding the admissibility of certain statements made by Paul or Ruben Flores which the prosecution intends to introduce. Motion to be decided on at a later time.
Defense motion #2 was not discussed & will also be taken up at a later date.
Defense motion #3: Request for the prosecution to provide all data regarding potential jurors in the jury pool. Deputy District Attorney Christopher Peuvrelle says no such data exists. The judge grants the motion with the note: “the materials are not in existence.”
Defense motion #4: Request that Kristin be referred to by name & not referred to as a “victim” by the prosecution. Sanger says the term “victim” is “a conclusion” & “inappropriate”. Peuvrelle argues that there is “no doubt that Ms. Smart is a victim in this case”. The judge says that in the court’s view, Kristin Smart was a victim of some kind, as there is overwhelming evidence that she did not disappear of her own volition. Referring to her as a “victim” does not imply the defendants’ guilt. Defense motion is denied.
Defense motion #5: Request that Paul Flores be referred to by name & not by a “pejorative designation”. Peuvrelle says the request is vague & asks if that includes referring to Flores as a “defendant”. Sanger says referring to Flores as “defendant” would be inappropriate. Ruben Flores’ defense attorney, Harold Mesick, does not agree that the term is inappropriate & says that the Floreses are “undeniably defendants” in this case. The judge “tentatively” grants the motion to not use pejorative terms, but allows for use of the word “defendant”.
Defense motion #6: Request that Paul Flores be allowed to dress up in a suit for court & not be required to wear prison clothes or restraints in front of a jury. The judge grants the motion & adds that this is already standard procedure.
The rest of the week will be dark. Next hearing is scheduled for Monday, 6/13/22, when juror questionnaires & hardship requests are expected to be heard.
Parties cannot object to something in front of jurors, so parties will have to discuss objections at the bench privately.
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Jury selection in Kristin Smart murder trial to begin Monday
Jury selection in the Kristin Smart murder trial is scheduled to start on Monday at the Monterey County Courthouse in Salinas.
www.ksbw.com
Emi
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YOUR OWN BACKYARD - new episode added - title: People vs Flores #1 motions
cujenn81
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I listened to the latest episode of Your Own Backyard podcast today. So, he mentioned a motion that was granted by the judge last week whereby every objection will be discussed in a private sidebar between the judge and counsel rather than discussed out loud. Has anyone ever heard of this being done? I can’t imagine how tedious and time consuming that will be! If I were a juror and had to sit there twiddling my thumbs thru a sidebar every time there was an objection, things would get really old really fast.
Niner
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Tuesday, June 14th:
*Juror Questionnaire Hearing (Day 2) (@ am 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; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) 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.
Trial set to begin with jury selection starting on 6/20 thru 6/24 for Paul & on 6/27 thru 7/1 for Ruben. Trial set to begin on 7/6/22. Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries: 12 jurors & 8 alternates.
Case & court info from 5/17/21 to 6/7/22 reference post #248 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-13
6/13/22 Monday, Jury questionnaire day 1: Two separate juries will be chosen (12 jurors, 8 alternates each) from a pool of 1520 people. This week there will be four groups of jurors seen. Each group will take the questionnaire only. Each group will fill out the questionnaire in court & then receive a notification on Saturday June 18 on whether they need to return for further questioning. If they return, it would be either on June 20 or June 27. First round finished up, 72 jurors total. 12 are coming back & 60 have been excused. Round two has 46 jurors. Jury questionnaire continues on 6/14/22, when juror questionnaires & hardship requests are expected to be heard.
*Juror Questionnaire Hearing (Day 2) (@ am 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; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) 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.
Trial set to begin with jury selection starting on 6/20 thru 6/24 for Paul & on 6/27 thru 7/1 for Ruben. Trial set to begin on 7/6/22. Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries: 12 jurors & 8 alternates.
Case & court info from 5/17/21 to 6/7/22 reference post #248 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-13
6/13/22 Monday, Jury questionnaire day 1: Two separate juries will be chosen (12 jurors, 8 alternates each) from a pool of 1520 people. This week there will be four groups of jurors seen. Each group will take the questionnaire only. Each group will fill out the questionnaire in court & then receive a notification on Saturday June 18 on whether they need to return for further questioning. If they return, it would be either on June 20 or June 27. First round finished up, 72 jurors total. 12 are coming back & 60 have been excused. Round two has 46 jurors. Jury questionnaire continues on 6/14/22, when juror questionnaires & hardship requests are expected to be heard.
WhiskeySunflower
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Yes and judge decided against it.
Emi
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Niner
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Wednesday, June 15th:
*Juror Questionnaire Hearing (Day 3) (@ am 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; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) 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.
Trial set to begin with jury selection starting on 6/20 thru 6/24 for Paul & on 6/27 thru 7/1 for Ruben. Trial set to begin on 7/6/22. NOT THERE! Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries: 12 jurors & 8 alternates.
Case & court info from 5/17/21 to 6/7/22 & Jury Questionnaire Day 1 (6/13/22) reference post #256 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-13
6/14/22 Tuesday, Jury Questionnaire Day 2: No info on what happened Tuesday. Both sides in every case will be capable to use 10 preemptive strikes. Jury questionnaire continues on 6/15/22, when juror questionnaires & hardship requests are expected to be heard.
*Juror Questionnaire Hearing (Day 3) (@ am 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; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) 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.
Trial set to begin with jury selection starting on 6/20 thru 6/24 for Paul & on 6/27 thru 7/1 for Ruben. Trial set to begin on 7/6/22. NOT THERE! Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries: 12 jurors & 8 alternates.
Case & court info from 5/17/21 to 6/7/22 & Jury Questionnaire Day 1 (6/13/22) reference post #256 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-13
6/14/22 Tuesday, Jury Questionnaire Day 2: No info on what happened Tuesday. Both sides in every case will be capable to use 10 preemptive strikes. Jury questionnaire continues on 6/15/22, when juror questionnaires & hardship requests are expected to be heard.
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