Still Missing CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3

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Thursday, July 14th:
*Pretrial Motions Hearing (Continued) (for Paul only) (@ 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; 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 began with final jury selection for Paul from 6/27 & ended 6/28/22 & for Ruben jury selection started on 7/11/22 & ended on 7/12/22.
Trial set to begin on 7/18/22 with opening statements for Paul in am & Ruben in pm.
Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries each: 12 jurors & 8 alternates.

Case & court info from 5/17/21 to 6/7/22 & Jury Questionnaire Day 1-5 (6/13-6/17/22) & 6/20/22 & Final Jury Selection Day 1-2 (6/27 & 6/28/22 for Paul) & 7/6 to 7/8/22 (Day 1-3 of motions hearings) & Final Jury Selection Day 1 (7/11/22 for Ruben) reference post #355 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-18

7/12/22 Tuesday, Jury Selection Day 2 (Ruben): Jury selection wrapped up Tuesday & a jury was selected for Ruben Flores.
For more info see posts #359 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-18
Court proceedings will resume on Thursday [7/14/22] with the judge hearing motions from the attorneys. Soil sample evidence & other DNA results were discussed extensively Friday, but testimony has not concluded, so Judge Jennifer O’Keefe said the hearing for the defense’s request to exclude this evidence from being admitted during trial.
 
Public Portal - Superior Court of Monterey, County of Monterey

7/18/202208:30 AMFlores, Paul Ruben22CR003712Sanger, Robert Marshall; Radding, Jeffry C; Wilcox, Rochelle Lyn; Wilcox, Rochelle Lyn; Wilcox, Rochelle Lyn; Wilcox, Rochelle Lyn; Peuvrelle, Christopher GeorgeHearing Reminder
7/18/202201:30 PMFlores, Ruben Ricardo22CR003713Radding, Jeffry C; Wilcox, Rochelle Lyn; Wilcox, Rochelle Lyn; Wilcox, Rochelle Lyn; Wilcox, Rochelle Lyn; Mesick, Harold Victor; Peuvrelle, Christopher George
 
Friday, July 15th:
*Hearing (re Lambert) via Zoom (@ 10am 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 began with final jury selection for Paul from 6/27 & ended 6/28/22 & for Ruben jury selection started on 7/11 & ended 7/12/22.
Trial set to begin on 7/18/22 with opening statements for Paul in am & Ruben in pm. Paul’s attorney Robert Sanger & Ruben’s is Harold V. Mesick. Prosecutor is Christopher Peuvrelle. Judge O’Keefe presiding.
Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries each: 12 jurors & 8 alternates.

Case & court info from 5/17/21 thru Final Jury Selection Day 1-2 (7/11 & 7/12/22 for Ruben) reference post #362 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-19

7/14/22 Update: Motion hearing continued. Monterey County Superior Court Judge Jennifer O’Keefe ruled the prosecution can introduce soil & stain sample evidence during the trial, some of which prosecutors say was collected from Ruben Flores’ property. There was also discussion on which expert witnesses will be eligible to testify along with a motion to quash a subpoena to have Paul’s mother, Susan Flores, testify during the trial over fear of self-incrimination. Susan appeared in court Thursday via Zoom. The judge ruled she will not be excluded as a witness. Next on the list was forensic scientist Angela Butler. Also appearing via Zoom, Butler was subject to cross examination led by the defense where she answered questions about her report on soil samples taken from Ruben Flores' home. The court determined Butler to be a qualified expert & could testify at trial. Judge O’Keefe also found archaeologist Philip Hanes’ testimony admissible, calling him is a qualified expert on ground-penetrating radar. Archaeologist Cindy Arrington, who is regarded as a professional when it comes to the decomposition of human remains, will also be allowed to testify. Regarding DNA & HMEC testing on both soil & mattress samples, the judge ruled it will not be excluded as this technique is generally accepted. Another motion in question was the testimony of key witness Jennifer Hudson, who testified during the preliminary hearing that she may have heard Paul admit to burying Kristin. Judge O’Keefe said questioning is appropriate but with limitations. Regarding Hudson's then boyfriend, Justin Goodwin, the judge decided his testimony is not relevant & at least for now, questioning of the manager of the Kristin Smart Facebook page will also not be allowed, although that's subject to change. A motion by the prosecution was heard to admit evidence alleging sexual aggressions by Paul. That motion hearing was previously postponed because the court wanted to finalize jury selection first to avoid any media exposure that could influence jurors. Judge O’Keefe said witness testimony from three women alleging aggressive sexual behavior is inadmissible during the trial. The judge then ruled to exclude sexual videos, a commercially-produced *advertiser censored* video & Google searches authorities say were found on Paul’s phone. Opening statements in the trial are set to begin Monday, 7/18/22.
Chris Lambert, the creator of the "Your Own Backyard” podcast, has been subpoenaed by the defense. In court Thursday, both parties agreed to allow him to remain in the courtroom, which is not normally the case for witnesses or potential witnesses who are called to testify. A hearing for Lambert’s subpoena involving his lawyers, who will appear via Zoom, will take place on Friday, 7/15/22 at 10am.
 
The San Luis Obispo Tribune has teamed up with ABC News, the Associated Press and the Los Angeles Times in an effort to unseal records in the Kristin Smart murder case. The news media coalition, formed by the Tribune, filed a motion Thursday to both unseal records and allow remote online access to them.

Between April 20, when the Smart case moved to Salinas, and July 5, the last day the Tribune was physically in the Salinas courthouse, only about 12% of court filings that do not pertain to media access are public.

The coalition is asking the court to unseal all records filed in the case on or after April 20, to provide required context to their online register of actions and to find the case “extraordinary,” which would make records available online.

Read more at: https://www.sanluisobispo.com/news/local/crime/article263406908.html#storylink=cpy

Snipped due to copyright rule
 
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