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

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Flores’ lawyer files a motion to dismiss Kristin Smart murder charges

Dec. 30, 2021
Lawyers representing Paul Flores on a charge he murdered Kristin Smart during an attempted rape in 1996 filed a motion on Dec. 17 to dismiss the case.
[.....]
In his motion, Flores’ defense attorney Robert Sanger argues prosecutors provided insufficient evidence to support Judge van Rooyen’s probable cause finding.

Sanger accuses the prosecution of relying on “speculation and innuendo” in making their case, in the 83-page motion that includes multiple misspellings of the victim’s name and grammatical errors.

“This is a case in which there has been no new credible evidence regarding the disappearance of Kristian Smart [sic] or any involvement on the part of Paul Flores in that disappearance for over 20 years,” Sanger writes in the motion. “Nevertheless, in a series of orchestrated televised moves, the Sheriff and the District Attorney proceeded to arrest and the [sic] prosecute Paul Flores without credible evidence.”

Sanger claims witnesses were only able to remember facts or contacted law enforcement after prodding by podcaster Chris Lambert.
[.....]
Sanger demeans Jennifer Hudson’s reputation, calling the witness who said she heard Paul Flores admit to the crime, a “random person” whose testimony was “preposterous,” specifically Hudson’s claims that Paul Flores was a skater and outgoing.
[.....]
Sanger also criticized the blood evidence and the alerts from dogs as having no evidentiary value or for lacking foundation.

In the filing, Sanger suggests there are others who could have killed Smart while he attacks her reputation, life and personal history.
[.....]
Ruben Flores’ attorney Harold Mesick filed a motion to have Ruben Flores joined in Sanger’s motion to dismiss.

If Sanger and Mesick are successful in their Penal Code Section 995 motions to dismiss, the judge will either drop some of the charges or dismiss the cases.

If the prosecution prevails, the cases will move forward and either be resolved through a plea bargain or a trial — which is currently scheduled to begin on April 25.
 
missslaurenlady said:
Flores attorney seeks to throw out judge's ruling in preliminary hearing for Kristin Smart murder case
Click to expand...

from article:

The attorney for Paul Flores is asking the court to throw out a judge's ruling that there is probable cause for him to stand trial in connection with the 1996 disappearance of Cal Poly student Kristin Smart.
[.....]
After a month and a half-long preliminary hearing that ended on Sept. 22, 2021, San Luis Obispo Superior Court Judge Craig van Rooyen ruled there is sufficient evidence to move the case forward to trial. In explaining his decision, the judge said he has a strong suspicion that Smart was murdered and buried under the deck of Ruben's Arroyo Grande home.

However, the motion, filed in San Luis Obispo Superior Court in December, argues there was insufficient evidence to support a finding of probable cause and the judge's ruling was illegal. It claims the prosecution relied on speculation and innuendo and lacked a coherent theory and that the witnesses were significantly influenced by publicity surrounding Chris Lambert's podcast, "Your Own Backyard," and a "social media driven campaign to convict Paul Flores."

The motion also attacks the admissibility of dog handler testimony during the preliminary hearing. Multiple dog handlers testified that their dogs alerted to Paul's dorm room during a search on the Cal Poly campus following Kristin Smart's disappearance.
[.....]
The trial for the two men is currently scheduled to start on April 25, 2022.

The motion is expected to be heard on January 21.
 
from court site:


FLORES, PAUL RUBEN 21F-02402-A 01/21/2022 08:30 D1 Robert M Sanger Motion to Dismiss Pursuant to PC995

FLORES, RUBEN 21F-02402-B 01/21/2022 08:30 D8 Harold V. Mesick Motion to Dismiss Pursuant to PC995

link: 5day.pdf
 
SLO County DA opposing Paul Flores defense motion asking to dismiss murder charges in the Kristin Smart case | News Channel 3-12

Jan. 19, 2022

SAN LUIS OBISPO, Calif. -- San Luis Obispo County District Attorney Dan Dow has filed a motion opposing a recent motion made by the Paul Flores defense team that is asking the court to dismiss murder charges against the suspect who is accused of killing Kristin Smart.

In a motion filed in December, Flores defense attorney Robert Sanger asked the court to throw out a ruling made by Judge Craig van Rooyen in September that Flores will stand trial for the 1996 murder of the Cal Poly student.

Sanger argued there was a lack of evidence presented by the prosecution in the seven-week long preliminary hearing and that were influenced by the the popularity of the Chris Lambert's podcast, Your Own Backyard.
[.....]
In the 47-page document submitted by Dow, and signed by Deputy District Attorney Chris Peuvrelle, who argued the case during the preliminary hearing, it states there was "ample evidence" presented for the charges and ruling.

It adds the court should deny the defense motion because there is a rational basis for von Rooyen holding order and denial of the defense's various motions.

A hearing is scheduled for Friday, Jan. 21 at 8:30 a.m. in San Luis Obispo County Superior Court Dept. 1 where the defense motion will be heard.
 
Friday, January 21st:
*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) – *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) 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 on 4/25/22.
Case & court info from 5/17/21 to 10/20/21 reference post #56 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3
12/6/21 Update: On Monday, Paul Flores, along with his father Ruben Flores appeared during a Zoom meeting, along with their attorneys, as well as Deputy District Attorney Chris Peuvrelle. Judge Van Rooyen was not able to attend the hearing since was working another jury trial at the courthouse. In his place, Judge Jacquelyn Duffy presided over the hearing, which lasted about 30 minutes. The proceeding was scheduled as a status check in the case, to make sure it was still on track to meet previously scheduled court dates, including the start of the trial. Paul Flores defense attorney Robert Sanger indicated there was an issue with discovery, the sharing of evidence with the prosecution. He added he was working with Peuvrelle & the District Attorney's office to help resolve the issue. A chambers conference meeting between the attorneys & Judge van Rooyen was scheduled for this Wednesday, 12/8/21 at 8:30am. The conference will be private & off-the-record, so the public will not be able to hear what takes place. Dep. DA Peuvrelle asked Judge Duffy to consider pushing back the tentative 1/21/22 start date of the "995 hearing," since he is scheduled to work a month-long case that begins 1/10/22. A 995 hearing is a motion asking the court to consider dismissing the ruling made during the preliminary hearing to move to a jury trial. When the trial date was set in October, Defense attorney Sanger announced he intends to file a 995 motion. At the time, he indicated the motion would be filed sometime before 2/17/21. All of the attorneys announced they are working on other cases at the same time around 1/21/22, so Judge Duffy requested they speak with Judge van Rooyen to determine scheduling. Judge Duffy also confirmed a trial readiness conference remains in place for 4/6/22.
12/17/21 Update: Lawyers representing Paul Flores on a charge he murdered Kristin Smart during an attempted rape in 1996 filed a motion on Dec. 17 to dismiss the case. In his motion, Flores’ defense attorney Robert Sanger argues prosecutors provided insufficient evidence to support Judge van Rooyen’s probable cause finding. Sanger accuses the prosecution of relying on “speculation & innuendo” in making their case, in the 83-page motion that includes multiple misspellings of the victim’s name & grammatical errors. “This is a case in which there has been no new credible evidence regarding the disappearance of Kristin or any involvement on the part of Paul Flores in that disappearance for over 20 years,” Sanger writes in the motion. “Nevertheless, in a series of orchestrated televised moves, the Sheriff & the District Attorney proceeded to arrest & the [sic] prosecute Paul Flores without credible evidence.” Sanger claims witnesses were only able to remember facts or contacted law enforcement after prodding by podcaster Chris Lambert. Sanger also criticized the blood evidence & the alerts from dogs as having no evidentiary value or for lacking foundation. In the filing, Sanger suggests there are others who could have killed Smart while he attacks her reputation, life & personal history. Ruben Flores’ attorney Harold Mesick filed a motion to have Ruben Flores joined in Sanger’s motion to dismiss. If Sanger & Mesick are successful in their Penal Code Section 995 motions to dismiss, the judge will either drop some of the charges or dismiss the cases. If the prosecution prevails, the cases will move forward & either be resolved through a plea bargain or a trial — which is currently scheduled to begin on April 25.
1/13/22 Update: The attorney for Paul Flores is asking the court to throw out a judge's ruling that there is probable cause for him to stand trial in connection with Smart. After a month and a half-long preliminary hearing that ended on Sept. 22, 2021, San Luis Obispo Superior Court Judge Craig van Rooyen ruled there is sufficient evidence to move the case forward to trial. In explaining his decision, the judge said he has a strong suspicion that Smart was murdered & buried under the deck of Ruben's Arroyo Grande home. However, the motion, filed in San Luis Obispo Superior Court in December, argues there was insufficient evidence to support a finding of probable cause & the judge's ruling was illegal. It claims the prosecution relied on speculation & innuendo and lacked a coherent theory & that the witnesses were significantly influenced by publicity surrounding Chris Lambert's podcast, "Your Own Backyard," and a "social media driven campaign to convict Paul Flores." The motion also attacks the admissibility of dog handler testimony during the preliminary hearing. Multiple dog handlers testified that their dogs alerted to Paul's dorm room during a search on the Cal Poly campus following Kristin Smart's disappearance. The trial for the two men is currently scheduled to start on 4/25/22. The motion is expected to be heard on 1/21/22.
1/19/22 Update: San Luis Obispo County DA Dan Dow has filed a motion opposing a recent motion made by the Paul Flores defense team that is asking the court to dismiss murder charges against the suspect who is accused of killing Kristin Smart. In a motion filed in December, 2021 Flores defense attorney Robert Sanger asked the court to throw out a ruling made by Judge Craig van Rooyen in September that Flores will stand trial for the 1996 murder of the Cal Poly student. Sanger argued there was a lack of evidence presented by the prosecution in the seven-week long preliminary hearing & that were influenced by the the popularity of the Chris Lambert's podcast, Your Own Backyard. In the 47-page document submitted by Dow & signed by Deputy DA Chris Peuvrelle, who argued the case during the preliminary hearing, it states there was "ample evidence" presented for the charges & ruling. It adds the court should deny the defense motion because there is a rational basis for von Rooyen holding order & denial of the defense's various motions. A hearing is scheduled for Friday, 1/21/22 at 8:30am in San Luis Obispo County Superior Court where the defense motion will be heard.
 
Matt Fountain @MattFountain1 1h

A SLO judge rejected Paul & Ruben Flores' anticipated bid to toss charges in the #KristinSmart murder case, @SLOTribune's new courts reporter @chloeleejones reports this morning


Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]1h
#Breaking - Judge denies motion by Paul Flores’ lawyers to dismiss #KristinSmart murder case. It’ll still head to trial on April 25th @KSBY

Ava Kershner @avakershner
#BREAKING The Judge denies the Flores’ attorneys motion to dismiss Judge Van Rooyen’s ruling in the #KristinSmart case.


Ava Kershner @avakershner 3h
Reporting for @CPMustangNews
on the Flores motion to dismiss in the #KristinSmart case: Sanger starts the meeting by raising the issue of the Prosecution "minimizing" wearing purple, calling it "pretty egregious"


Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]3h
Replying to @avakershner and @CPMustangNews
The purple clothing topic is still being talked about, Sanger says it adds to the "bias or prejudice of a witness." The foundation for the dog handlers is also being addressed again for the court to consider.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]3h
Sanger calls the dog handlers a "small group of volunteers" that are appreciated for what they do, but are not sufficient for testimony.

[URL='https://twitter.com/avakershner']Ava Kershner @avakershner 2h
I believe it is Judge Duffy in the court room today, they are going through many pages of evidence, reading out the timeline of the night Kristin disappeared and going through testimonies and reports in detail.[/URL]

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]2h
We are being taken back through the night Paul walked Kristin back to the dorms, the black eye Paul had in the days after her disappearance, and the dog's searching of the dorm room.
 
Thank you @Emi for those updates. Since the SLO court site only goes forward to 5 days there is nothing for this case.
I have 4/6/22 as the next hearing - trial readiness hearing.

Unless someone hears any different - I'll move them there on my notes.
 
Ah - found an article with the next court date in it!

Flores' motion to dismiss the ruling to go to trial for murder of Kristin Smart denied - Mustang News

Jan. 21, 2022

Paul and Ruben Flores’ defense’s motion to dismiss their case, preventing it from going to trial, was denied at a Jan. 21 hearing.

Paul and Ruben Flores are being tried for the murder and accessory to the murder, respectively, of former Cal Poly student Kristin Smart. Smart disappeared on May 25, 1996 after walking back to her residential hall on campus from an off-campus party. Paul Flores was the last person to have been seen with Smart, whose body has not been recovered yet was declared legally dead in 2002.

Paul and Ruben Flores will appear in front of van Rooyen on Feb. 2 for a pre-trial meeting.
 
Wednesday, February 2nd:
*Pretrial Conference Hearing (@ 8:30aam 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/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/will be 81 in 3 days) 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 on 4/25/22.
Case & court info from 5/17/21 to 1/13/22 reference post #67 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3
1/19/22 Update: San Luis Obispo County DA Dan Dow has filed a motion opposing a recent motion made by the Paul Flores defense team that is asking the court to dismiss murder charges against the suspect who is accused of killing Kristin Smart. In a motion filed in December, 2021 Flores defense attorney Robert Sanger asked the court to throw out a ruling made by Judge Craig van Rooyen in September that Flores will stand trial for the 1996 murder of the Cal Poly student. Sanger argued there was a lack of evidence presented by the prosecution in the seven-week long preliminary hearing & that were influenced by the the popularity of the Chris Lambert's podcast, Your Own Backyard. In the 47-page document submitted by Dow & signed by Deputy DA Chris Peuvrelle, who argued the case during the preliminary hearing, it states there was "ample evidence" presented for the charges & ruling. It adds the court should deny the defense motion because there is a rational basis for von Rooyen holding order & denial of the defense's various motions. A hearing is scheduled for Friday, 1/21/22 at 8:30am in San Luis Obispo County Superior Court where the defense motion will be heard. Judge Duffy also confirmed a trial readiness conference remains in place for 4/6/22. The trial for the two men is currently scheduled to start on 4/25/22.
1/21/22 Update: Judge Jacquelyn Duffy in the court room today, they are going through many pages of evidence, reading out the timeline of the night Kristin disappeared & going through testimonies & reports in detail. Defense attorney Sanger calls the dog handlers a "small group of volunteers" that are appreciated for what they do, but are not sufficient for testimony. The foundation for the dog handlers is also being addressed again for the court to consider. In the Flores' motion to dismiss in the Smart case: Sanger starts the meeting by raising the issue of the Prosecution "minimizing" wearing purple, calling it "pretty egregious". The Judge denies the Flores’ attorneys motion to dismiss Judge Van Rooyen’s ruling. Next pretrial hearing on 2/2/22 & then trial readiness conference hearing on 4/6/22.
 
https://www.sanluisobispo.com/news/local/crime/article257966853.html
Paul and Ruben Flores have asked for a change of venue for their trial in the Kristin Smart murder case, the judge said in a Wednesday court hearing. They plan to file a motion to do so on March 9, court officials told the Tribune.
The defense’s argument to move the trial out of San Luis Obispo County will be heard March 30. A status conference is scheduled for March 16 via Zoom.
Click to expand...
 
@Niner the next court dates for this case are:
March 9; March 16 Status Conference; March 30; and Aril 25 trial
 
Emi said:
@Niner the next court dates for this case are:
March 9; March 16 Status Conference; March 30; and Aril 25 trial
Click to expand...

Thanks! Is the 3/30 hearing a status hearing? TIA! :) Never mind I see that is the change of venue hearing... :rolleyes:

Oh - I also have 4/6 as a pretrial conference hearing.
 
from quote from the article:

Paul and Ruben Flores have asked for a change of venue for their trial in the Kristin Smart murder case, the judge said in a Wednesday court hearing. They plan to file a motion to do so on March 9, court officials told the Tribune.
The defense’s argument to move the trial out of San Luis Obispo County will be heard March 30. A status conference is scheduled for March 16 via Zoom.

re bold - I don't think that is a hearing date, just that is when defense will file their change of venue. So their next hearing would be 3/16.
 
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