Chloe Jones @chloeleejones 3m
On the popularity/prominence of Kristin Smart and Paul Flores, he said they were both unknown until the crime. Usually this would weigh against a change of venue, but because of the extent of the publicity change of venue is granted
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
5m
On the size of the county, he said the saturation of the publicity in a county is dependent on the case. He said there is not enough people in the county to dilute the bias in potential jurors
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
5m
He said the news coverage and publicity weighs heavily in favor of a venue change
https://twitter.com/chloeleejones/status/1509209625882624004
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
6m
Quoting a Tribune article of SLO County's reaction to the arrest, he said it shows how invested local community members are in this case
Chloe Jones[URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
8m
He said the support for the Smart family in the county is understandable, but that both sides deserve a fair trial
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
9m
"I don't think this case is discussed around dinner tables in other counties like it is in this county" Van Rooyen said
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
10m
He said most of the coverage has been factual, but there has been speculation quoted in some articles. He said speculation and opinions have been shared in several media mediums - not just news
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
14m
He said the case has been in the news for 25 years and has been the focus of intense scrutiny in the county for decades and has only increased over time
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
15m
Van Rooyen said the gravity of the offense meets the criteria because the impacts will be felt in the county no matter the verdict. He said the nature does not apply because we don't know the gory details of the crime so this is neutral to the decision
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
16m
RULING: Judge Van Rooyen said there IS a likelihood the trial will be unfair in SLO County. The trial will be moving!
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
17m
He said they are look at whether there is a reasonable likelihood the defendants will not receive a fair trial in SLO County. He said the court is in a position where they have to predict whether the trial can be fair.
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
18m
Judge Craig Van Rooyen is not striking Susan Flores declaration
Chloe Jones @chloeleejones 19m
Sanger claims the news has continued to "point the finger" at Paul Flores, and that Sheriff Ian Parkinson pointed the finger at the press conference following Paul and Ruben Flores' arrest
Chloe Jones [URL='https://twitter.com/chloeleejones']@chloeleejones [/URL]
20m
Sanger said the fact that there has been national publicity does not inherently negate the need for changing the trial location. He said the national publicity has more influence on local people because people recognize their local case making national headlines
Chloe Jones @[URL='https://twitter.com/chloeleejones']chloeleejones [/URL]
22m
"I don't see how you can have a trial and have people drive by a billboard on the way to court and not be influenced one way or another," Sanger said
Chloe Jnes @
hloeleejones 30m
On Susan Flores declaration: h=He said while parts of her declaration may not be verifiable, most of it can be verified through Arroyo Grande PD records
Chloe Jones @chloeleejones 31m
He maintains that the publicity around the case has been geared toward painting a negative picture of Paul and Ruben Flores while it has put Kristin Smart on a pedestal
Chloe Jones @chloeleejones 32m
He said they did not need a poll/survey because they don't need to show prejudice, they need to show a likelihood of prejudice. He said the case does meet the criteria of the five change-of-venue factors
Chloe Jones @chloeleejones 34m
Sanger said its not that he thinks there are not fair jurors in SLO County, but that it only takes one biased juror to jeopardize the fairness of a trial
Chloe Jones @chloeleejones 35m
Sanger disagrees, and said that because these cases are trying to show prejudice after trial, not before. He said it's not a fair sampling because when convictions are challenged because of juror bias, its on juror misconduct more namely than change-of-venue motion denials
Chloe Jones @chloeleejones 37m
Judge Craig Van Rooyen said post-conviction cases are in fact informative to the DA's arguments because they provide context to the denial of change-of-venue motions
Chloe Jones @chloeleejones 45m
Sanger response to Seiler: Two major problems with the DA's argument. He said they do not have to show evidence of prejudice, and the cases cited by the DA are all post-conviction cases, meaning they are cases that went to appeal & had to show proof of prejudice during the trial
Chloe Jones @chloeleejones 47m
The jurors of San Luis Obispo County can provide a fair trial for Paul and Ruben Flores, she said
Chloe Jones @chloeleejones 48m
She said if voir dire, the questioning of potential jurors, shows potential jurors may be biased, the defense can refile a motion and the court can revisit the issue.
Chloe Jones @chloeleejones 49m
She said the Flores lawyers have not showed proof that potential jurors will be biased, and that simply knowing about the case does not imply a bias. This goes back to that survey the Flores team did not conduct a poll/survey to collect data on potential juror bias
Chloe Jones @chloeleejones 50m
She noted that only four of the articles provided by the defense happened in the past six months, and that national news coverage does not weigh in favor of change-of-venue
Chloe Jones @chloeleejones 51m
She said the news coverage was not as saturated as other cases. While there has been significant coverage of this case, calling the defense's argument about this a hyperbole. She said they say there are endless articles, but did not show that.
Chloe Jones @chloeleejones 54m
She said the news coverage was factual, not sensation, and based on evidence. She said that the fact that Paul Flores was the last person to see Smart is not inflammatory because it would come out at trial and is a fact
Chloe Jones @chloeleejones 55m
Reminder of these factors: The nature and gravity of the offense, the nature and extent of the news coverage, the size of the community, the status of the defendant in the community, and the popularity and prominence of the victim.
Chloe Jones @chloeleejones 54m
She is noting the five factors considered for a change of venue case have not been at the standard to move trial locations.
Chloe Jones @chloeleejones 56m
She says the defense has not met the criteria to prove the claim that the two cannot receive a fair trial in SLO County. She said all of the defense's claims are speculation
Chloe Jones @chloeleejones 57m
She is objecting to Susan Flores' declaration that was included in the defense's motion because it is unverifiable. She recounted in her declaration an experience being harassed at a restaurant
Chloe Jones @chloeleejones 58m
Crystal Saler for the SLO County DA's Office is up to argue now
Chloe Jones @chloeleejones 59m
"They want a fair trial and to hang them at dawn," Mesok said.
Chloe Jones @chloeleejones 59m
Harold Mesok, another lawyer for the Flores family, said it will be difficult to get a fair trial in any county in California because of the publicity of the case. He said it's important to move the trial because the publicity has been slanted
Chloe Jones @chloeleejones 1h
I'm at the change-of-venue hearing for the Kristin Smart murder trial for
@SLOTribune. There was a last minute change upon arrival today, and no members of the public will be allowed inside. The hearing will be livestreamed. Follow this thread for real-time updates
Chloe Jones @chloeleejones 1h
Sanger is addressing how their motion did not include a survey or poll in their change-of-venue motion — a standard in most change-of-venue motions, especially the successful ones. He said the dynamics of a survey was not feasible in the days of robocalls
Chloe Jones @chloeleejones 1h
He said a poll was not necessary because of the overwhelming publicity to prove Paul and Ruben Flores could not receive a fair trial in SLO County
