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

[Caring4Many]

Suspect in Kristin Smart killing previously suspected in 2007 rape allegation

Snipped for clarity

I do wonder if this specific case or if they should find others would fit the “felony rape” standards. If so, according to this link, there isn’t a statue of limitations.

California Criminal Statutes of Limitations

Maybe I am over thinking this, but has anyone else ever thought that some of these things were being carefully planned out for release? It occurred to me initially when CL did the radio show and mentioned that the pieces that were most shocking were not even IN the podcast. Someone here stated that if RF were released he could be tailed and his electronics tapped. It made me wonder if LE knew he’d be let out eventually and were counting on it. Once he was they planned to release things. 1) Once released have Smart family suit papers sent 2) Release info that PF DNA match was made etc etc etc all to see what the reactions were, who they would call, apply the pressure to see who was the weak link and what else would fall out.
I also hope that PFs DNA was used on a wider scale to look at any other cases. Especially with the rumors that he was possibly involved with the Amber Hill murder. I believe her disappearance was the same month as the recently released rape allegations.

OK enough babbling from me

 

[sleepysleuth]

Any chance that the police would be able to track their devices one year later? I was just wondering if cell data could pinpoint an area where they may have relocated her remains? Also wondering if they even had cell phones at the time - were they taken as evidence during the search in the days prior?

 

[sleepysleuth]

Okay - I'm sorry for posting so much - this is the first bit of free time I have had to do any sleuthing so I'm just kind of dumping. Not trying to take over here...

So I was just kind of playing around on Google Maps to see how direct the route is from Ruben's house to Huasna (it's really direct), and then I decided to look at the street view of Ruben's House. Notably, he's in the driveway when the Google car passed by, but that's not really what I was looking for. I wanted to see if any neighbors have a vantage point into his backyard. It's possible that the house behind his could see into the backyard, but also - there's this perfect little gap in the woods at the fence line that gives an unobstructed view into the backyard.



This gives me big hope that someone actually recorded a video of them digging behind the house and turned that over to the police.

But also - I can't figure out why Doe Defendants 1 & 2 haven't been charged with a crime? Do we think there's a possibility that they are trying to negotiate with them to turn on Ruben in order to avoid prosecution? Is this why they weren't named by the Smarts in the suit?


ETA: I just realized there is another vantage point from the other road that also looks into the backyard. They have to be truly stupid to have thought they could move her body without being seen.

 

[MysteryMaven]

Interesting about Huasna. Chris Lambert focused one of his episodes on Huasna. Also Ruben Flores refused to discuss his rural work routes during his deposition.
Chris Lambert gave an interview on the Up and Adam show that is worth a listen. I think Ruben’s neighbors may tipped CL off about several things.
He doesn’t reveal any sources but he says there are many eyes in the community watching the Flores family. Chris Lambert is awesome just have to throw that out there!

 

[sleepysleuth]

Thanks for the interview rec @MysteryMaven - I'm going to listen to it now!

 

[Kapua]

I do wonder if this specific case or if they should find others would fit the “felony rape” standards. If so, according to this link, there isn’t a statue of limitations.

California Criminal Statutes of Limitations

Maybe I am over thinking this, but has anyone else ever thought that some of these things were being carefully planned out for release? It occurred to me initially when CL did the radio show and mentioned that the pieces that were most shocking were not even IN the podcast. Someone here stated that if RF were released he could be tailed and his electronics tapped. It made me wonder if LE knew he’d be let out eventually and were counting on it. Once he was they planned to release things. 1) Once released have Smart family suit papers sent 2) Release info that PF DNA match was made etc etc etc all to see what the reactions were, who they would call, apply the pressure to see who was the weak link and what else would fall out.
I also hope that PFs DNA was used on a wider scale to look at any other cases. Especially with the rumors that he was possibly involved with the Amber Hill murder. I believe her disappearance was the same month as the recently released rape allegations.

OK enough babbling from me

I don't think you are overthinking things at all. (If you are, then so am I.) Four thoughts: 1. I think it may be the Smart's attorney who determined that this was the time to go forward with the civil suit. 2. I need to go back and research the Amber Hill murder, but it wouldn't surprise me if PF is a POI. 3. To me, "confidential informant known to the police" sounds like an undercover officer or maybe a private detective. But I like everyone's alternate take on that as well. 4. Whoever the eyewitness is, it surprises me that SF and MM were not also arrested. It can't be legal to move the corpse of a murder victim. IMHO.

 

[Seattle1]

The compiled news update was somewhat confusing so I picked out the specifics to the civil lawsuit that was filed in 1997 but had been suspended due to the ongoing criminal investigation. It seems that Murphy waited until an arrest to move his case forward.

https://www.sanluisobispo.com/news/local/article250873499.html

April 22, 2021
[..]

Murphy’s office — which has a well-known sign seeking information about Smart’s disappearance outside its Arroyo Grande office — has represented the Smarts since 1997, when he filed a still-open but suspended wrongful death lawsuit against Paul Flores.

Subpoenas filed by Murphy at the time requested the entire San Luis Obispo County Sheriff’s Office investigative report, including interviews with witnesses and Flores, physical evidence, all internal memos concerning the Smart case, and forensic reports.

Those records are part of the criminal investigation and thus must stay confidential, essentially freezing the civil lawsuit.

Every year, a representative from the county tells the judge at an in-chambers hearing that the criminal case remains ongoing and records requested by the family must remain confidential, and another hearing is set for a year out.

Murphy said the hope is that that lawsuit will eventually proceed.

[..]

The action filed Wednesday specifically targets Ruben Flores’ conduct as alleged by the District Attorney’s Office, Murphy previously said.

In the complaint, Murphy writes that on Feb. 5, 2020, San Luis Obispo County sheriff’s deputies served a search warrant at Ruben Flores’ home at 710 White Court in Arroyo Grande. Susan Flores’ home and an unspecified property in Washington were also searched that day.

[..]

 

[Treetoast]

This is a weird case and I have a bad feeling about it.

 

[Emi]

24 years after disappearance, Kristin Smart still captivates Cal Poly

On the morning of April 13, just hours after Paul and Ruben Flores were arrested for their alleged involvement in Kristin Smart’s disappearance and death, Cal Poly University freshman Michelle Mueller cried and lit a candle for Smart.

 

[Emi]

Kristin Smart was buried in Ruben Flores' backyard, court document shows

The body of Smart, which has never been found, was recently moved from the home of Ruben Flores, a prosecutor said, according to a document filed Monday and posted on social media by a reporter for The Tribune of San Luis Obispo.

 

[Kapua]

Kristin Smart was buried in Ruben Flores' backyard, court document shows

Well, there goes his reputation as an "upstanding member of the community." /sarc.

 

[Emi]

Parents of Kristin Smart sue Paul Flores' father, who is accused of hiding their daughter's body

The parents of missing California college student Kristin Smart on Thursday sued the father of the man charged with killing their daughter nearly 25 years ago.

 

[ChatteringBirds]

This is a weird case and I have a bad feeling about it.

It's appalling, to say the least.
Justice for Kristin.
And any other victims.

 

[LinasK]

Another bombshell -- and there's a witness!

Matt Fountain@MattFountain1

Ruben Flores had help in moving #KristinSmart’s remains from his Arroyo Grande property, the Smart family’s attorney says. And he says there’s a witness.



Ruben Flores moved Kristin Smart’s body after 2020 search, Smart family lawsuit says
Arroyo Grande attorney Jim Murphy alleges Ruben Flores moved Kristin Smart’s remains with the help of two other people.
sanluisobispo.com

5:23 PM · Apr 22, 2021·Twitter for iPhone

Then why haven't they charged the mother and her boyfriend?

 

[MysteryMaven]

Thanks for the interview rec @MysteryMaven - I'm going to listen to it now!

It has a lot of eyebrow raising info!

 

[K9Enzo]

Does a wrongful death civil lawsuit against PF & RF being filed now (by KS parents) complicate anything for prosecutors in this case that are preparing for court? I'm curious.

 

[Seattle1]

Then why haven't they charged the mother and her boyfriend?

These allegations are all coming from the attorney representing the Smart family in their longtime suspended civil lawsuit which carries a different standard of proof than criminal charges and proof beyond a reasonable doubt.

Given the sealed evidence and gag order -- hard to say for certain. Nonetheless, I think if the prosecutor believed he could prove these allegations today, they'd be charged.

The doors not closed here! Additional charges and additional arrests are always possible.

 

[cvaldez1975]

Another bombshell -- and there's a witness!

Matt Fountain@MattFountain1

Ruben Flores had help in moving #KristinSmart’s remains from his Arroyo Grande property, the Smart family’s attorney says. And he says there’s a witness.



Ruben Flores moved Kristin Smart’s body after 2020 search, Smart family lawsuit says
Arroyo Grande attorney Jim Murphy alleges Ruben Flores moved Kristin Smart’s remains with the help of two other people.
sanluisobispo.com

5:23 PM · Apr 22, 2021·Twitter for iPhone

relevant parts please its paywalled. thanks!

 

[Kapua]

Then why haven't they charged the mother and her boyfriend?

That's an excellent question! Here's my SWAG: Prosecutors may offer immunity from prosecution in exchange for testifying as to what happened the night they allegedly moves KS's remains and other valuable information they might have. MOO

 

[Seattle1]

relevant parts please its paywalled. thanks!

Here you go:

https://t.co/nlP6m7X7mz?amp=1

The family of Kristin Smart filed a civil lawsuit against the father of her alleged killer Thursday, alleging the man hid and recently moved the missing student’s remains from his Arroyo Grande property.

Arroyo Grande Jim Murphy, who has long represented the Smart family, also says Ruben Flores had the help of Susan Flores and her boyfriend Mike McConville, who “under cover of darkness” dispersed her remains at one or more other locations.

[..]

On or about Feb. 9, 2020, the complaint says, Ruben Flores “removed the remains of Kristin Smart” from “inside the lattice enclosure below the deck” of the house.

Ruben Flores did this with the help of “two additional individuals, who will be later named as defendants in this action,” the document reads.

“Ruben Flores and Doe defendants 1 and 2 worked through the night, under cover of darkness, to remove the remains of Kristin Smart to avoid having those remains at 710 White Court in the event of an additional search of the property,” the lawsuit says.

Murphy alleges those remains were “taken to another location in San Luis Obispo County for later disbursement.”

ETA:

Those records are part of the criminal investigation and thus must stay confidential, essentially freezing the civil lawsuit.

Every year, a representative from the county tells the judge at an in-chambers hearing that the criminal case remains ongoing and records requested by the family must remain confidential, and another hearing is set for a year out. Murphy said the hope is that that lawsuit will eventually proceed.

The compiled news update was somewhat confusing so I picked out the specifics to the civil lawsuit that was filed in 1997 but had been suspended due to the ongoing criminal investigation. It seems that Murphy waited until an arrest to move his case forward.

https://www.sanluisobispo.com/news/local/article250873499.html

April 22, 2021
[..]

Murphy’s office — which has a well-known sign seeking information about Smart’s disappearance outside its Arroyo Grande office — has represented the Smarts since 1997, when he filed a still-open but suspended wrongful death lawsuit against Paul Flores.

Subpoenas filed by Murphy at the time requested the entire San Luis Obispo County Sheriff’s Office investigative report, including interviews with witnesses and Flores, physical evidence, all internal memos concerning the Smart case, and forensic reports.

Those records are part of the criminal investigation and thus must stay confidential, essentially freezing the civil lawsuit.

Every year, a representative from the county tells the judge at an in-chambers hearing that the criminal case remains ongoing and records requested by the family must remain confidential, and another hearing is set for a year out.

Murphy said the hope is that that lawsuit will eventually proceed.

[..]

The action filed Wednesday specifically targets Ruben Flores’ conduct as alleged by the District Attorney’s Office, Murphy previously said.

In the complaint, Murphy writes that on Feb. 5, 2020, San Luis Obispo County sheriff’s deputies served a search warrant at Ruben Flores’ home at 710 White Court in Arroyo Grande. Susan Flores’ home and an unspecified property in Washington were also searched that day.

[..]