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

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Wednesday, October 20th:
*Arraignment Hearing for both (@ 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/will be 45 in 2 days) arrested & charged (4/13/21) & arraigned (4/15/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80) arrested & charged (4/13/21) & arraigned (4/15/21) 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.
Case & court info from 5/17/21 to 9/17/21 reference post #3 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3
9/20/21 Update: Motions hearings on 9/24/21 have been cancelled. Testimony wrapped up Monday in the preliminary hearing for Paul and Ruben Flores. On Wednesday, the judge in the case is expected to rule whether there is enough evidence to move the case forward to trial.
State witnesses: Jennifer Hudson on cross exam. Det. Cole. Jamilyn Holman, a neighbor of Ruben Flores in Arroyo Grande. The defense declined to call any of its own witnesses.
During closing arguments Monday afternoon, San Luis Obispo County Deputy District Attorney Chris Peuvrelle said Paul Flores lies to cover up the murder of Kristin. Defense attorney Robert Sanger said there is no case against Paul Flores & there is certainly no case against Ruben Flores. He said there was nothing found in this case that is real evidence. Defense attorney Harold Mesick echoed the same thoughts & said the prosecution has tried to paint "lipstick on a pig." Judge Craig van Rooyen's ruling is expected at 8:30 a.m. on 9/22/21. And case management hearing for Ruben on 9/22/21.
9/22/21 Update: Judge Craig van Rooyen ruled Wednesday morning that there is sufficient evidence to move the case forward to trial. The judge's ruling followed a month & a half-long preliminary hearing which began on Monday, Aug. 2, & included testimony from more than two dozen witnesses, including current & former detectives, former friends & acquaintances of both Paul & Kristin, cadaver dog handlers & soil experts. The judge based his decision on the standard of probable cause, which is a lesser standard of proof that will be used by a jury in trial. The judge said, among the convincing evidence for him, was how Paul minimized his contact with Kristin the night of the party & how he was aware of her level of intoxication. He also brought up how Paul admitted he lied about getting a black eye while playing basketball around the time of Kristin's disappearance & then said he got it while repairing a car stereo. The judge said his lies showed his "consciousness of guilt." Judge Van Rooyen also brought up the four cadaver dogs that independently alerted to Paul's dorm room in June 1996 & how the defense did not call any expert witnesses to refute the science behind human remains detection. Lastly, the judge touched on the recent excavations at Ruben's Arroyo Grande home. While two dogs displayed a change of behavior while under the deck, that's not proof human remains were there, the judge said, but he pointed to how archaeologists & ground-penetrating radar surveyed under the deck & found an anomaly the size of a human body. Plus, soil staining under the deck tested positive for human blood. The judge said, "nothing links it definitively to Ms. Smart" since no DNA was detected, but it leads to a reasonable suspicion that she was buried there. The judge wrapped up his decision by pointing out how Ruben was protective of the deck & had knowledge of what was under it, leading to a strong suspicion it was Smart's remains. Paul & Ruben Flores are scheduled to be arraigned on October 20.
 
Just a reminder! :)

FLORES, PAUL RUBEN 21F-02402-A 12/06/2021 08:30 D5 Robert M Sanger Pre-Trial Conference

FLORES, RUBEN 21F-02402-B 12/06/2021 08:30 D5 Harold V. Mesick Pre-Trial Conference

link: 5day.pdf
 
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Monday, December 6th:
*Pretrial Conference Hearing for both via Zoom (@ 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 & charged (4/13/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80) arrested & charged (4/13/21) & 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 9/20/21 reference post #44 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3
9/22/21 Update: Judge Craig van Rooyen ruled Wednesday morning that there is sufficient evidence to move the case forward to trial. The judge's ruling followed a month & a half-long preliminary hearing which began on Monday, Aug. 2, & included testimony from more than two dozen witnesses, including current & former detectives, former friends & acquaintances of both Paul & Kristin, cadaver dog handlers & soil experts. The judge based his decision on the standard of probable cause, which is a lesser standard of proof that will be used by a jury in trial. The judge said, among the convincing evidence for him, was how Paul minimized his contact with Kristin the night of the party & how he was aware of her level of intoxication. He also brought up how Paul admitted he lied about getting a black eye while playing basketball around the time of Kristin's disappearance & then said he got it while repairing a car stereo. The judge said his lies showed his "consciousness of guilt." Judge Van Rooyen also brought up the four cadaver dogs that independently alerted to Paul's dorm room in June 1996 & how the defense did not call any expert witnesses to refute the science behind human remains detection. Lastly, the judge touched on the recent excavations at Ruben's Arroyo Grande home. While two dogs displayed a change of behavior while under the deck, that's not proof human remains were there, the judge said, but he pointed to how archaeologists & ground-penetrating radar surveyed under the deck & found an anomaly the size of a human body. Plus, soil staining under the deck tested positive for human blood. The judge said, "nothing links it definitively to Ms. Smart" since no DNA was detected, but it leads to a reasonable suspicion that she was buried there. The judge wrapped up his decision by pointing out how Ruben was protective of the deck & had knowledge of what was under it, leading to a strong suspicion it was Smart's remains. Paul and Ruben Flores are scheduled to be arraigned on October 20.
10/20/21Update: Paul & Ruben Flores both plead not guilty, the trial date is set for April 25th. Both defendants waived their rights to a speedy jury trial, which typically happens within 60 days of a defendant's arraignment. It was not discussed if the trial will be held in San Luis Obispo County or moved to another location. The defense & the prosecution will meet with the judge for a pretrial conference on 12/6/21 via Zoom. And a readiness conference hearing on 4/6/21.
 
Wednesday, December 8th:
*Chambers Conference Hearing for both (Private meet with attorneys & Judge/no public allowed) (@ 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 & charged (4/13/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80) arrested & charged (4/13/21) & 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 9/20/21 reference post #44 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #3
9/22/21 Update: Judge Craig van Rooyen ruled Wednesday morning that there is sufficient evidence to move the case forward to trial. The judge's ruling followed a month & a half-long preliminary hearing which began on Monday, Aug. 2, & included testimony from more than two dozen witnesses, including current & former detectives, former friends & acquaintances of both Paul & Kristin, cadaver dog handlers & soil experts. The judge based his decision on the standard of probable cause, which is a lesser standard of proof that will be used by a jury in trial. The judge said, among the convincing evidence for him, was how Paul minimized his contact with Kristin the night of the party & how he was aware of her level of intoxication. He also brought up how Paul admitted he lied about getting a black eye while playing basketball around the time of Kristin's disappearance & then said he got it while repairing a car stereo. The judge said his lies showed his "consciousness of guilt." Judge Van Rooyen also brought up the four cadaver dogs that independently alerted to Paul's dorm room in June 1996 & how the defense did not call any expert witnesses to refute the science behind human remains detection. Lastly, the judge touched on the recent excavations at Ruben's Arroyo Grande home. While two dogs displayed a change of behavior while under the deck, that's not proof human remains were there, the judge said, but he pointed to how archaeologists & ground-penetrating radar surveyed under the deck & found an anomaly the size of a human body. Plus, soil staining under the deck tested positive for human blood. The judge said, "nothing links it definitively to Ms. Smart" since no DNA was detected, but it leads to a reasonable suspicion that she was buried there. The judge wrapped up his decision by pointing out how Ruben was protective of the deck & had knowledge of what was under it, leading to a strong suspicion it was Smart's remains. Paul and Ruben Flores are scheduled to be arraigned on October 20.
10/20/21 Update: Paul & Ruben Flores both plead not guilty, the trial date is set for April 25th. Both defendants waived their rights to a speedy jury trial, which typically happens within 60 days of a defendant's arraignment. It was not discussed if the trial will be held in San Luis Obispo County or moved to another location. The defense & the prosecution will meet with the judge for a pretrial conference on 12/6/21 via Zoom. And a readiness conference hearing on 4/6/21.
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 7 the District Attorney's office to help resolve the issue. A chambers conference meeting between the attorneys 7 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. 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.
 
Niner said:
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. 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.
Click to expand...

Any word on if the outcome of this chambers conference will be reported to the general public (though the actual discussions in real-time were, of course, private)? My thinking here is that just because the real-time discussions were private doesn't mean that the outcome is/was necessarily ordered to be private... especially around issues like an agreed upon date of the 995 hearing (if they decided upon a date, that is), etc...

Thoughts? Thanks :)
 
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