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

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Thursday, July 7th:
*Pretrial Motions Hearing (Day 2) (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 started 6/27 & ended 6/28 for Paul & for Ruben jury selection started on 7/11/22.
Trial set to begin on 7/18/22 with opening statements.
Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries: 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) reference post #299 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-15

7/6/22 Update: Pretrial motions for Paul: At least 6 motions to be heard. The judge heard the People’s motion to admit an “adoptive admission” made during a phone wiretapped phone call between Paul Flores & Susan Flores in January 2020. Defense Attorney Robert Sanger moved to exclude the tape. Judge grants the conversation as admissible & said silence can act as an adoptive admission unless fifth amendment rights are implied & this was not the case.
The second motion dealt with an issue of whether statements made by Paul Flores in 1996 interviews could be shown to both juries. The judge ruled that these statements are “testimonial”, and cannot be played in front of Ruben Flores’ jury, but can be played for Paul’s jury.
A third motion was a Defense request to “suppress, quash & traverse”. Sanger says that in his opinion, investigators settled on Paul Flores as “the only suspect” very early on & “then put blinders on.” Motion to throw out search warrant & what was found in a 2020 search warrant that seized Paul's electronics. Judge O’Keefe said that the burden rests on the defense to show that any false statements in the affidavits were made knowingly & intentionally with a reckless disregard for the truth. She concluded that the defense failed to demonstrate this & denied their motion.
Motion 4: prosecution wants to admit mugshot of Paul Flores from his 5/27/96 DUI. They found a certified copy. Judge previously ruled she would allow it if a certified copy were to be introduced. Motion was filed yesterday to certify the authenticity of a 5/27/96 booking photo of Paul Flores. Sanger says his “IT person has taken over” his computer, so he can’t view the motion. The judge granted a 30 minute recess to allow defense counsel to review the motion on paper. Will continue this motion tomorrow.
Next motion on whether cadaver dog evidence can be used. Defense is preparing to hear testimony from Dr. Jim Ha. Arguments continued until the end of the court day regarding Dr. Ha’s qualifications to testify as an expert on the cadaver dog evidence in this case. Attorneys bickered before submitting their respective requests. DA Puervrelle asked judge to deny Ha’s testimony as an expert witness because he does does not have the proper credentials. Sanger argues that Ha has been an expert witness in other criminal cases involving dog scent & tracking and also civil cases. Judge O’Keefe will rule at 8:30am tomorrow.
for more info see posts #301 to 320 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-16
and posts #321 to 322 to here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-17
Motions hearing continues on 7/7/22 - motions to be heard on admissibility of the DUI mugshot, cadaver dogs & soil.
Pretrial motions will be heard from on 7/6/22 to 7/8/22 if necessary & Ruben's jury selection will begin on 7/11/22. [July 18 ‐ a.m. Opening Statements Paul Flores; July 18 – p.m. Opening Statements Ruben Flores. July 19 Onward Presentation of Evidence].
 
Friday, July 8th:
*Pretrial Motions Hearing (Day 3) (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 started 6/27 & ended 6/28 for Paul & for Ruben jury selection started on 7/11/22.
Trial set to begin on 7/18/22 with opening statements.
Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries: 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) & 7/6/22 reference post #323 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-17

7/7/22 Update: Pretrial motions for Paul Day 2: Judge O’Keefe allowed the defense’s expert witness, Dr. James Ha, to testify on animal behavior in relation to their motion to dismiss all cadaver dog evidence in the case.
The prosecution called Angie Butler to the stand, a forensic serologist from the Serological Research Institute (SERI) in Richmond, CA. the prosecution called Phil Hanes to the stand. Hanes conducted the ground penetrating radar searches at Ruben Flores home in March and April of 2021. His partner, Cindy Arrington, testified that the soil in that area showed signs of being “mixed extensively”, and contained a ‘bathtub ring’ stain around the outer edge, indicating that something once buried in that hole had leaked.
Arrington was asked to return at 8:30am for further cross examination. That & more motions to be heard tomorrow, 7/8/22.
For more info see posts #326-331 here:
https://www.websleuths.com/forums/t...s-obispo-25-may-1996-arrests-3.588288/page-17
Pretrial motions will be heard from on 7/6/22 to 7/8/22 if necessary & Ruben's jury selection will begin on 7/11/22. [July 18 ‐ a.m. Opening Statements Paul Flores; July 18 – p.m. Opening Statements Ruben Flores. July 19 Onward Presentation of Evidence].
 
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