Deceased/Not Found CA - Kristin Smart, 19, San Luis Obispo, 5/25/1996 *Guilty* #4
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Paul Flores' attorney files for new trial in Kristin Smart murder case
Just two weeks before Paul Flores is scheduled to be sentenced for the murder of Kristin Smart, his attorney filed a set of motions seeking to throw out Flores' guilty verdict.
www.ksby.com
Flores is scheduled to be sentenced on Friday, March 10. He faces 25 years to life in prison.
The court filings request that the motions be heard at 9 a.m. on Friday, March 10.
Emi
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Evidence from the Kristin Smart murder trial just released
KSBY News obtained many pieces of evidence shared during the trial of Paul and Ruben Flores - evidence that Monterey County Superior Court had said would not be made available until after sentencing.
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DA's Office asks judge to deny defense's request for acquittal, new trial for Paul Flores
A judge on Friday is set to hear motions filed by Paul Flores’ defense team requesting she grant the man convicted of murdering Kristin Smart a new trial.
www.ksby.com
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Friday, March 10th:
*Motions Hearing & Sentencing Hearing (@ 9am 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 46) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
Trial began on 7/18/22 & ended 9/29/22. 10/4/22: Verdict: Total: ~27 hours of deliberations. Found guilty of 1st degree murder. Sentencing hearing on 3/10/23.
Case, attorney on case, jury deliberations & court info from 5/17/21 thru 7/19/22 & Trial Days 1-40 & closing & jury deliberations (7/18 to 10/14/22) & thru 11/22/22 reference post #677 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-34
1/13/23 Update: Defense attorney Robert Sanger says that the court reporter has indicated that certified transcripts will take 60 days to finalize after payment has been received. Court reporter tells Judge O'Keefe she can have the entire trial finalized by 1/15/23, but transcripts of jury selection will take longer, which Sanger has also requested. Monterey County Superior Court Judge Jennifer O’Keefe set a status hearing for 2/9/23 @ 1:30pm & the sentencing will now take place on 3/10/23 @ 9am.
2/9/23 Update: Defense attorney Robert Sanger was not present at hearing because he is working on another trial in L.A. He asked attorney & retired Santa Barbara County Judge Frank J. Ochoa to sit in for him. Ochoa indicated that Sanger still intends to file a motion for a new trial before the sentencing date of 3/10/23 but has been delayed as he had to secure funds to order trial transcripts. He was given 60 days to do this on 12/2/22. Deputy DA Christopher Peuvrelle said that today's status hearing & Flores' sentencing date were both on calendar before Mr. Sanger's other trial began & he should have prepared accordingly. Judge O'Keefe said she will not push the sentencing to a later date as it is already 5 months after the end of trial. The motion for a new trial marks Sanger’s 10th attempt to restart legal proceedings in the case after unsuccessfully motioning for a mistrial nine times before the verdict. The motion will include new information Sanger’s team received about one of Peuvrelle’s witnesses after the verdict was read. Sanger did not elaborate on which witness was involved or the information they had. The motion will be heard 3/10/23 & if it is denied, Flores will be sentenced immediately after. He faces 25 years to life in state prison or life without parole. Sentencing is still scheduled on 3/10/23 @ 9am. And if a motion for new trial is filed by Sanger before then, it will likely be heard on 3/10/23.
2/28/23 Update: Defense attorney filed a set of motions seeking to throw out Flores' guilty verdict. One of the motions filed by attorney Robert Sanger requests an acquittal & dismissal of charges (filed 2/24/23) for the 2nd time, "on the grounds that a rational trier of fact could not find the defendant guilty beyond a reasonable doubt based on the State of the evidence at the conclusion of the trial." Another requests a new trial, claiming "prosecutorial errors & the admission of junk science as evidence." and that there was insufficient evidence to find Flores guilty. The motion also claims the verdict "was based on a violation of the defendant's constitutional rights to due process & a fair trial." Defense was already denied this same motion on 10/5/22. In the court filing, which was submitted to the Monterey County Superior Court on Friday, 2/24/23. The court filings request that the motions be heard at 9am on Friday, 3/10/23. 3/6/23: State files motion to deny new trial for Flores. 3/8/23: Judge O'Keefe has approved the media's request to film Flores' sentencing. The Motion for new trial will not be filmed. Broadcast will not be live.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) - Found not guilty of accessory after the fact on 10/14/22.
*Motions Hearing & Sentencing Hearing (@ 9am 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 46) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
Trial began on 7/18/22 & ended 9/29/22. 10/4/22: Verdict: Total: ~27 hours of deliberations. Found guilty of 1st degree murder. Sentencing hearing on 3/10/23.
Case, attorney on case, jury deliberations & court info from 5/17/21 thru 7/19/22 & Trial Days 1-40 & closing & jury deliberations (7/18 to 10/14/22) & thru 11/22/22 reference post #677 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-34
1/13/23 Update: Defense attorney Robert Sanger says that the court reporter has indicated that certified transcripts will take 60 days to finalize after payment has been received. Court reporter tells Judge O'Keefe she can have the entire trial finalized by 1/15/23, but transcripts of jury selection will take longer, which Sanger has also requested. Monterey County Superior Court Judge Jennifer O’Keefe set a status hearing for 2/9/23 @ 1:30pm & the sentencing will now take place on 3/10/23 @ 9am.
2/9/23 Update: Defense attorney Robert Sanger was not present at hearing because he is working on another trial in L.A. He asked attorney & retired Santa Barbara County Judge Frank J. Ochoa to sit in for him. Ochoa indicated that Sanger still intends to file a motion for a new trial before the sentencing date of 3/10/23 but has been delayed as he had to secure funds to order trial transcripts. He was given 60 days to do this on 12/2/22. Deputy DA Christopher Peuvrelle said that today's status hearing & Flores' sentencing date were both on calendar before Mr. Sanger's other trial began & he should have prepared accordingly. Judge O'Keefe said she will not push the sentencing to a later date as it is already 5 months after the end of trial. The motion for a new trial marks Sanger’s 10th attempt to restart legal proceedings in the case after unsuccessfully motioning for a mistrial nine times before the verdict. The motion will include new information Sanger’s team received about one of Peuvrelle’s witnesses after the verdict was read. Sanger did not elaborate on which witness was involved or the information they had. The motion will be heard 3/10/23 & if it is denied, Flores will be sentenced immediately after. He faces 25 years to life in state prison or life without parole. Sentencing is still scheduled on 3/10/23 @ 9am. And if a motion for new trial is filed by Sanger before then, it will likely be heard on 3/10/23.
2/28/23 Update: Defense attorney filed a set of motions seeking to throw out Flores' guilty verdict. One of the motions filed by attorney Robert Sanger requests an acquittal & dismissal of charges (filed 2/24/23) for the 2nd time, "on the grounds that a rational trier of fact could not find the defendant guilty beyond a reasonable doubt based on the State of the evidence at the conclusion of the trial." Another requests a new trial, claiming "prosecutorial errors & the admission of junk science as evidence." and that there was insufficient evidence to find Flores guilty. The motion also claims the verdict "was based on a violation of the defendant's constitutional rights to due process & a fair trial." Defense was already denied this same motion on 10/5/22. In the court filing, which was submitted to the Monterey County Superior Court on Friday, 2/24/23. The court filings request that the motions be heard at 9am on Friday, 3/10/23. 3/6/23: State files motion to deny new trial for Flores. 3/8/23: Judge O'Keefe has approved the media's request to film Flores' sentencing. The Motion for new trial will not be filmed. Broadcast will not be live.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) - Found not guilty of accessory after the fact on 10/14/22.
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Man convicted of killing Kristin Smart set to be sentenced
The man convicted of killing Kristin Smart, who vanished from a California college campus...
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