Update: Men accused in Kristin Smart case file motion to dismiss murder trial
The men accused of killing Cal Poly student Kristin Smart and hiding her body made their first public appearance in Monterey County Superior Court on Monday morning.
Defendants Paul and Ruben Flores were in court in Salinas for a hearing on various motions filed by both the prosecution and defense.
Paul Flores, 45, is accused of murdering 19-year-old Smart after an off-campus party in May 1996, while his father, 81-year-old Ruben Flores, is accused of helping hide the Cal Poly student’s body. The two men were arrested in April 2021.
The trial against the Flores men was moved to Salinas after San Luis Obispo Superior Court Judge Craig van Rooyen ruled that they would likely not receive a fair trial in San Luis Obispo County because of pretrial publicity.
Defense attorneys file motion to dismiss case
Defense attorneys for Paul and Ruben Flores filed a motion to dismiss the case against the men on the grounds of “outrageous government conduct.”
That motion is sealed, as is the prosecution’s opposition to the dismissal.
The defense team previously filed a motion to dismiss the case, which van Rooyen denied. In that motion, attorneys for the Flores men argued there was not enough evidence to prove beyond a reasonable doubt that the two are guilty in connection to Smart’s death.
Robert Sanger, Paul Flores’ lawyer, said he would like to call either Assistant District Attorney Eric Dobroth or Deputy District Attorney Chris Peuvrelle to the stand in regards to the dismissal because Dobroth submitted a declaration in the prosecution’s opposition.
The motion to dismiss will be heard at 1:30 p.m. Monday.
Murder trial may require dual juries. How will that work?
Monterey County Superior Court Judge Jennifer O’Keefe tentatively ruled that two juries are required because statements made by Paul Flores during a June 19, 1996, interview with law enforcement may implicate Ruben Flores.
Peuvrelle submitted other statements that may back up the need for two juries, and after they are reviewed, O’Keefe will decide whether to hold her tentative ruling or change it.
Jurors will only be able to hear evidence that pertains to the case they are assigned to.
When the 1996 interview, which was deemed testimonial, is heard in court, the jury for Ruben Flores will leave the room.
Essentially, any time evidence is heard for one case that may hurt the other, jurors for the second case will leave to ensure both cases have a fair and impartial trial.
The jury pool consists of 1,520 people.
Because of the large size of that pool and the publicity surrounding the Smart case, there will be a jury questionnaire to screen jurors prior to voir dire, or juror questioning. The first questions will pertain to the hardship and cost being a juror on this case will affect the prospective jurors.
The prosecution and defense will each have 20 preemptive strikes — 10 for Paul Flores’ trial and 10 for Ruben Flores’ trial.
Once the juries are selected and the trial begins, jurors for each case will switch weekly between sitting in the jury box and sitting in the public viewing area.
For the verdict, whichever jury decides first will turn their decision into the court and it will be sealed.
The jury that finishes first must be available within one hour of when the second jury makes their decision. Both verdicts will be read at the same time.
What’s next?
A third party culpability motion will also be heard at 1:30 p.m. Monday, but it is unclear what it pertains to because it is sealed.
Hearings in the case are scheduled daily Monday through Friday regarding various pretrial motions.
In total, 15 motions have been filed between the prosecution and defense. The only public motion is in regards to how jury questioning and selection will work.
Ruben Flores was in seen in the Monterey County courthouse on Monday, as was his ex-wife, Susan Flores.
His son was listed in Monterey County Jail custody as of Monday morning, according to jail records.
Members of the Smart family were also present Monday.
The trial against Paul and Ruben Flores is scheduled begin on July 6.
