Should Paul Flores go to trial in Kristin Smart murder case? A 12-day hearing will decide
San Pedro resident Paul Flores, who is charged with murdering Cal Poly freshman Kristin Smart, appeared in San Luis Obispo Superior Court via Zoom from the County Jail Monday for a routine action to set a date for a preliminary hearing in July that could last two weeks.
His father, Ruben Flores, also appeared in court Monday from his attorney’s office. The Arroyo Grande resident is charged with being an accessory to the crime.
The father-and-son co-defendants were in court for a pre-preliminary hearing, in which the parties discussed scheduling for a 12-day evidentiary hearing in July. Another pre-preliminary hearing is currently scheduled for June 21.
Ruben Flores, 80, who is accused of helping his son hide Smart’s remains, was released from San Luis Obispo County Jail on April 22, hours after Superior Court Judge Craig van Rooyen significantly lowered his bail because he is not a flight risk or a risk to public safety.
He remains out of custody but is not allowed to leave San Luis Obispo County.
Paul Flores, 44, remains in jail custody without bail.
Two-week preliminary hearing set for mid-summer
During Monday’s hearing, van Rooyen said that the parties had just come out of an in-chambers conference to discuss scheduling in the high-profile case.
All parties confirmed Monday that a preliminary hearing — in which the court will hear testimony and evidence submitted in the case — will move forward on July 6.
The preliminary hearing, during which van Rooyen will decide whether the prosecution has established probable cause to justify the charges against Paul and Ruben Flores, is expected to take 12 full days of testimony, Deputy District Attorney Christopher Peuvrelle said Monday.
Peuvrelle noted to the judge that the District Attorney’s Office has delivered discovery in the cases to the respective attorneys, and that additional evidence will continue to be provided to the defense “as the investigation is ongoing,” he said.
“And we would look forward to receiving it,” Paul Flores’ attorney Robert Sanger, replied.
Van Rooyen noted that his courtroom will be dark on the last week of July, and the preliminary hearing may have to be interrupted should the hearing take more than 14 days to conclude.
The judge has issued a gag order preventing parties involved — including county Sheriff Ian Parkinson and Dow — from making any public statements regarding the proceedings outside the courtroom.
Paul Flores remains at SLO County Jail
Paul Flores and his father pleaded not guilty at their arraignment April 19. Both were arrested April 13 in San Pedro and Arroyo Grande, respectively, and the San Luis Obispo County District Attorney’s Office announced the criminal charges the following day.
District Attorney Dan Dow said at a news conference that Paul Flores committed the murder during the commission of a rape or attempted rape of Smart.
Paul Flores was the last person seen with the then-19-year-old Smart before her disappearance in 1996. Her body has never been found, although investigators believe it was buried at Ruben Flores’ Arroyo Grande home and “recently” moved, according to court documents.
Paul Flores faces a sentence of 25 years to life if convicted of first-degree murder.
Ruben Flores faces a maximum of three years if convicted, though it is not clear if that sentence would be served in County Jail or state prison.
The Floreses are due back in court June 21.
This story was originally published May 17, 2021 at 2:30 PM with the headline "Should Paul Flores go to trial in Kristin Smart murder case? A 12-day hearing will decide."
