Kristin Smart murder defendant Paul Flores seeks release from jail. Here’s what judge said
A San Luis Obispo Superior Court judge on Wednesday denied a request to change the bail status of Paul Flores, who’s accused of murdering Cal Poly student Kristin Smart, and release him from jail custody.
Defense attorney attorney Robert Sanger said he and his team filed the request due to a days-long pause in the preliminary hearing in Superior Court for Flores and his father, Ruben Flores.
Paul Flores, now 44, is the last person known to have seen the 19-year-old freshman alive after walking her back from the party toward the Cal Poly campus residence halls on May 24, 1996.
Smart’s body has never been found but investigators believe her remains were buried at the Arroyo Grande home of 80-year-old Ruben Flores, and recently moved.
Paul Flores, a San Pedro resident, is charged with one count of murder, while his father is charged with felony accessory after the fact.
No testimony in the evidentiary hearing was heard on Monday or Tuesday, while both sides worked on discovery issues, and the court adjourned without testimony on Wednesday.
More than a dozen people — including Smart’s parents and former friends and classmates of Smart and Paul Flores, as well as current and retired San Luis Obispo County Sheriff’s Office and Cal Poly campus detectives, Flores’ ex-girlfriend and a cadaver dog expert — have testified since the hearing began Aug. 2.
At the conclusion of the month-long hearing, Superior Court Judge Craig van Rooyen will rule whether prosecutors established probable cause — a lesser standard of proof than guilt beyond a reasonable doubt — to proceed the case toward trial.
On Wednesday, van Rooyen denied the request to release Paul Flores from custody in San Luis Obispo County Jail, where he’s been held without bail since April.
“I don’t see this as a significant change in circumstances,” van Rooyen said.
Also on Wednesday, Paul and Ruben Flores agreed to waive their right to a continuous hearing.
Paul Flores, father charged in Smart disappearance
After a decades-long investigation, Paul and Ruben Flores were arrested in connection with Smart’s disappearance on April 13 in San Pedro and Arroyo Grande, respectively, and the San Luis Obispo District Attorney’s Office announced the criminal charges against the men the following day.
Paul Flores and his father pleaded not guilty at their arraignment on April 19, when van Rooyen ordered Paul Flores be held without bail.
Ruben Flores was released from County Jail on April 22, hours after van Rooyen significantly lowered his bail because he is not a flight risk or a risk to public safety. Ruben Flores remains out of custody.
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 of the accessory charge, though it is not clear if that sentence would be served in county jail or state prison.
Testimony in the preliminary hearing was slated to continue Friday morning in San Luis Obispo Superior Court.
This story was originally published August 18, 2021 at 1:06 PM.
