Kristin Smart: Experts testify about ‘significant soil disturbance’ under Ruben Flores’ deck
Two archaeologists hired by investigators used ground-penetrating radar under the deck of Ruben Flores’ house and found “significant soil disturbance” in a patch of dirt that was “potentially a burial” site, they testified in court.
Testimony resumed Tuesday in the weeks-long preliminary hearing for Paul and Ruben Flores, accused in the disappearance of Cal Poly freshman Kristin Smart.
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 ever been found but investigators said in court documents that her remains were buried at Ruben Flores’ Arroyo Grande home but recently moved.
Ruben Flores is charged with felony accessory after the fact, while his son, San Pedro resident Paul Flores, is charged with one count of murder.
Tuesday marked the 19th day of proceedings as the evidentiary hearing begins its sixth week.
The hearing, which began Aug. 2, is now tentatively scheduled to conclude by Sept. 10.
At the conclusion of the weeks-long preliminary 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.
Here’s what happened in court Tuesday.
Archaeologists testify about disturbed soil, stains
On Tuesday morning. Phillip Hanes testified that he was one of two archaeologists who used ground-penetrating radar during a search of Ruben Flores’ White Court property on March 15 and 16.
Hanes, who works for Natural Investigations, Inc., was contracted by the San Luis Obispo County Sheriff’s Office, to examine the soil on the property for any signs of disturbed earth.
He testified that it was his job to identify any “voids” in the soil that would indicate that something was buried there.
Witnesses including handlers of dogs trained to detect the presence of human remains previously testified that two dogs had significant changes in behavior when they sniffed around a single patch of dirt underneath Ruben Flores’ deck, but they did not give their handlers a full alert that would have indicated the physical presence of remains.
Hanes testified that he used his ground-penetrating radar to find an anomaly in the same location that indicated the soil had been disturbed, though he could not pinpoint the precise age of the disturbance.
He said that anomalies in the soil indicated that the patch of disturbed soil was consistent with a potential burial site.
Defense attorney Robert Sanger, representing Paul Flores, objected to the testimony involving ground-penetrating radar, which he called “a novel technology.” However, van Rooyen ruled that ground-penetrating radar is not a new technology and allowed the testimony to continue.
Cindy Arrington, also an archaeologist with Natural Investigations, Inc., testified Tuesday afternoon that she used hand tools to excavate the location of the soil identified as disturbed by Hanes.
Arrington testified that she also found a “clear subsurface disturbance” and “a large anomaly” that was “large enough to fit human remains into.”
Inside the patch of soil, Arrington said, was “an odd stain” which she described as similar to a “bathtub ring.” Arrington testified that as a body decomposes, it begins to liquify and the liquid spreads out through different strata of the soil.
However, Arrington testified under cross examination that she found no physical remains such as teeth or bones that would be consistent with a burial site. She testified that she has never examined a confirmed burial site in which no such remains were found.
Testimony is scheduled to resume Wednesday after van Rooyen hears arguments regarding a subpoena for notes and records held by Chris Lambert, whose “Your Own Backyard” podcast investigates the Smart disappearance.
Lambert has been subpoenaed by the defense to testify about his communications with various other witnesses in the case.
Though the podcaster is not opposed to testifying, he previously told The Tribune, his attorney has filed a motion to quash the defense’s request for his records.
