Paul Flores deserves a fair trial — which could mean moving the case out of SLO County

In the minds of many — if not most — San Luis Obispo County residents, there is no doubt that Paul Flores killed Kristin Smart and concealed her body for 25 years.

He was reportedly the last to see her alive the night she disappeared from the Cal Poly campus; cadaver dogs alerted to a mattress in his dorm room; and he had a reputation for being a “creeper” — reinforced by allegations that, in the years after Smart’s disappearance, he was accused of sexually assaulting numerous women.

It seemed a foregone conclusion, then, that Superior Court Judge Craig van Rooyen would decide there is ample evidence to try Paul Flores for the murder of Kristin Smart.

That’s exactly what van Rooyen ruled on Wednesday morning. Flores’ father, Ruben, also will face trial for allegedly helping his son conceal Smart’s body.

Judge van Rooyen’s decision was correct — the prosecution did meet its burden of establishing probable cause to try Flores — but that’s no guarantee of a conviction.

In order to convict Flores, jurors will have to decide he’s guilty “beyond a reasonable doubt” — which can also be defined as “an honest uncertainty as to the guilt of the defendant.”

Pay close attention to the word “reasonable.”

Attorneys can speculate all they want, but if their theories aren’t “reasonable” jurors are duty bound to reject them.

In other words, outlandish claims about what may have happened to Kristin Smart aren’t going to work.

Yet the prosecution still will face challenges.

As San Luis Obispo defense attorney Jeff Stein pointed out, much of the evidence is circumstantial, and the absence of a body allows defense lawyers to argue that no one really knows what happened to Smart — as they did at the preliminary hearing.

Also, the fact that 25 years have passed since Smart disappeared is a handicap for the prosecution.

One example: Blood was found in soil below the deck of Ruben Flores’ home — investigators believe Smart’s body was buried there but was recently moved — but Investigators could not extract DNA from the sample due to “petrification” of the blood.

At this point, there’s only one thing that’s certain about this case: It will continue to be the most highly publicized and closely followed criminal proceedings in the history of San Luis Obispo County.

That could lead to a change of venue, although wherever the trial ends up there will be many people who already familiar with the facts.

The case has attracted national attention; within a few hours of the judge’s decision Wednesday, Rolling Stone, The Washington Post and Los Angeles Times, among many others, already had posted stories online.

But the mere number of news articles, TV shows or podcasts devoted to the mystery of Kristin Smart’s disappearance isn’t the only factor to consider; it’s also about the impression they made on the audience.

There’s a difference between simply knowing about a case and being influenced to the extent that a potential juror is biased against the defendant before the trial even starts.

Again, there’s no doubt that many SLO County residents have made up their minds; just look at some of the comments on social media.

If it’s not possible to seat an impartial jury in San Luis Obispo County, then of course the trial should be moved elsewhere.

Paul and Ruben Flores deserve a fair trial.

They deserve a jury that will look at the evidence with fresh eyes and weigh whether or not the various theories and conclusions presented by the attorneys are reasonable.

Because without a fair and impartial trial for Paul Flores, there will be no justice for either side. And after 25 years, it’s past time for some justice in this case.