Flores’ lawyer files a motion to dismiss Kristin Smart murder charges

December 30, 2021


Lawyers representing Paul Flores on a charge he murdered Kristin Smart during an attempted rape in 1996 filed a motion on Dec. 17 to dismiss the case.

After more than a month of testimony, San Luis Obispo County Judge Craig van Rooyen found in September that based on “the totality of the evidence,” there was enough proof of probable cause that an ordinary person could determine guilt. Flores’ trial is scheduled to begin on April 25.

In his motion, Flores’ defense attorney Robert Sanger argues prosecutors provided insufficient evidence to support Judge van Rooyen’s probable cause finding.

Sanger accuses the prosecution of relying on “speculation and innuendo” in making their case, in the 83-page motion that includes multiple misspellings of the victim’s name and grammatical errors.

“This is a case in which there has been no new credible evidence regarding the disappearance of Kristian Smart [sic] or any involvement on the part of Paul Flores in that disappearance for over 20 years,” Sanger writes in the motion. “Nevertheless, in a series of orchestrated televised moves, the Sheriff and the District Attorney proceeded to arrest and the [sic] prosecute Paul Flores without credible evidence.”

Sanger claims witnesses were only able to remember facts or contacted law enforcement after prodding by podcaster Chris Lambert.

Jennifer Hudson, in crafting her bizarre story, clearly incorporated inconsistent facts that had been given to her by the obsessed podcaster Chris Lambert,” Sanger wrote in his motion.

Sanger demeans Jennifer Hudson’s reputation, calling the witness who said she heard Paul Flores admit to the crime, a “random person” whose testimony was “preposterous,” specifically Hudson’s claims that Paul Flores was a skater and outgoing.

Deputy arresting Paul Flores

Sanger also criticized the blood evidence and the alerts from dogs as having no evidentiary value or for lacking foundation.

In the filing, Sanger suggests there are others who could have killed Smart while he attacks her reputation, life and personal history.

“What is left in the case is all that was known in 1996,” Sanger wrote. “Kristin Smart, known as Roxy, was pretty much out of control and drunk at a frat party.”

Charged with accessory after the fact, Paul Flores’ father Ruben Flores is suspected of helping his son dispose of Smart’s body, which prosecutors believe was buried under a deck at the father’s Arroyo Grandee home. Ruben Flores’ attorney Harold Mesick filed a motion to have Ruben Flores joined in Sanger’s motion to dismiss.

If Sanger and Mesick are successful in their Penal Code Section 995 motions to dismiss, the judge will either drop some of the charges or dismiss the cases.

If the prosecution prevails, the cases will move forward and either be resolved through a plea bargain or a trial — which is currently scheduled to begin on April 25.


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Niles Q

I have no doubts that HE did this but the theory of the case hasn’t changed since 1996, so I’d say the cops had it right from the start, but whether they can prove it in court is another matter.

I hope they can get a conviction. I’d hate to see him get away with it after all this.


Flores is a dirtbag, no question about it. But being a dirtbag is not a crime. There isn’t enough evidence to convict him him of murder. The jury has to find him guilty beyond a reasonable doubt.

There are all kinds of doubts, 25 years of doubt, I think Sanger figures the 995 will be upheld by the trial judge (reluctantly but politically correct) and the 2nd Dist. Court of Appeals will find in Flores favor and it will be over, I don’t see a plea deal. Meanwhile Flores sits in jail.


Mitch C, I have to agree. one has to wonder why after all these years there is a push to make a showing that the sheriff is taking action. A highly botched investigation 20 plus years ago, as if someone was trying to hide something. As if, a LEO was involved and now 20 plus years later is trying to cover their tracks and make a showing. The only person investigated was Flores and based upon the articles is a piece of garbage, but does that mean he committed the crime – no. Just like the Cara Knott rape and murder in 1986 LEA all focussed in on one person and then a federal agent interjected himself to help a family member and the story unraveled. It was a California Highway Patrolman, Craig Peyer who coincidentally is a resident of SLO County now. LEA have been involved in and perpetrated more female kidnappings and rapes then any other group in California’s history. It’s time to have a neutral perspective and look at what local LEO were on duty that night and if they can explain there whereabouts.

Mitch C

How can anyone be tried on “well it could have been – “ or I think that it was him”. Where is the body that proves she is actually dead, where is the rape kit that proves she was assisted, where is the concrete evidence? Remember the Sheriff dug up Poly Prak searching for her body. From what I’ve read this is trial by news media, it would be nice to have concrete proof like a body.


There have been many murder trial convictions in CA without a body. Here is a few to enlighten you MITCH:

Donald Shea Murder (1969), Ann Mineko Racz Murder(1991), Pegye Bechler Murder(1997), Jack Irwin Murder(1999), and Katrina Montgomery Murder (2001). All in California!!!

When there is enough evidence directly connecting an individual, not circumstantial evidence, the case moves forward-even without a body. And in this case there is plenty of evidence. The Kristen Smart Murder case SIMPLY has enough evidence to go to trial or it simply would have been dismissed.

SLO County does not waste money on court cases they can not get a conviction on. They have had a conviction rate in the ninety percentile for decades and they will continue that pace no matter what case is before them. Simple as this: If there wasn’t enough evidence to support a conviction, It will not go to trial in San Luis Obispo County.

I had a SLO County DA tell me on a “clear as day” attempted murder case where a guy stabbed me near my heart and slice my abdomen 16 inches past my waste line, that SLO County was going to give him a plea barging for one year in jail for him admitting guilt to “assault with a deadly weapon”. Thanks SLO County… Maybe next time he will actually kill somebody!

I will say that if SLO County has enough evidence to convict Paul Flores and Paul and his attorney realize this and attempt a plea bargain, it wouldn’t surprise me one bit if Paul Flores plea bargians to 2nd or 3rd degree manslaughter-and once again SLO County will have thrown justice out the window to keep their conviction rate up.

But Mitch-They don’t need a body to move forward with a murder case!

“No body, No Case”-Thats Hollywood B.S.!! Step back to reality Mitch and make educated statements on a public forum not ignorant rants!!!

Mitch C

Can you even prove that Ms. Smart is dead.