Kristin Smart’s alleged killer loses motion to dismiss

January 22, 2022

By KAREN VELIE

A San Luis Obispo County judge on Friday rejected an attempt by lawyers representing Paul Flores on a charge he murdered Kristin Smart during an attempted rape 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.

Paul Flores’ defense attorney Robert Sanger asked the court to find prosecutors provided insufficient evidence to support Judge van Rooyen’s probable cause finding. Judge Jacquelyn Duffy disagreed, ruling that enough evidence existed to move the case on to trial.

Charged with accessory after the fact, Paul Flores’ father Ruben Flores is suspected of helping his son dispose of Smart’s body. Ruben Flores’ attorney Harold Mesick joined in Sanger’s motion to dismiss, which the judge also rejected.

As the result of Judge Duffy’s ruling, the cases will move forward and can either be resolved through a plea bargain or a trial — which is currently scheduled to begin on April 25.


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Mitch C

It will be interesting to see what evidence the prosecution has. Now the claim is that there is a rape charge; how did they come to that conclusion since there was never a medical exam of the body. I’d like to hear the PROOF that she is dead.


jdchem

I would like to see the proof that you are not a Russian bot.


jonhartz

“Proof” of death or even a body are not required to charge murder.


Mitch C

Of course I agree with you. However, how do you prove that Ms. Smart is even dead.