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Kristin Smarts’ family files wrongful death lawsuit against Cal Poly

January 18, 2024

Kristin Smart

By KAREN VELIE

The family of Kristin Smart filed a lawsuit on Thursday against Cal Poly in San Luis Obispo for wrongful death, negligence and negligent infliction of emotional distress, according to the suit.

Paul Flores murdered Smart during an attempted rape in 1996 following a Cal Poly frat party. After the party, Flores helped escort Smart, who was found passed out on a lawn outside the party, back to the dorms. She was never seen again and her body was not recovered.

In 2022, a jury found Flores guilty of the murder of Smart.

The Smart family’s lawsuit accuses Cal Poly of failing its legal duties because it “did not pursue a missing person case promptly, did not interview witnesses timely, did not seal the primary suspect’s dorm room as a crime scene, allowed the suspect’s room to be sanitized and cleaned before it was searched, and did not search the suspect’s room until sixteen days after Smart disappeared.”

Lawsuit allegations include:

  • The Cal Poly Police Department (CPPD) did not interview witnesses until four days after Smart disappeared.
  • Campus police did not interview Flores, whom multiple witnesses had informally identified as the last person seen with Smart, until four days after Smart disappeared.
  • CPPD did not seal off Flores’ dorm room as a potential crime scene, despite multiple witnesses identifying him as the last person seen with Smart.
  • CPPD did not search Flores’ dorm room until sixteen days after Smart disappeared, despite multiple witnesses identifying him as the last person seen with Smart.

In addition, the suit claims Cal Poly failed to properly act on multiple reports about Paul Flores’ “threatening, stalking and harassing behavior.”

The multiple reports include:

  • On Dec. 17, 1995, a female Cal Poly student filed a police report stating that Flores had been harassing her. Flores had climbed the trellis of her apartment building to spy on her from the balcony. When police arrived, they found Flores and identified him as the culprit.
  • On March 27, 1996, three female Cal Poly students filed police reports stating that Flores had been harassing and stalking them. He had been calling them for six weeks and had filled their entire answering machine tape with nothing but silent, hang-up calls. The three women told officers that, in Dec. 1995, Flores had climbed on their apartment balcony and tried to break into their apartment.
  • On Jan. 14, 1996, someone reported to Cal Poly that Flores vandalized Cal Poly grounds and property while intoxicated.
  • On Jan. 17, 1996, Cal Poly required Flores to attend a “Mediation/Information Meeting” with the coordinator of student development, Nancy Day. This meeting was being held because Flores harassed a staff member at Cal Poly. At the meeting, Cal Poly discussed with Flores “the seriousness of harassing a staff member at Cal Poly” and also mentioned future possible cancellation of his housing contract with Cal Poly.

“If Cal Poly had properly acted on those reports, conducted an investigation, and appropriately disciplined the student, he would not have been on campus, and therefore would not have been able to murder Kristin. Flores also would have been prevented from assaulting and raping countless other women, in the years after he murdered Kristin,” according to the lawsuit.

Even though Smart was killed in 1996, the Smart family argues the suit is timely because they were not aware of Cal Poly’s failures until May 2023, when Cal Poly’s president publicly apologized to the family saying: “We recognize that things should have been done differently – and I personally wish that they had.”

The suit seeks financial damages and attorney and court costs. The Smart family asked for a jury trial.

 


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Paul Flores received a ‘get out of jail early’ card when the California state legislature passed its ‘youthful offender’ law, designed to give those under the age of 26 when they violently offend, relief from accountability.


Does Paul Flores deserve a sentence reduction? Why weak-on-crime?


1

Make sure you know how Cal Poly actually runs. When there is a problem, Cal Poly first ignores the problem until it goes away. If that does not work, they find someone to blame for the problem, which is typically either the victim or the person reporting the problem. No person in a leadership positions ever steps forward and takes responsibility for the problem, thus, no leader ever receives any punishment of any kind. Cal Poly puts more effort into denying problems exist than actually solving problems. I was surprised when President Armstrong apologized for the Kristin Smart issue, but then that apology was rendered meaningless when he stated “I was not here at the time”. The Cal Poly admin simply does not get it.


37

jimmy_me me nailed it. A childhood neighbor and later Cal Poly employee who was in the know told me about the immediate, not 4 days, immediate, plan to blame Kristin despite the fact that roomie knew something was wrong the next morning. Cal Poly promised the Smarts that the case would be discussed as part of Week of Welcome program. A PR lie. I have worked with 20+ female Cal Poly interns over 15 years. Only two knew about Kristin, from other sources, and all said there was no mention of her during WOW as promised. Bad for “business”.


35

Oh, I don’t know. They have a good argument, but at what point do they simply go home and be assured that her killer is behind bars and justice has finally been done. What’s the point of dragging the poor young lady’s name any further. Doesn’t she ever get to rest?


-50

She has unfortunately been at rest for nearly 30 years. The family has been tortured for that entire time. Shouldn’t all of those responsible for that have at least some culpability?


35

Many micro police departments are not capable of conducting serious crime investigations although they are paid to do so. Let them handle traffic, parking and loss prevention and leave the rest to professionals.


51

The Cal Poly Police Dept represents gross incompetence and the height of criminal negligence.


47

It’s a sweet gig. All jobs are jumped on by officers at local agencies, huge pay, little work. And a good employee does not need to ask what the boss wants, as in the Smart case.


22

I agree with your assessment, at least in California. Law enforcement in in Uvalde, Texas, might be a competitor for that dubious honor.


7

I am RARELY in favor of lawsuits, however, this one I absolutely feel is warranted. That poor family, and poor Kristin. Paul Flores is one sick individual.


I hope they sue Cal Poly for as much as possible. Though a lawsuit and settlement/money won’t bring their daughter back, hopefully it will change the way the school handles such crimes and investigations.


57

Except the people punished will not be the people who screwed it up, it will be the taxpayers once again holding the bag.


27

Almost all of the bumbling incompetence in Cal Poly’s investigation was the fault of detective Lawrence “Mike” Kennedy. Instead of actually investigating this murder, he engaged in victim blaming, demeaning Kristin and spreading horrible rumors about her behavior and lifestyle.


68

Unfortunate that Detective Lawrence Kennedy can’t be sued for libel, slander, incompetence and criminal negligence.


38

I’m all for law and order. It does appear that Kristen……


-15

Mike Kennedy was a banker/loan officer with Mid State Bank before he became a law enforcement officer. I do not know if this case ended his law enforcement career nor what or where he is now. I presume he was required to testify at Paul Flores’s trial. Does anyone know what he had to say for himself? Or what he is doing now ?


13