Flores lawyer files motion to dismiss Kristin Smart murder charges

December 30, 2021

By KAREN VELIE

Lawyers representing Paul Flores for murdering Kristin Smart in a 1996 rape attempt filed a motion on December 17 to dismiss the case.

After more than a month of testimony, San Luis Obispo County Judge Craig van Rooyen concluded in September that, based on “all the evidence”, there was sufficient evidence of a case. probable so that an ordinary person can determine guilt. Flores’ trial is due to start on April 25.

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

Sanger accuses the prosecution of relying on “speculation and innuendo” to argue its case, in the 83-page petition which includes multiple spelling mistakes in 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 this disappearance for more than 20 years, ”Sanger wrote in the motion. “Nonetheless, in a series of orchestrated television movements, the sheriff and the district attorney made the arrest and the [sic] prosecute Paul Flores without credible evidence.

Sanger says witnesses could not remember the facts or contacted law enforcement until they were pushed by podcaster Chris Lambert.

Jennifer Hudson, in shaping her bizarre story, clearly incorporated inconsistent facts communicated to it by the obsessed podcaster Chris Lambert, ”Sanger wrote in his motion.

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

Paul Flores’ arrest assistant

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

In the file, Sanger suggests that there are other people who could have killed Smart as he attacks his reputation, life, and personal history.

“What remains 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 on a frat night.

Accused of complicity after the fact, Paul Flores’ father Ruben Flores is suspected of helping his son dispose of the body of Smart, who, according to prosecutors, was buried under a terrace at the father’s house in Arroyo Grandee. Ruben Flores’ attorney, Harold Mesick, has filed a motion to have Ruben Flores join Sanger’s motion to dismiss.

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

If the prosecution wins, the cases will move forward and be resolved through plea bargaining or a trial – which is currently scheduled to begin on April 25.


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