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Kristin Smart murder trial delayed

SALINAS, Calif. (KION-TV) UPDATE JULY 19, 2022, 11:39 a.m. --  One of the defendants in the Kristin Smart murder trial is sick yet it's unknown if it's the father or son.

During the pretrial Paul Flores has never taken off his mask, while his dad Ruben Flores has not wore one.

On Father's Day the court notified media: "The Flores trial proceedings are being postponed one week due to a health concern among one of the trial participants."

As a result the trial is being delay one week, with no trial activity the week of June 20.  Jury selection for Paul Flores is now scheduled to begin Monday June 27. 

Meanwhile, jury selection for Ruben Flores will start at a date to be determined.

Kristin Smart murder trial jury selection began Monday

SALINAS, Calif. (KION-TV) UPDATE JUNE 13, 2022, 5:51 p.m.--  Jury Selection in the Kristin Smart murder trial began Monday.

The process could take several weeks, and potential jury candidates were given the following forms:

The trial is set to begin in July and is expected to last until October.

Kristin Smart will be called a "victim" throughout murder trial

UPDATE JUNE 7, 2022, 1:07 p.m.-- On the second day of the pretrial hearings for Paul and Ruben Flores both the defense and the prosecution presented their motions in limine.

Close to a dozen motions were presented by each party arguing what should be admissible at trial and what should not.

Robert Sanger, Paul Flores' attorney, submitted a motion to have Kristin Smart referred to only by her name. Prosecutor Eric Dobroth objected, saying " there is no doubt she is a victim."

Judge Jennifer O'Keefe determined the court would not preclude, saying Kristin is a victim, despite not knowing what happened to her.

O'Keefe also granted the exclusion of discussion about Smart's sexual history, any rumors and speculation that she was pregnant at the time of her disappearance or that she went off to Santa Barbara. The reason is that all of it is hearsay. However, O'Keefe did allow for questions about her history if "what transpired is relevant. Taking questions surrounding her history on a case-by-case basis.

Another notable motion by the prosecution that was denied, was the effort to exclude questions to a key witness, Jennifer Hudson, surrounding her drug use. The judge with the caveat that questions not be about her general disposition.

Sanger also was granted a motion to refer to Paul Flores by his name before the jury and not the defendant.

The prosecution submitted a motion to exclude discussion about their team wearing purple ties in solidarity.

Judge denies motion to dismiss in Kristin Smart murder trial

UPDATE JUNE 6, 2022, 6:30 p.m.--  A judge denied a motion to dismiss the case based on "outrageous government conduct," according to defense attorney Robert Sanger.

Sanger's claim centers around a photo call a woman made on May 27 of 2022. The woman who lives near Susan Flores, Paul Flores' mother, claimed that Susan was taking pictures of her eight-year-old daughter. The Arroyo Grande Police Department took a police report, and a search warrant was issued for Susan's phone by a judge in San Luis Obispo. The warrant spans cell data between May 20-27.

However, days before the allegedly odd behavior by Susan, there was a "meet and confer" on May 24 about a settlement discussion - all of which is entirely confidential. If Susan messaged anyone anything surrounding the settlement talks, it would now be in the hands of investigators.

No pictures describing what the woman reported were found.

Prosecutor Paul Dobroth says there was no "fishing expedition."

Still, Sanger argued that around the same time the search warrant was issued, the San Luis Obispo County District Attorney's office was disseminating information to a podcaster to elicit Susan and other Flores family members to send text messages to one another and flush out incriminating details.

ORIGINAL STORY

Judge decides on dual jury for Paul and Ruben Flores trial

The pretrial hearing for Paul and Ruben Flores started in Monterey County Monday after being transferred from San Luis Obispo County.

The father and son could not receive a fair trial after 25 years of high media interest, so a venue change was ordered.

Paul Flores is accused of murdering Kristine Smart after walking her home from an off-campus party at Cal Poly San Luis Obispo. Ruben Flores is accused of being an accessory to the murder, allegedly helping his son dispose of her body.

Smart's remains have yet to be found.

READ MORE: Kristen Smart murder trial coming to Monterey County

The Smart family was preset for the first day of the pretrial.

On the first day of the pretrial, the state indicated they had statements from Paul Flores to include as evidence. The statements were taken on June 19, 1996.

However, introducing the statements caused concern about implicating Ruben Flores under the Aranda-Bruton Rule. The rule states that "In a joint trial of two or more defendants, an out-of-court admission or confession is generally admissible against the defendant who made the statement."

Judge Jennifer O'Keefe has decided to include the out-of-court statements.

As a result, the trial will follow a dual jury procedure.

Both defendants in this murder trial will each have their own jury. Selection of the juries will run between June 13 - July 1. During the selection process, some 1,720 possible jurors will only hear a brief statement about the facts in the case.

During the morning hours, the defense briefly mentioned a motion to dismiss a copy of a search warrant for "outrageous government conduct."

The motion to dismiss is being talked about after a court recess.

The trial is expected to last until October.

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Veronica Macias

Veronica Macias is an evening anchor at KION News Channel 5/46.

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