Former lead investigator takes stand in Flores preliminary hearing
SAN LUIS OBISPO, Calif. – The Paul and Ruben Flores preliminary hearing resumed Monday as the hearing progressed into its fourth week. Monday's hearing began with the former lead investigator in the Kristin Smart disappearance taking the stand.
Henry Stewart was a San Luis Obispo County Sheriff's detective who was assigned to the case June 26, 1996 – one month after Kristin Smart disappeared.
After receiving the case, he worked as the lead investigator for two years.
During examination by Deputy District Attorney Chris Peuvrelle that lasted less than 10 minutes, he answered only a few questions regarding an interview he conducted with Jana Schrock on July 7, 1996
Schrock is the woman that spent the night in the dorm room of Kristin Smart the night she disappeared. Schrock was not a Cal Poly student and was a friend of Smart's roommate, Crystal Calvin.
Stewart recalled the interview he had with Schrock in 1996 that described her accounts of the night. Schrock told Stewart she arrived in the dorm room sometime between 12 a.m. and 1 a.m. that night and was awakened by Ted Munley.
Schrock said she then went outside and smoked a cigarette with Munley before returning inside and asking Munley to sleep on the floor. When she awoke later in the morning, Munley was in bed with her.
Peuvrelle ended questioning and defense attorney Robert Sanger then began his cross examination.
For two hours, he questioned Stewart about a number of interviews he conducted with Flores and other people associated with the case.
He also asked questions about a July 15, 1996 search of Ruben Flores' Arroyo Grande home including a search in Paul's room.
He also asked about a 1998 trip to Costa Mesa that Stewart took in order to talk to waitresses at bars who knew Flores. Flores was living in Orange County at the time and was known to frequent bars in the area.
During the trip, he observed Flores at a bar, which was a violation of his parole, and it later caused Flores to be arrested for parole violation in Santa Barbara County. Flores was later jailed at Santa Barbara County Jail.
Stewart answered questions about trying to talk to Flores in jail, which Flores refused. Sanger seemed to imply Stewart was trying to force him to confess, saying detectives have, "tried to pressure Paul Flores into making a statement."
Sanger also asked about an undercover informant that was planted into the Santa Barbara County Jail with the hope of getting information from Flores.
But, Sanger pointed out, Flores didn't say anything incriminating. The attorney argued that his client has told everyone the same story: that he last saw Kristin Smart as she was walking back to her dorm room.
"For 25 years, he's said exactly the same thing," Sanger said. Speaking of the prosecution, he said "They know they don't have a case."
Also coming to light Monday, there are still significant issues with the sharing of discovery evidence between the two legal teams. These issues have prompted another day off in the preliminary hearing. There will be no session on Tuesday due to these continuing issues. Last week, the hearing took off several days due to the same issues.
When court resumes Wednesday, motions will be heard including the defense motion to have the San Luis Obispo County District Attorney's Office disqualified from the case. At the center of the motion is the color purple. Deputy District Attorney Chris Peuvrelle wore purple on more than one occasion during the early days of the preliminary hearing. Paul Flores' legal team will attempt to argue that wearing the color displays bias or "prejudicial prosecution" since the color was Smart's favorite.
Paul Flores is accused of killing Cal Poly student Kristin Smart, who disappeared 25 years ago after an off campus party. His father, Ruben Flores, is accused of helping his son to conceal her body. Both men have pleaded not guilty.
The preliminary hearing is expected to last at least three weeks. At the end, a judge will rule if there is enough evidence for the case to go to trial.
Digital communication is limited during this preliminary hearing. We will continue to bring you updates on air and online throughout the process.
