SAN LUIS OBISPO, Calif. -- San Luis Obispo County District Attorney Dan Dow has filed a motion opposing a recent motion made by the Paul Flores defense team that is asking the court to dismiss murder charges against the suspect who is accused of killing Kristin Smart.
In a motion filed in December, Flores defense attorney Robert Sanger asked the court to throw out a ruling made by Judge Craig van Rooyen in September that Flores will stand trial for the 1996 murder of the Cal Poly student.
Sanger argued there was "insufficient evidence to support a finding of probable cause" presented by the prosecution in the seven-week long preliminary hearing.
The motion also said witnesses called by the prosecution during the hearing were "significantly influenced" by "obsessed podcaster Chris Lambert," who has gained international attention for his investigation in the case with his popular podcast, Your Own Backyard. It adds Lambert has led a "social media campaign driven to convict Paul Flores."
In the motion that was filed on Jan. 14, 2022, Dow objected to the defense motion.
In the 47-page document submitted by Dow, and signed by Deputy District Attorney Chris Peuvrelle, who argued the case during the preliminary hearing, it states there was "ample evidence" presented for the charges and ruling.
It adds the court should deny the defense motion because there is a rational basis for van Rooyen holding order and denial of the defense's various motions.
Paul Flores is accused of killing Smart during a rape attempt on the night of May 25, 1996. His father Ruben Flores is charged with an accessory to the crime.
Both men have pleaded not guilty.
A hearing is scheduled for Friday, Jan. 21 at 8:30 a.m. in San Luis Obispo County Superior Court Dept. 1 where the defense motion will be heard by Judge Jacqueline Duffy.
The proceeding will be livestreamed.
Pending the outcome of the ruling by Duffy, the trial remains on the calendar to begin April 25, 2022.