Legal analysis of Kristin Smart case and lawsuit

SANTA MARIA, Calif. -- Ruben Flores is now facing a civil lawsuit on top of criminal charges. His son Paul Flores is charged with killing smart when she was a Cal Poly student in 1996. Ruben Flores is accused of helping cover it up.

A former Santa Barbara County prosecutor says it's typical for a civil case to also be filed alongside a criminal case.

"They can run on dual tracks at the same time," Santa Maria based attorney Paul Greco said. "Or the trial court can move to stay the civil proceeding while the criminal process plays out."

Greco says a typical issue that would be important for a defendant is their fifth amendment right against self-incrimination.

"You do not have that right generally in some aspects of civil cases, so if it's going to affect the criminal case then they would not participate in depositions, for instance, in the civil lawsuit," Greco said.

Greco says there's a considerable difference in the amount that the District Attorney would need to show for evidence versus what the plaintiff's attorney on behalf of the Smart family would need to show.

"The burden of proof on a civil case is a much lower one," Greco said. "It's a preponderance of evidence. Sometimes we call it the 51 percent. It's more likely than not. In contrast, a criminal case has a high standard of proof in the law which is, beyond a reasonable doubt."

While factual issues are likely to be decided in criminal court, Greco says issues like intentional infliction of emotional distress would need to be addressed in civil court.

"Let's say they're alleged to have moved a body after a murder, whether that conduct would be conduct that civilized society would tolerate," Greco said. "If the answer is no, then how much should you punish that person for it, by dollar signs, not by prison time."

Greco says it will be interesting to see how each side bolsters their arguments with experts as to what exactly the reported movement of dirt under a deck on Ruben Flores' property actually shows. The civil attorney for the Smart family claims Ruben Flores moved Smart's body from his property days after it was searched in 2020. Smart's body has not been found.

"So I would in essence pay attention to the dirt," Greco said. "It seems to be a critical piece of the people's case and the defense is disputing it."

Ruben and Paul Flores are set to return to court on May 17.