Paul Flores preliminary hearing delayed again, defense request to release Flores denied

SAN LUIS OBISPO, Calif. -- For the second time this week, the preliminary hearing in the Kristin Smart murder case was continued.

During a 10-minute hearing on Wednesday morning, Judge Craig van Rooyen announced that several motions have been filed by Paul Flores defense attorney Robert Sanger.

The motions involved discovery issues, which is the sharing of evidence between the prosecution and the defense.

Due to the ongoing issues, the preliminary hearing is now scheduled to resume on Friday, Aug. 20.

All of the motions are sealed and will not be opened to the public at this time.

Flores is believed to be the last person to see Smart alive. He's accused of killing the Cal Poly student during an attempted rape in his dorm room.

His father, Ruben Flores, has been charged as an accessory to the crime, accused of helping to conceal Smart's body.

Paul and Ruben Flores were arrested earlier this year in April. Both have pleaded not guilty to the charges.

During the brief proceeding Wednesday, Sanger also asked van Rooyen to consider reducing bail for Paul Flores, or release him from custody on his own recognizance.

Flores has been held in San Luis Obispo County Jail without bail since his arrest. 

Ruben Flores is out of custody after posting bail following his arrest. His request for bail reduction was granted by van Rooyen in April.

"He should not have to sit in custody due to discovery issues," Sanger said in the courtroom. "He should be out of custody while issues are being resolved."

Deputy District Attorney Chris Peuvrelle opposed the defense request.

Van Rooyen quickly denied the request and stated Paul Flores would remain in custody.

The judge is expected rule on the motions Friday, which may allow testimony to resume.

Testimony in the high-profile case was last heard on Thursday, Aug. 12.

Court is scheduled to resume this Friday in San Luis Obispo County Superior Court Dept. 5 at 9 a.m.