Motion to include rape allegations against Paul Flores in preliminary hearing denied by judge
SAN LUIS OBISPO, Calif. – The man accused of killing Cal Poly student Kristin Smart will not have complaints against him heard in court.
Paul Flores and his father, Ruben, are in a hearing to determine if the case will go to trial.
Week three of the preliminary hearing wrapped up Friday afternoon, ending a week where there's been more delays than testimony. In fact, prior to Friday, no testimony had been heard for more than a week with several motions filed by both sides causing this hearing to be continued twice.
Friday's session began with the judge in the preliminary hearing denying a prosecution request to admit evidence of other sexual misconduct allegedly committed by Flores.
Flores is accused of killing Cal Poly student Kristin Smart during a rape or an attempted rape in his dorm room in 1996.
His father, Ruben Flores, has been charged as an accessory to the crime, accused of helping to conceal Smart's body.
On Friday morning, Deputy District Attorney Chris Peuvrelle argued a motion filed by the prosecution that asked Judge Craig van Rooyen to consider using allegations of rape by Flores into evidence during the preliminary hearing.
Peuvrelle listed several women who allege Flores drugged and raped them and stated that Flores "used the same M.O. in each of these cases."
He also said investigators discovered rape fantasy pornography and home videos on his computer, including one that depicts an individual breaking into the home of an unsuspecting female, who is later incapacitated and raped.
Defense attorney Robert Sanger disputed the motion. "We don't have evidence of an actual crime," Sanger argued.
He added the motion was a rehashing of what was already set forth by the court, alluding to a prior ruling by van Rooyen that denied the addition of rape charges from Los Angeles County.
He called Peuvrelle's courtroom comments as, "salacious," "way overboard," and "for the press."
After listening to both sides, van Rooyen denied the prosecution motion. Van Rooyen stated the rape allegations have "limited probative value" and "relevance" in a preliminary hearing.
He emphasized the preliminary hearing was to establish probable cause to believe Flores committed the crime of murder.
He also said it could be prejudicial against Flores.
After the ruling, court adjourned for an early lunch recess just before 11 a.m.
In the afternoon, the first witness in eight days took the stand.
William Hanley, a district attorney's office investigator who took part in the Smart case took the stand.
He talked mostly about two interviews he conducted with Flores soon after her disappearance.
Looking ahead to next week, those in court learned that testimony on Monday and Tuesday will be three law enforcement officials. One of which is the current lead investigator for the District Attorney's Office.
Week three of the hearing resumes Monday morning at 9 a.m.
Playlist: The Disappearance of Kristin Smart
