Smart family attorney says civil suit against Ruben Flores may potentially move forward

ARROYO GRANDE, Calif. -- The Arroyo Grande-based attorney for the Kristin Smart family has indicated a potential civil suit against Ruben Flores may soon proceed now that Paul Flores has been convicted of murder.

Paul Flores, the son of Ruben Flores, was found guilty last week of killing Smart in 1996.

After a nearly three-month long trial in Salinas, a jury convicted Paul Flores of murder, while a separate jury acquitted Ruben Flores of charges he acted as an accessory to the crime.

James Murphy, who has represented Stan and Denise Smart since 1996, said a civil suit against Ruben Flores would be the next step in the long-running case that he noted is still ongoing.

“It's not over yet,” said Murphy. “It's going to be over at the conclusion of the civil matter, and I have a very strong feeling that Ruben is going to be held civilly accountable."

Murphy has previously filed civil suits against members of the Flores family in the past. In 1997, a wrongful death suit was filed against Paul Flores, while another one was filed last year against Ruben Flores, Susan Flores, Paul's mother, and her friend Mike McConville.

"We're going to get started now on the civil case and the purpose of the civil case would be to hold Ruben potentially financially responsible for what they did, and that suit focuses in on the moving of Kristin Smart,” said Murphy.

Murphy noted the earlier civil suit against Paul Flores was given a stay by a San Luis Obispo County judge more than 20-years ago, which has paused any movement in the legal matter since then.

"The first step will be for me to determine when we want the stay lifted,” said Murphy. “There's an annual hearing before the court, and I would assume at the next hearing. I think the court will certainly lift the stay as to Paul Flores."

Murphy wasn't sure when the next hearing regarding the stay would be, but guessed it would likely be held within a few months.

"We'll just have to see what the court does,” said Murphy. “Then I will be inundated with massive amounts of materials to review, and then at some point in time, there will be a civil trial against the people I believe were responsible for moving Kristin's body, which is far beyond adding insult to injury. It's a despicable act. To have your kid kill somebody, and then be complicit in burying her on your property, and then moving her after the cops show up and are getting close, that's despicable behavior, and I think they do need to be held accountable."

For any potential suit to move forward, Murphy said he will need the approval of the Smart family.

"I spoke to my clients (after the verdict), and love them so much, they're just fantastic people, but I did say, we'll sit down soon when the dust settles and we'll just try and figure out what's the game plan for the future,” said Murphy. “They've never been in it for any money. They just want to find their daughter, and when they realized that she was gone, they wanted to hold her killer accountable, so that's now been done."

Murphy added during his discussions the Smart family to determine whether or not they proceed in court, he will inform them of the potential risks they may encounter due to their litigation.

"I've got to reacquaint them with the case, the facts and the risks because in civil litigation, you can be sued if you are not successful, unless there's a showing of good cause or probable cause to initiate the lawsuit,” said Murphy. “I want to do for them what they want done for them. I am absolutely confident that they do want to pursue this matter for several reasons. One is not money. The primary reason is hopefully to help find what happened to their daughter."

Ruben Flores has long maintained his innocence, as well as Paul's since his son first became the prime suspect in Smart's disappearance over Memorial Day weekend in 1996.

"There is no evidence against anybody, me or Paul,” said Ruben Flores, while speaking to reporters outside the Monterey County Courthouse last Tuesday. “There wasn't at anytime and just too much made up stuff. That's all I can say. It's too bad that they system works that way on feelings, instead of on facts."

Ruben Flores was later asked about what comments he might have for the Smart family.

"I feel bad for them because they didn't get no answers about what happened to their daughter," said Ruben Flores. "We don't know what happened to their daughter, and so, like I said, I feel sorry for them."

Harold Mesick, the San Luis Obispo-based attorney who represented Ruben Flores during the trial, also said to the media his client is not responsible for anything that may have happened to Smart.

“This man is not just not guilty, he's absolutely innocent,” said Mesick. “And (Tuesday's) verdict proved that. He never should have been charged and I'm very pleased with the outcome. Love our system of justice ”

Mesick went on to complain about the treatment Ruben Flores and his family has received in Arroyo Grande and the Central Coast over the past 26 years, dating back to when Smart first disappeared.

“It would be nice if the community would actually honor the presumption of innocence,” said Mesick last Tuesday. “If you go online like I do frequently, or get the comments, there is just so much animosity towards this man and his family. There's so much hate and I really have never understood it. I understand that people are upset that Kristin is missing. I understand that they want a person to be responsible for that, but the, let's lynch him, the let's burn him, let's hang him, let's kill him, I don't know where that comes from in this county and I wish the community who still feels that way would diffuse themselves of those feeling.”

Murphy disagrees with both Ruben Flores and Mesick. He believes Ruben Flores had a hand in moving Smart's body away from his Arroyo Grande home and is hoping to argue the case in court.

"Leaving Kristin buried like an animal in his side yard, and then moving her when the cops got close, is beyond despicable, and that motivates me to come after him and I'm coming after him,” said Murphy.

Murphy added if the Smart family does proceed with the civil suit, it would likely not reach a courtroom for at least two years due to scheduling constraints.