Ruben Flores’ jury reaches verdict in Kristin Smart murder trial
SALINAS, Calif. – The jury for Ruben Flores, the man whose son is accused of killing former Cal Poly student Kristin Smart in May 1996 and who is being charged as an accessory to the crime, has reached a verdict.
The court will not read the jury's decision until the jury for Paul Flores, Ruben's son, has reached a verdict as well.
Paul and Ruben Flores's cases were being tried simultaneously, but each defendant had their own jury.
Judge Jennifer O'Keefe instructed the Ruben Flores jury members to not discuss the case with anyone, family, friends, spiritual leaders, and especially members of the other jury.
The Ruben Flores jury members were dismissed by O'Keefe, but asked to keep their phones on and be ready to return to the courthouse within an hour when the other jury reaches its verdict, so both of the verdicts can be read at the same time.
Ruben Flores' jury had to restart deliberations days in after a juror was dismissed on Thursday for talking about the case with his priest, but handed down its decision on Monday.
Paul Flores' defense attorney Robert Sanger motioned to have the court, saying that his investigator witnessed several members of the prosecution team – including San Luis Obispo County District Attorney Chris Peurvelle, District Attorney's Office Investigator JT Camp, San Luis Obispo County Sheriff's Detective Clint Cole, and San Luis Obispo County Sheriff Ian Parkinson– hugging members of the Smart family in the hallway of the Salinas courthouse.
Sanger said the interactions were "inappropriate, careless, and unforgivable," arguing it might unfairly influence the jury.
Peurvelle said that the Smart family has waited for 26 for this and a "small degree of compassion is entirely appropriate. O'Keefe quickly acted on the defense request and "respectfully" denied the motion.
She said that the jury has previously been advised to ignore anything it witnesses outside the deliberation room if it relates to the case. She acknowledged that the trial has been "an emotionally charged case" and "extremely stressful."
O'Keefe advised all parties to be mindful of their actions while they are at the courthouse and to "keep in mind the potential problems that may arise.
Sanger asked the judge if she could speak to the jury again and remind them to ignore anything they see outside the deliberation room that could influence their decision.
In the afternoon, the Paul Flores jury was brought back into the courtroom briefly and given instructions by O'Keefe to not let anyone or anything outside the deliberation room to affect their decision.
Once the jury departed, Peuvrelle told the judge he would add to the record a response to the mistrial motion made earlier in the day by Sanger.
Peuvrelle said neither he, nor Camp hugged any member of the Smart family during the alleged interaction that was relayed to the judge earlier in the day by Sanger.
He also admitted Cole did physical embrace the Smart family members and he would submit a memorandum to the court stating the facts.
Sanger acknowledged his investigator did not see Peuvrelle or Camp hugging the family members, and added she witnessed Cole, as well as Parkinson.
Sanger said, "I don't think this is a minor breach. They should know better. It shouldn't be minimized."
After Sanger spoke, O'Keefe ended the hearing just before 3 p.m.
The Paul Flores jury continued its deliberations throughout the afternoon before leaving for the day right before 4 p.m.
The jury is scheduled to resume deliberations on Tuesday at 8:30 a.m.
When the Paul Flores jury reaches a decision, the Ruben Flores jury members will be called and asked to return to the Monterey County Courthouse within a hour.
Once both juries are in place, the two verdicts will be read back-to-back.