This episode contains subject matter that may be disturbing to some listeners. listener discretion is advised. Following his first-degree murder conviction, Paul Flores' sentencing was delayed, from December to March, to give defense attorney Robert Sanger extra time to file a motion for a new trial. But by the February 9th status hearing, more than three and a half months after the guilty verdict, Sanger still hadn't filed his motion. When the hearing began at 1.30 p.m.,
Sanger was not present. Instead, an attorney named Frank Ochoa explained to the court that he was sitting in for Sanger, who was working on another trial in Los Angeles and unable to make it, even by Zoom. Ochoa indicated that Sanger still intended to file a motion for a new trial, but even with the extra 60 days, he'd been unable to secure funds for the trial transcripts.
Pavrel argued that Sanger had known about this hearing for two months and should have scheduled his new trial dates accordingly. Judge O'Keefe reaffirmed her earlier decision to not delay the sentencing any further. than March 10th. On Friday, February 24th, at 4.54pm, six minutes before the end of the work week, defense attorney Robert Sanger finally filed his motion for a new trial.
as well as another motion for acquittal, arguing that the jury's verdict should be overturned and Paul Flores should get a new trial or be fully acquitted. Remember in December? When the court reporter said it would take her longer to finish the trial transcript, if Sanger also needed transcripts of the jury selection process, Sanger said he did, with regard to a couple of particular individuals.
But in his 55 pages of motions, Sanger made no claims of misconduct against any juror. Instead, the motions were mostly a rehashing of his previous nine attempts for mistrial. He argued that Deputy District Attorney Christopher Pavrell misled the jury during his closing rebuttal by suggesting that the jurors had only two options, to believe that the entire case was a conspiracy against Paul.
or to believe that Paul was guilty. Sanger also said that the defense never suggested there was an actual conspiracy against Paul, only that the prosecution's argument was equivalent. to a conspiracy theory. But in his closing argument on October 3rd, he told the jury, After hearing Mr. Preverell, I have to respond to what he said. Basically, a bunch of conspiracy theories.
We love to hear them. We like to watch shows and you think, I bet I know what happened. But you're here as jurors. You took an oath that you would follow the rule of law. In his rebuttal to Sanger's comment that conspiracy theories can be fun, Pavrell asked jurors, Did it look like the woman with the ball gag in her mouth was having fun? Sanger argued that this question was inflammatory.
and designed to evoke passion and prejudice. But Sanger had already asked for, and was denied a mistrial on October 5th, 2022, on those exact grounds. On that occasion, Judge O'Keefe had stated her position on any errors made during closing arguments. I have informed the jury numerous times that the arguments of counsel are not evidence, and if the statements of counsel conflict with court instructions,
They are to follow my instructions. Sanger's motions also argued that the testimony regarding the bathtub ring staining in the soil under Ruben Flores' deck, which Sanger referred to here as, bloodbath evidence. In addition to the dog alerts, heme direct testing, and blue star testing in Mike McConville's trailer, we're all based on junk science.
Sanger's arguments regarding those issues were identical to arguments he made during the preliminary hearing, the pretrial motions, and several times during the trial, with no new information. Sanger also argued that the prosecution knew the testimonies of David, Jennifer, Jamie Lynn, Steve, Tim, and Rhonda contained falsities, but allowed them to testify anyway. Sanger said Peverell, quote,
put forth the claim that David said he was not allowed under the deck at Ruben Flores' house. The prosecutor knew that was not true." Sanger said that because David had stored two 55-gallon barrels under the deck, this was proof that he was allowed in that area. However, David testified at trial that he stored the barrels there without Reuben's knowledge.
And when Rubin found out, he got angry and demanded that David remove them. Next, Sanger claimed, He knew he was endorsing perjured and bizarre testimony, adding that Jennifer rehearsed her testimony with the podcaster and Justin before talking to the police. Sanger also went on to describe Justin as her friend who was seeking a reward. There was no new information or evidence to back up any of those claims.
He argued that Jamie Lynn's testimony was created by the Lambert slash Murphy people. Steve's testimony was highly biased because he really wanted to see Paul Flores convicted. Tim's testimony... differed from one of his police interviews where he said that before Paul approached the group walking home, he had been walking down the street with people from another party, something that Paul himself never even claimed in any of his police interviews.
And Rhonda Doe's testimony, that she had been raped by Paul Flores in 2008, was influenced by the fact that she had attended Cal Poly sometime after Kristen's disappearance, and must have been aware of the publicity at that time. Sanger reiterated that none of the rape testimony should have been allowed in because there was no evidence that Kristen Smart was raped, and added that Judge O'Keefe should have allowed him to present evidence regarding alternate suspects.
including an ex-boyfriend and a student who may have been stalked by Kristen. Additionally, Sanger claimed that Judge O'Keefe had erroneously excluded a psychological evaluation of Kristen Smart, apparently conducted sometime during her freshman year at Cal Poly. In it, Kristen reportedly said that she felt frustrated that her mother always expected her to do better, and said she was only happy when her mother was happy with her. Sanger said this report,
undermined statements by the Smart family that Kristen was very close with them. Sanger didn't mention that this psychological evaluation was conducted by a chiropractor. In all, the only new piece of information from Sanger was that he intended to recall a witness to testify in support of his motion for a new trial regarding new evidence he had uncovered. He didn't say who that witness was. On the morning of March 10th, a torrential rainstorm hit Monterey County.
knocking out power along the coast. Sections of Highway 101 were flooded and shut down in both directions. As we gathered at the Salinas Courthouse, the sky was dark and gloomy. and there was tension in the air. Even though Paul had been successfully convicted five months earlier by a jury of his peers, many present were holding their breaths for Sanger's hearing, waiting to see if the system
would fail Kristen Smart one more time. Ruben and Susan Flores sat in the front row of the right side of the courtroom. The media sat in row two. Seven... of Paul Flores' jurors sat in row three as members of the public. And to the surprise of many, five of Ruben Flores' jurors sat in row four. I'll add here,
that no one on Rubin's jury has ever contacted me as of this recording, though I did speak with one of them briefly after this hearing in March. On the left side of the courtroom, the Smart family... and their supporters filled all six rows. The hearing began with Sanger's request to recall a witness to the stand, in support of his motion for retrial.
And while many of us prepared ourselves for a witness who might recant their testimony, or maybe evidence of perjury, Sanger instead told the court that he had subpoenaed dog handler Wayne Behrens. To refresh your memory, Barron's previously testified on August 16, 2022, that his Labrador retriever, Sierra, had alerted at Santa Lucia Hall back in June of 1996.
But Sanger's reason for wanting to recall him to the stand had almost nothing to do with his work on this case, but this one, from October 2022. Coming out of Atherton right now, a car found buried behind a $15 million home. The strange part is the cadaver dogs indicated slight possibility of human remains. So police have been searching the area since Thursday. Police do know that the car belonged to Johnny.
Bakhtun Liu, who was also the former owner of that property, he reported this car stolen in 1992, only to be discovered buried decades later on Liu's property with several bags of cement last week. Now, Liu had quite a history with the law. He was arrested for the murder of his girlfriend in the 1960s and convicted of attempted murder of another person in 1977. When an Atherton police commander was asked during a press conference what the cadaver dogs could have been reacting to, he said this.
I've done a few questions with some different canine officers and what they've said is it could be human remains, they could be reacting to blood, they could be reacting to... old bones they could be acting to human vomit it could be any one of those combinations of things that the dogs are reacting to they did mention that because of the time frame that this vehicle has been buried for approximately 30 years that
A slight reaction would be consistent with the duration that the vehicle has been buried. Note that both the news anchor and the police commander described a slight reaction to the car, but not a full alert. That's because the cadaver dogs only showed a change of behavior, much like they did under Ruben Flores' deck in 2021, which the commander said was consistent with the duration that the vehicle had been buried.
But that's not the part that Sanger was interested in. They could be reacting to old bones. They could be acting to human vomit. It could be any one of those combinations of things that the dogs are reacting to. You might recall that Sanger said during his closing arguments that dog handler Adela Morris had said dogs would alert to vomit. After a juror submitted a question asking if that was true,
Sanger corrected himself, indicating that it wasn't exactly what she had said, but it was the jury's job to sort out what was true and what wasn't in his closing argument. Now again, Sanger was hoping to raise doubt about the cadaver dog alerts in Paul's dorm room by suggesting that human vomit could cause a false alert. This issue is complicated by the fact that Paul told police he only vomited in his mouth.
before going to take a shower. Plus, the suggestion that Paul Flores' dorm room was the only room on a university campus where anyone had ever vomited. So what does any of this have to do with recalling Wayne Behrens? Sanger said he believed that Behrens was present on the scene in Atherton, because his van was visible in the background during a news broadcast.
I've watched dozens of videos covering that story and never spotted Barron's in any of the footage, though it's possible he was there since he resides in the same county where the buried car was found. What this meant... was that Behrens was now driving south in a heavy rainstorm from his home in the Bay Area, a two-hour drive in good weather, to testify about whether or not he had been the person who told the Atherton police commander
that cadaver dogs could alert on vomit. We don't know what he will say specifically, Sanger told the judge. We saw a video where Mr. Behrens was getting out of his van, so we have every right to be able to interview him. So we subpoenaed him. We don't know if he may have spoken to Adela Morris during the trial and told her that, yeah, dogs could alert to vomit. We don't know, because he won't speak to us. We're asking for an opportunity to interview Mr. Behrens in the hallway.
before we call him to the stand. He's not here yet, but he called us and said he was stuck in all the traffic and would be here around 926. So when he gets here, we'd like to interview him briefly in the hallway. If that's denied, I asked that we could just call him to the stand. Pavrel then responded, Your Honor, defense subpoenaed Mr. Barron's in December. We were not told about it until yesterday. If that's not bad faith,
I don't know what is. Mr. Sanger also misrepresented what the Atherton commander said in his TV interview. He said he spoke to canine officers, not a cadaver dog handler. I'm asking the court to deny this. Judge O'Keefe then made her ruling. I will note for the record that I received a declaration yesterday at 12pm stating that new evidence had been discovered. The court obviously reviewed it.
and I will note that the information in the declaration is somewhat different than what Mr. Sanger said here in court today. There is no indication to this court that this is anything but speculation. There's no proof at all that Wayne Behrens is the person who gave this info to the Atherton commander. This question was also already asked of Miss Adela Morris. There was no follow-up to this question.
There was no question asked about vomit to Mr. Behrens by the defense at all. The court finds that it is not reasonably probable that this info would lead to a different verdict. The court respectfully denies the matter. If someone could please let Mr. Behrens know the court's ruling, so he's not waiting around. Sanger's private investigator, Ramona Messina, then left the courtroom to go downstairs.
to inform Wayne Behrens that his testimony was no longer needed. When she returned to the courtroom, she leaned down to whisper in Sanger's ear, which could be heard throughout the courtroom, via his lapel mic. He said he doesn't remember saying that. Sanger shrugged. Judge O'Keefe then allowed him to move on to his motion for judgment of acquittal, but informed him up front, Mr. Sanger...
I have read and gone through these motions thoroughly. It is not necessary to go through every detail ad nauseum. Sanger smiled and quipped, Ad nauseum. So, we have moved past the... vomit. That was a terrible joke. Before reiterating all of the information in his motion, which I went through at the beginning of this episode, Sanger claimed again,
that he had never implied that there was a conspiracy. The prosecutor came up with this idea that we said 50 witnesses and the dogs conspired. No, we said everybody likes to watch television. and you have to suspend your disbelief to enjoy the movie. In response, Deputy District Attorney Crystal Seiler, now seated next to Pavrel, responded.
I find it amusing that the defense said in their argument that they never claimed there was a conspiracy, and then in the same document, claimed all these people manipulated testimony and evidence and were out to get Paul Flores. That is, by definition, A conspiracy. And Judge O'Keefe agreed. I similarly find the prosecutor did not misstate the defense's position.
The defense began their argument with several minutes of discussing conspiracy theories. This was a theme of the defense's argument that several people inserted themselves into the case over the years in an effort to convict Paul Flores. The defense's motion for judgment of acquittal is respectfully denied. I'm going to ask everyone to return at 1pm, and we will proceed to sentencing. And that was it.
Paul Flores was going to be sentenced. And when we all returned to the courthouse an hour later, something suddenly changed. One o'clock in the afternoon on the day of sentencing. I mean, we've heard the term atmospheric river ad nauseum, and we just, you know, the weather, and it was just brutal. Road conditions, the rain, the wind, the weather was... I mean, the worst that I've seen in a long time. And for us to walk back in court at 1 o'clock, and that was the moment when the rain stopped.
and there was blue skies directly above the courthouse, and that kind of courthouse promenade walking from the DA's office over to the courthouse itself was a moment that... That is a standout moment. That is one of them. I don't think it was chance, and it was just one of those moments. There was no other reason for the skies to part like that.
We all remarked that, I mean, what a time for the rain to stop, and what a time for the blue skies to kind of open up. And, man, it was like 1 o'clock sharp. It was... And you could see the sun shining down on that courthouse. And that was amazing. Yeah, you couldn't write that into a story. The courtroom bench is filled with supporters, who came back after the lunch break wearing items of purple, Kristen's favorite color. Chris Pavrell addressed the judge, and for the first time,
cameras were allowed in the courtroom. The defendant's statement in the probation report. He admits he has an alcohol problem, which at least corroborates what happened in this case. And yet he still maintains his innocence and blames law enforcement and everyone else for being here. But we know he lies. We know he told investigator Bill Hanley that he has no problem with white lies, no problems with fibs.
And any future parole board should know this defendant has proven over and over again he has no problem lying to achieve what he wants. And the bottom line, even from this statement, from 27 years, He has zero insight into his crime. Zero remorse. Zero empathy for the family of the young lady that he snuffed off the face of this earth.
And if and when he is ever in front of a future parole board, he will fib and lie to them too. So I'm going to object here. This is not sentencing. This is not a message to the parole board. should be sentencing, should be addressed to the court with regard to the appropriate sentence, which there is only one. But I object to messages to a future parole part that's not appropriate. All of which shows that Paul Flores is a true psychopath in every meaning of the word.
He is a proven and admitted liar over the course of decades who takes perverse pleasure in raping women while they are completely incapacitated. He murdered Kristen with zero remorse or concern. And the world now knows the truth that Paul Flores is a sick murderer, rapist, and psychopath who should never be released from prison. And that's his court to sentence Paul Flores to 25 years to life. Thank you.
On the courtroom projector, the Smart family played home movies and pictures of Kristen, from the time she was born until the time she left for Cal Poly. to Port Lauderdale. Today is December the 17th, 1994. We're headed to the Princess Cruise to take a trip to Jamaica. Oh my God, she's still here. Look at the girl. How's it going, Kristen? Probably about seven hours. Members of both juries sobbed, as did most of the people present.
After the video, Kristen's family and friends were allowed to present victim impact statements to Judge O'Keefe. The following clips were edited for time, but I urge you to watch the entire hour and a half of statements. on my website, or on YouTube. Good afternoon, everyone. And it's a little hard to follow that emotional video, but I'm Stan Smart. I'm the father of Kristen. This is a parent's worst nightmare.
the disappearance and death of their child. As a parent, you fall into a pit of despair. You are willing to travel anywhere and meet with anyone that thinks they have information regarding... the whereabouts of your child. Your wife is distraught to the point of quitting her teaching position and I needed to bring myself into further school administrative work.
to occupy my mind and continue with some semblance of normal life. Initially, my wife's focus and mine were to find Kristen alive. Within weeks, we learned from the Cal Poly police... that she had been at an off-campus party and possibly killed by the last person she was seen with, Paul Flores. We worked to keeping our younger children, Matt and Lindsay, shouldered from this horrific...
crime or event. They had been scarred emotionally at the loss of their older sister. Matt became very defensive and slept at night with a baseball bat under his bed. Lindsay became less social and would not attend age group gatherings without having one or more friends accompanying her. We are no longer a whole family of two parents and three children.
It is now abundantly clear that Paul and his family, and all of them took the fifth not to incriminate themselves, have no remorse for taking our daughter's life and are unwilling to assist. and locating her amaze. The court evidence has shown that after her daughter's murder, Paul Flores proceeded to prey on numerous intoxicated women. He met at bars by drugging them.
and repeatedly raping them and videotaping them, he definitely has demonstrated a proclivity to this type of unlawful, abhorrent behavior during the past 26 years. I respectfully request that Paul Torres receive the maximum sentence for first-degree murder, hopefully 25 years, to life without parole. Matthew Smart. For more than 26 unthinkable years, this Smart family has waited for my late sister Kristen Smart's return home. It would be for naught. We searched the hillsides.
followed every lead, no matter how large or small, spoke with anyone and everyone who might know something, but our efforts would unfortunately be futile. Paul Flores and his family knew this from day one. There has never been a need for a lengthy trial, only yet confession, by Paul Flores. His continued silence speaks for itself. Paul has been given every chance and more.
But in the past 26 years, he has committed additional heinous crimes against society and yet even more women. Paul is a menace to society, and we have waited long enough for this day. There will be no peace, there will be no rest in this smart family fight. Our resolve is only renewed and strengthened by Paul's sentencing. We will never rest until Christian is properly laid to rest. by her family. This fight is far from over. I'm Lisa Smart, wife of Matt Smart and Kristen's sister-in-law.
I've been a member of the Smart Family for 20 years and have experienced all the trials and triumphs that have come along with this case. The impact of Paul killing Kristen has always been felt, but the impact over the last three years has never been stronger.
I never had the opportunity to meet my sister-in-law. She was taken away from her family six years before I met Matt. Matt's well-being has always been my first priority when it came to Kristen's case. He is quite guarded, which is to be expected. Matt, as well as his parents, Stan and Denise, and younger sister, Lindsay, all have tremendous resilience and strength. I have always been amazed at how they continue to live life to the fullest and are not full of anger or hatred.
as i feel others in this situation might be i have been greatly impacted by paul he has put us in a club no family or human cares to belong to it has been lonely and terrifying as others i know cannot relate to what we are going through The impact of what Paul has done has not only affected Matt, our families, and myself, but it has now trickled down and is impacting our own children. As a mother, there is no guidebook on how to parent, but there is definitely not a guidebook.
on how to tell your children that their auntie was raped and murdered and you don't know where her body is. I am attempting to answer questions from two inquisitive children who want answers about our family member, who my kids and I never got to meet. Sadly, Our children have come to learn that real monsters like Paul Flores do exist. Their innocence has been taken away. The impact of Paul's choices has instilled fear and anxiety in our children about losing another loved one or family member.
We've waited years for Paul to be arrested, waited months for a preliminary hearing and trial, and now we wait for sentencing and for Paul to be moved to prison. Paul always had a choice. to end this madness, but instead he has chosen to not speak a word for almost 27 years. My name is Eric Cook. I'm Kristen's first cousin. No, February 20th is my birthday.
These are the words that I hear every February 20th for 19 years since Kristen first speak. It was a game we used to play on the telephone when she was young. Kristen and I shared a special bond. We shared the same birthday. Since her death, my birthdays have been better sweet and filled with mixed emotions. Kristen was the first baby I ever babysat.
Much the way all of us remember what we were doing when we heard about 9-11, I will always remember what I was doing when my mom called and told me that Kristen was missing. The long car ride down to Cal Poly with my Uncle Stan the next morning. Looking up at the moon, our first night in San Luis Obispo, and my uncle wondering if Christine could see the moon from somewhere.
When my uncle and I heard for the first time that unthinkable from a district attorney investigator that Kristen was not alive and they had a suspect. Searching for Kristen's body with my uncle. My whole view of the world changed forever. Lost was my belief that institutions and people would take care enough. to do the right thing when someone goes missing. During the past 26 and a half years, I have seen the best and the worst in human behavior.
We have encountered many heroes and many villains. At the time of Kristen's murder, I was 33 years old, without children, and my uncle Stan and Aunt Danny were 51 years old. with three beautiful children now married with children of my own i better understand the rage and pain that they have felt they have shown unimaginable strength
They have stayed by each other's side and raised two beautiful, successful children, while Kristen's bedroom remained empty. Most families do not survive this type of tragedy. My name is Anne-Marie Christian. I'm a dear childhood friend of Kristen Smart. Kristen Smart and I met when we were in fourth grade. We were the same age. My daughter. is now. Kristen's last words to me were in a handwritten letter, a sympathy letter she wrote while she was a student at Cal Poly in your hall.
A sympathy letter about my mom's unexpected death. Addressed, but she never got the chance to send it. How do you quantify or even begin to explain the impact of the loss of a childhood best friend? When you are both only 19 years old. You can't. It is not possible. I have lived 26 plus years without her. While her killer... has been free and was given the opportunity to victimize other women. This is shameful. This is shameful.
Although Kristen's killer has not yet been sentenced, he has already handed out a life sentence to Kristen, her family, and friends. Lies. We've heard a lot about lies today. You know, I have a teenage son as well. And the most important thing I've taught him is to speak the truth. To take responsibility for your actions. Mistakes or otherwise. Your parents, Paul, have failed you. So has your legal team. Instead of teaching you to speak the truth, they've taught you how to lie.
You can break the cycle. This is only prolonged and increased the pain and suffering. Once the location for her body is revealed, healing can... begin. Kristen, we love you and she'll never give up hope for you to finally rest in peace and for a lifetime of justice. to be served. I'm Lindsay Smart Stewart, and I'm the proud sister of Kristen Smart. Throughout her short life, my sister's list of accomplishments and adventures were already impressive.
It makes my heart ache when I stop to think about what we would have had if she were here. Almost three decades weren't the sister secret, certainly. Would our children be friends? Would we live in the same city and help each other out with carpool? Would I be God-parent to one of her children? Today I stand before you as a grown woman. I have a family, friends, a career that I'm proud of.
In spite of everything in my life that could have been very well jeopardized, I feel lucky beyond measure for the things I've built for myself today. Nevertheless, the prolonged post-traumatic stress I experience is real. and intense. I have full body reactions on this street, and they're often prompting me to spread common fear. It took me ten years to even turn on the news. When the worst thing happens to you...
It's impossible to substitute yourself to anything else. For so many years, it felt easier, a survival mechanism, to compartmentalize my existence and focus on the things I could control. But more importantly, There's a hole in my heart that will never be replaced. A hole that changed me, shaped me, and hurled me into adulthood overnight. A hole that exists thanks to a man who hardly learned from his disaster and had zero consequences.
for his actions for more than 26 years. While I sat at home, staring at my sister, empty chair for over 26 years, Paul had the freedom to do whatever he wanted with this family. And he still is holding the key to the one thing I desperately want, my sister, bringing her and her body back. He holds the key to all the answers of our family's questions, and he keeps us in prison.
from the truth and the closure about my sister's remains. Furthermore, Los Angeles County has proof of these horrific crimes that continued after my sister's death. Multiple women have come forward. These Jane Does are the unsung heroes, speaking out and giving voice to not only their own truths, but to victims, like my sister who no longer can.
And yet, Los Angeles County continues to evade action. We didn't get this right the first time, and sadly we aren't getting it right now, but I'll be damned if we don't get it right for my children. This man has made it abundantly clear he never deserves freedom again. I am Patrick Stewart, husband of Lindsay Smart Stewart, and brother-in-law to Kristen Smart.
Kristen suddenly disappearing from Lindsay's life when she was only 14 years old had a profound impact on the rest of her life, often in ways she does not completely realize. Firstly, Lindsay is one of the most safety-conscious women I have ever known. She will not go anywhere that makes her feel even mildly unsafe because, to paraphrase, you never know when you're going to get abducted. Not robbed, harassed, or assaulted.
simply disappeared off the face of the earth. She applies this lens to vacation destinations, living situations, and anywhere that anyone in her family may go.
And even now, though we live in a very safe neighborhood with few cars and friendly neighbors, she still won't walk down the street at night to the mailbox alone. When the Smart family finally declared Kristen dead and held a memorial service in 2002, The only way they could get Lindsay, then a college freshman, to attend was to simply bring her to the surface just before it started without telling her what she was going to in advance.
The ripple effects of Paul Flores raping and murdering my sister-in-law have hit me as well. I have had to come face to face with the truth that people like Paul Flores... who give no second thought to drugging and raping women, freely walk around us all the time. And realized my own daughters... Now two, four, and six might face a monster like this before they get their driver's licenses. The depravity and pain that Paul Flores has brought to our society has shaken me deeply.
I will be enrolling my six-year-old daughter into Jujutsu. I understand how crazy this sounds. rolling my six-year-old daughter into jiu-jitsu in the hopes that she will have enough muscle memory by the time she is an adult to defend herself against an assault, but also knowing that there is no defensive drug to her.
Many times, sitting in this courtroom, I could feel my hands trembling with rage at the sight of Paul Flores, which is a feeling I never had before and wish to not experience again. The images of grave sites... and the ball-gagged victim haunt the back of my mind no matter how hard I try to forget them. Simply knowing that Paul had so many images of exploited children on his hard drive enrages me.
Not even our children have found shelter from what Paul Flores did to their aunt, despite our best efforts to shield them from reality. My oldest daughter has asked us several times, What happened to Kristen? Or is the bad man who killed Kristen in jail? A year ago, my then three-year-old led me across a friend's yard to a flower pot saying, Kristen is buried here. Your Honor,
Please put Paul Flores away for the rest of his life. At the core of his being, he is an unapologetic sexual predator. At any point in the last 26 years, he could have done the right thing by confessing and returning Kristen's remains. Instead, he used the freedom that his parents afforded him after Kristen's murder and just kept on drugging and raping woman after woman after woman. Kristen's mother, Janice Smart.
I feel like there's very little I can add from having a family speak. And I apologize in advance, it's a little long. No need for an apology. Life can give you no greater pain than the death of your child. And I'm tormented by the thought of how she lost her life. Did she realize she was in mortal danger?
Did a sexual deviant think his needs were greater than the value of her life? Did she cry for help that never came? If Kristen had died from an accident or an illness, others would have been there to help. and care for her through kindness and compassion. Yet our beautiful and cherished daughter struggled alone, alone, in the presence of one of humanity's worst offerings.
This heartless and depraved person not only took her life, but instead of calling for help, he unceremoniously disposed of her and went about his day. Why is there no punishment? before kidnapping or hiding the body of another human being. There is no greater cruelty or pain than not knowing where your child is. And even worse is knowing that the perpetrator
and his callous family have the answer you so desperately want. I promise you I will work for the rest of my life to ensure that there will be retroactive enhancements. to all sentences for murder when the perpetrator also hides the body. Watching Paul Flores sit stone-faced and remorseless behind his mask, was emblematic of the hiding he has done for the last 26 plus years. Sitting in close proximity and watching Paul and his father banter like a day in the park while pointing to this or that.
each totally ignoring that the family behind them does not want to be in the courtroom either. We only wanted our daughter back. Killing another human being is an evil sin that has no equal. But torturing a family by continuing to withhold the location of their sister and daughter is a cruel and visceral pain that no one should ever have to bear.
It is clearly too late for us. But Paul, it is not too late for you to tell the truth, to free your soul and your heart from the weight it must be carrying. You are, after all, a human being. Please look within your heart and consider helping our family through this tragedy. It was one giant verbal heartbreak, one after another, just heartbreaking.
And sad, yet still hopeful, I think. And really, I mean, just a testament to never giving up. That's really what I took from all that. It was a living, breathing testament to a family. and a bunch of supporters and friends that just never gave up and still continue to work towards justice. Were there any standout moments in the victim impact statements that hit you? Kristen's friend.
That one hit me really hard for some reason. Really kind of hit me. Yeah, Patrick talking about putting his daughters in jujitsu. That one hit him. Because I've had the same thought. Following the victim impact statements, Judge O'Keefe spoke at length about her takeaways from the case, before finally sentencing Paul Flores. A beautiful young woman with big dreams and a bright future, with senselessly murdered. It is a tragedy that her family had to wait 26 years for justice.
It is a tragedy that you, Mr. Flores, continue to compound their heartbreak by not allowing them to bring Kristen home. I think it's important to acknowledge Kristen Smart. and to remember the extraordinary person that Kristen was and her lasting impact of her short but meaningful life that they had on those who were fortunate enough to know her.
I read the voluminous impact letters submitted by those who knew and loved Kristen. Through your words and memories, you have given me the great honor of getting to know Kristen as well. Kristen Smart was a bright, caring, and loving daughter, sister, and friend. She was an adventurous soul with dreams of traveling the world. Kristen always approached life through the lens of what was possible.
To her, every dream was within reach. Her family members remember Kristen as their Sunday morning omelet chef, a great big sister who cheers siblings on its food meats. gave them pep talks, made them desserts, and gave the best hugs. Kristen loved children and was a great babysitter. She loved the beach, water sports. aloha shirts and reggae music. But first and foremost, Kristen was a smart, loving, kind, and beautiful person. On May 25th, 1996,
Kristen's life was suddenly and violently extinguished. What began as a missing persons report turned into a decades long nightmare for Kristen Smart's family. And I don't think anyone can truly understand the nightmare that you have endured. Your love, strength, and tenacity has bound you as a family and has enabled you to endure the senseless tragedy.
This tragedy not only devastated the Smart family, it has impacted the communities of San Luis Obispo and Cal Poly. It has scarred the community. and the wounds caused to the community are still raw. I received numerous letters from those in those communities regarding the lasting effects that this tragedy has had on them.
A pervasive theme throughout these letters was the loss of innocence and the loss of a feeling of safety because of the knowledge that evil does exist in the world and the fear that if something happened, this close to home. How can they be safe? Nothing that I say can remove the almost three decades of loss, anger, frustration, and sadness.
that Kristen Smart's family and friends have endured. Kristen's murder has impacted every facet of their life and affected them profoundly. Sentencing does not generally bring closure. There is no closure in Kristen's family and friends who have suffered 26 years of pain and are still unable to properly lay their loquan to rest. Sentencing Paul Flores today does not mean not a holiday, birthday.
Wedding or other joyous occasion will go by without the pain of person not being there What the sentencing will provide is accountability Mr. Flores You have been a cancer to society. In May 1996 you maliciously murdered Kristen Smart. You took advantage of her while she was in a vulnerable state.
You volunteered to make sure she got home safely to her dormitory, only to take her life. For 25 years, she would live free in the community, while Kristen's family has lived a nightmare. Your continued predatory behavior... in the years that you were free, sexually assaulting women who were either drugged or intoxicated to the point where they could not consent. This predatory behavior has spanned your adult life.
It is necessary to remove you from society so that you can no longer prey on and victimize women. You deserve to spend every day you have left behind bars. The defendant is statutorily ineligible for probation pursuant to Penal Code Section 1203 and probation will be denied. You are committed to the Department of Corrections and Rehabilitation. I ask to count one.
a violation of penal code section 187A, murder in the first degree, to the maximum sentence that I can impose by law, an indeterminate term of 25 years to life. Pursuant to California Penal Code Section 290.006A, you are ordered to register as a sex offender for life. The court finds that the murder of Kristen Smart was for the purpose of sexual gratification.
sexual compulsion. The murder occurred during the commission of or attempted commission of a rape. The 1108 evidence presented in this case was that this was not an isolated incident. and that the defendant has sexually assaulted other women. Mr. Flores is remanded into the custody of the sheriff for the delivery to the Department of Corrections worthwhile. Thank you, ladies and gentlemen. Thank you.
Let me ask you about Judge O'Keefe's sentencing, because this was a particularly cathartic moment for me. How did you feel listening to her say those words to Paul? She had spent an amazing five months being... stoic and professional and kind of the prototypical perfect judge, calm, cool, and collected, willing to listen, willing to change her mind if needed. And when she's made a decision,
She lets everybody know that it's done. And what more can you ask for? You can't. Her level of emotion was cathartic for me as well. I think that's the best way of putting it. I thought the judge's statements were very powerful. That really hit me kind of in the gut too, you know. It was like an emotion that was a strong emotion.
I was impressed with the judge throughout the whole trial, but especially when she sentenced him. The utmost professional the entire time. In that way, because of her level of decorum and... you know, just professional affect and everything that she showed throughout that time, just being impartial, ruling as was appropriate, following the law and doing her job.
appropriately and correctly. It was different when she ended up making her final judgment, her statement. She appropriately described Paul Flores and the things that he's done. She hit the nail on the head. Paul was led out of the courtroom by a bailiff in handcuffs to begin serving his sentence of 25 years to life.
March 10, 2023, also had another important distinction. Detective Clint Cole, who had been the lead detective on the Kristen Smart case for over five years, returned to work after the verdicts in October. and quickly realized that he was depleted. After some deep thought and consideration, he decided it was time to retire from the San Luis Obispo Sheriff's Department. He just needed to pick a day.
I had filled out my pension trust paperwork. They asked for a date. Well, I wasn't sure. And super sweet lady, and she's like, hey, you still need to put a date. I said, well, I'm not real sure. I mean, how do you pick a date? And it just popped in my head. I put a lot of heart and soul into that case, as people like you have. And I just felt like that would be a fitting day to be my last day. March 10th.
The day Paul Flores gets sentenced will be my last day at work. That was an awesome day, you know, seeing him. When I watched him walk out of that courtroom, he's gone. I can move on. It just seemed like it was such a fitting day. It's just like it all fell together. When we walked out of the courthouse that afternoon, we still had a lot of questions.
For one, what does 25 years to life even mean? It was confusing for a lot of ordinary people, and as I learned, kind of hard to explain even for legal professionals. Basically, Paul Flores has been ordered to spend a minimum of 25 years, to a maximum of the rest of his life in prison. However, in the state of California, he'll become eligible for parole.
after only 15 years. The upside is that in August of 2037, a parole board will have access to the video files found on Paul's hard drive in 2020. As Judge O'Keefe said, Kristen Smart's rape and subsequent death were not an isolated incident. Paul Flores is a documented serial rapist and a future parole board. will have to determine that releasing him would no longer pose a risk to public safety. It is hard to predict the future, and it's hard to say what future legislation might do.
It's hard to say what parole boards might do, but my experience in parole hearings and parole boards is that they look for accountability and some insight into what they've done. And absent that, I would think that any parole board might be hard-pressed to entertain the possibility of parole for someone who has zero insight into what he's done, much less.
any sort of admission to what he's done. That's just kind of based on my experience having sat through parole hearings before, but there's really no telling. You know, I hope at the end of the day that... Paul Flores will have to serve the sentence that's been handed down to him, which I think is 100% appropriate and is deserved. Paul is currently being held at North Kern State Prison.
in Delano, California, from which he'll likely be transferred to a more permanent home sometime this summer, potentially San Quentin or Pelican Bay, according to corrections officers I've spoken with. And while partial justice has now been served for Kristen Smart, in some ways, it still feels like a hollow victory. All of the evidence indicates that Paul Flores was not the only person involved.
in disposing of Kristen's remains. And Kristen is still out there somewhere. While I shared previously that Paul's first attorney, Mel Delamont, was involved in a years-long negotiation with both the district attorney's office and the Smart Family civil attorney. Documentation of those negotiations finally surfaced in unsealed affidavits. In 2022. Dated May 2nd, 2010. A note taken from a meeting with then-District Attorney Gerald Shea quotes Delamotte verbatim. I just want to say one thing.
End quote. End quote. End quote. If Paul can't produce Kristen's body, then no plea deal can happen. If Paul has no knowledge of when and where Kristen died, then he couldn't ever produce a body. And yet… Delamont says in 2010 he'll take law enforcement to the body. When that portion was unsealed in 2022, Delamont told San Luis Obispo Tribune reporter Chloe Jones,
that the quote attributed to him was a total lie, insisting that he retired in 2001 and walked away from law entirely. Quote, When I retired, I retired. I didn't practice law at all. Whether he was still practicing and officially representing Paul Flores or not, Delamont returned to the negotiations on several occasions. Smart family attorney Jim Murphy's office kept records of several phone calls and lunch meetings with Delamont to discuss a plea deal for Paul.
All two years after he says he didn't practice law at all. And others told me they discussed it with him as recently as 2009. prior to that documented meeting with the DA's office in 2010. Delamont's denial last year doesn't hold a lot of weight with the team that prosecuted Paul either. He has no choice but to say that.
He has no choice. Even though he's not practicing any further, I'm not going to call him a liar, but it happened. As I think was publicly reported, our files indicate there were several... plea negotiations going back into the late 90s and early 2000s. Those...
Conversations happen all the time in general amongst prosecutors and defense attorneys when there's a good relationship. Say, hey, can we work this out? What's something that we could do? That's kind of a core function that has to happen in the system. be able to talk candidly. So I believed him. Let me put it that way. One of the things that was offering was Kristen's body. Was that on the table? Yes.
So what happens now? Paul is in prison. Reuben is not. Susan and her boyfriend Mike have never been charged. Susan and Irma Linda both refuse to testify. or even sit in the courthouse during the trial. Delamont says he never said Paul could lead authorities to Kristen's body, even though a paper trail says he did. Somebody knows.
What happened to Kristen's body? So what steps are being taken to find her? I can tell you confidently that searches for Kristen Smart are ongoing. You've probably read about some in the news. And you know at least a few places that still need to be covered. And in addition to that, there are several uncharged rapes in Los Angeles County, and a backyard in San Pedro.
that has never been searched with human remains detection dogs or ground-penetrating radar. The Los Angeles County District Attorney's Office told the Slow Tribune this past January, that they have no intention of charging Paul with any of the rapes, homemade rape videos, or child sexual assault material found on Paul's computer in 2020.
retired on March 10th. And in January, Deputy District Attorney Chris Pavrell left San Luis Obispo to take a new position as the Assistant District Attorney of Monterey County. So, is this the end of the investigation? What's next? Well, one, I know you're still working on it. Two, the detective that took my spot is going to assist in any leads. Sheriff Parkinson has devoted that this case will continue to be followed up on with L.A. Jeez, that's a good question.
I don't have a lot of faith that they're going to do anything. I'm not afraid to say that we submitted everything we know to them. We've given them everything they need. I hope the smarts continue to push that. because if we could get them to work these a little bit harder and get a couple, it would keep him in jail longer. And then your hard work, I know you're going to keep working it as well.
And, you know, it's a difficult situation because one family knows. They've kept a horrific secret for all these years, and it's just not right. The sheriff's department is in charge of the investigation at this point to find Kristen. But I will do whatever they ask me to do. And I know the district attorney's office in San Luis would feel the same.
I have thought about where Kristen might be every single day since I've been assigned the case, as I'm sure you have from every single day that you've started to do the podcast. If they put her under their deck, they put her in a place under their purview, under their control.
I would suspect that they do something similar. So she is in a place that they are familiar with, that may not be under their control, given the level of surveillance they thought they were under, but that they could easily access if needed. As far as Los Angeles, you know, I tried to prosecute those rapes and I was denied the motion to amend and add them to the San Luis Obispo case.
I did everything I could for those victims' voices to be heard. And there's nothing else I can do. It's an aggravating situation and practically the same reason I started this podcast in the first place. As a regular citizen in 2018, I had no idea what the holdup was. Whether it was apathy, laziness, or some big conspiracy in San Luis Obispo County.
I was relieved to learn that the sheriff's detectives were just ordinary people who had hit a number of dead ends because of early mistakes and needed to find a new way to move forward. And once they did, dozens of people jumped into action, many who will never be publicly recognized for their efforts. A lot of hard work by a lot of people that are behind the scenes in the DA's office, the sheriff's office.
I'm the one here getting the interview, but there were 15 or 20 detectives helping me at various times and writing search warrants, manning the wire room. A lot of people behind the scenes also helped make this successful, and I think it's fair that they're thanked and mentioned as well. So there's work to be done in Los Angeles County.
And still in San Luis Obispo. And at Cal Poly. But until that work produces something worth reporting on, I'll be moving quietly in the background for a while. Doing whatever I can to help. I'm still unpacking the events of the last several years and how we got to this point. And so far, it's been a little difficult. But luckily, I'm not alone.
After a few years of being zoomed into the microscopic details, a lot of us are just finally starting to zoom out again to assess the impact of what took place. I think this case is probably very unique just because you're from the community and the community just cared so deeply about this case. I just don't think you could ever replicate what happened, what we did here.
in any other case i mean maybe but just a confluence events that brought everything together the last few years did what you saw in this trial or what you saw from paul flores has it changed the way that you view the world Yes for good and for bad. You know, the bad, you can almost never let your guard down. Because I think it's more common. Based on my experience in this case, I know it's more common than...
we think, or then is reported by a substantial factor. So, you know, if I was 19, I would never get to take a drink from anybody. I would cover my drink. I've seen products on the internet where you cover your drink if you're at a social function. It's changed how I'm going to send my kids to college. And if I ever speak at colleges, how I speak to them. And in a way that I just didn't understand before the case. To really truly understand the depth of how pervasive this is. But the good.
You know, people like you, who stand up for what's right. For no other reason just than it's right. You know, the team at the DA's office and the Sheriff's Department. moved away from their families for five months to do this? Because it was the right thing to do. And the community in San Luis Obispo and your community, people still...
You know, stop and tell me thank you. It means a lot. And it's, you know, the good is people do care and people will come together when it's for the right thing. The good in the world is there. And this case really showed it for me, if that makes sense. You've been listening to People vs. Flores, a special bonus series of the Your Own Backyard podcast. For more updates, go to yourownbackyardpodcast.com. Scroll to the bottom of the homepage for links to our Twitter, Instagram, or Facebook.