August 14, 2022

On the second day of a preliminary hearing for four people accused of participating in a hate crime, prosecutors questioned witnesses. The hearing is set to determine if there is enough evidence to proceed with trial.

The preliminary hearing cancelled is a news article that talks about the four witnesses being questioned during day two of the preliminary hearing.

Prior to Smart’s disappearance, one witness claims to have seen Paul Flores at Smart’s dorm.

Camille DeVaul and Melissa Guerra are the authors of this piece.

SAN LUIS OBISPO — The preliminary hearing for Paul and Ruben Flores continues on Tuesday, Aug. 3.

We’re going to get through this together, Atascadero

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The day’s hearing started on schedule, with Paul Flores’ attorney, Robert Sanger, raising concerns about the increasing number of COVID cases in the San Luis Obispo County prison.

Sanger was worried about his client, claiming that Paul (44) could be jeopardized in court.

At least two witnesses called for the court, according to Deputy District Attorney Chris Peuvrelle, would not testify due to potential COVID-19 exposure. Sanger recommended that the court consider making adjustments to ensure that everyone is protected.

The hearing will go on as planned, but everyone in front of the bar will wear maks except while speaking to the court, according to Honorable Judge Van Rooyen.

Steven

Steven, a former Cal Poly student and resident of the Glen Muir dormitories where Kristin Smart was last seen, was the first witness brought to the stand by the prosecution.

Peurvelle was founded. Steven attended Cal Poly from 1995 to 2000, and in 1996, he resided on the third floor of Muir Hall. Kristin occupied room 120 on the first level of Muir Hall.

Steven is now a retired Berkley police officer with a lot of experience.

  • Deputy District Attorney Chris Peuvrelle of San Luis Obispo County asks a witness question at the preliminary hearing for Paul and Ruben Flores. The date is Tuesday, August 3, 2021. (POOL – David Middlecamp/San Luis Obispo Tribune)” data-medium-file=” day-2-flores-prelim1394.jpg?fit=300% 2C200&ssl=1 https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1394.jpg?fit=300% 2C200&ssl=1 data-large-file=” data-large-file=” data-large-file=” data-large day-2-flores-prelim1394.jpg?fit=1024 percent 2C682&ssl=1 https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1394.jpg?fit=1024 percent 2C682&ssl=1 ” width=”1024″ height=”682″ src=”” width=”1024″ height=”682″ src=”” width=”1024″ height=” day-2-flores-prelim1394.jpg?resize=1024 percent 2C682&ssl=1 https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1394.jpg?resize=1024 percent 2C682&ssl=1 data-full-url=”” alt=”” data-id=”35100″ data-full-url=”” alt=”” data-id=”35100″ data-full-url=” https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1394.jpg data-link=””> https://atascaderonews.com/?attachment id=35100 data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dim data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1394.jpg?resize=1024 percent 2C682&is-pending-load=1#038;ssl=1″ /> https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1394.jpg?resize=1024 percent 2C Deputy District Attorney Chris Peuvrelle of San Luis Obispo County asks a witness question at the preliminary hearing for Paul and Ruben Flores. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo)
  • On the second day of his preliminary hearing, Paul Flores. On suspicion of the murder of Cal Poly student Kristin Smart, he was arrested in San Pedro and brought into the San Luis Obispo County Jail. The date is Tuesday, August 3, 2021. data-medium-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?fit=300 percent 2C169&ssl=1″ data-medium-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?fit=300 percent 2C169&ssl ” data-large-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?fit=1024 percent 2C576&ssl=1″ data-large-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?fit=1024 percent 2C576& ” width=”1024″ height=”576″ src=”” width=”1024″ height=”576″ src=”” width=”1024″ height=” day-2-flores-prelim1392.jpg?resize=1024 percent 2C576&ssl=1 https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?resize=1024 percent 2C576&ssl=1 data-full-url=”https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg” data-link=”https://atascaderonews.com/?attachment id=35098″ alt=”” data-id=”35098″ data-link=”https://atascaderonews.com/?attachment id=35098″ data-link=”https://atascaderonews.com/ data-recalc-dims=================== data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?resize=1024 percent 2C576&is-pending-load=1#038;ssl=1″ /> https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1392.jpg?resize=1024 percent 2C576 On the second day of his preliminary hearing, Paul Flores. On suspicion of the murder of Cal Poly student Kristin Smart, he was arrested in San Pedro and brought into the San Luis Obispo County Jail. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo)

After remarking on Kristin’s height and asking whether she played basketball, Steven claimed the two became friends. Steven was a member of the Cal Poly basketball team at the time and admitted to having a big ego.

Steven and Kristin’s dorm room was identified by Peurvelle from a collection of Muir Hall photographs.

Steven then recognized Paul Flores in the courtroom and testified that he saw him at Muir Hall twice—once on Kristin’s level and again on the second-floor, both times appearing “creepy and strange.”

Then Steven said that he once spotted Paul in Kristin’s dorm room, and that she seemed uneasy and anxious.

Sanger objected on numerous occasions, saying that Steven was constructing a story rather than addressing questions. Judge van Rooyen upheld his objections on numerous occasions.

Sanger questioned Steven whether the FBI interviewed him in 1999 during his cross-examination. “Yes,” Steven said. Sanger then inquired whether Steven had informed authorities about his findings prior to the interview, to which Steven replied, “No.”

Sanger inquired whether Steven was aware that he was the only one who had seen Paul Flores communicate with Kristin outside of the Crandall Way party. Steven said that he was unsure.

Steven’s recall seemed to deteriorate as Sanger’s questioning progressed.

The San Luis Obispo County Sheriff’s Office questioned Steven last month. According to Sanger, Steven often referred to Paul as “scary,” and he couldn’t be certain Paul was the one he saw in Kristin’s dorm room in 1996.

Steven then said that he couldn’t remember any inquiries about Kristin’s personal connections, whether she had a nickname, wanted to model, or knew about Crandall Way and the party there.

Ruben Flores’ attorney, Harold Mesick, questioned Steven. When he spotted Paul in Kristin’s dorm, he questioned Steven whether he instructed him to leave. Steven responded that he had just passed by and regretted not entering, and that he now felt partly guilty.

  • Right is Harold Mesick, an attorney for Ruben Flores, who is accused of being an accessory to murder in the May 1996 disappearance of Cal Poly student Kristin Smart. The date is Tuesday, August 3, 2021. (POOL – David Middlecamp/San Luis Obispo Tribune) ” data-medium-file=”https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg?fit=300% 2C200&ssl=1″ data-medium-file=”https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg?fit=300% 2C200 data-large-file=” data-large-file=” data-large-file=” data-large day-2-flores-prelim1395.jpg?fit=1024 percent 2C682&ssl=1 https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg?fit=1024 percent 2C682&ssl=1 ” width=”1024″ height=”682″ src=”” width=”1024″ height=”682″ src=”” width=”1024″ height=” day-2-flores-prelim1395.jpg?resize=1024 percent 2C682&ssl=1 https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg?resize=1024 percent 2C682&ssl=1 data-full-url=”” alt=”” data-id=”35101″ data-full-url=”” alt=”” data-id=”35101″ data-full-url=” https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg data-link=””> data-recalc-dims=https://atascaderonews.com/?attachment id=35101″ class=”wp-image-35101 jetpack-lazy-image” data-recalc-dims=https://atascaderonews.com/?attachment id=35101″ data-recalc-dims=https://atascaderonews.com/?attach data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg?resize=1024 percent 2C682&is-pending-load=1#038;ssl=1″ /> https://i0.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1395.jpg?resize=1024 percent Right is Harold Mesick, an attorney for Ruben Flores, who is accused of being an accessory to murder in the May 1996 disappearance of Cal Poly student Kristin Smart. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo)
  • Ruben Flores, left, and Harold Mesick, his attorney, testify during a preliminary hearing in the case of Cal Poly student Kristin Smart’s disappearance in May 1996. The date is Tuesday, August 3, 2021. (POOL – David Middlecamp/San Luis Obispo Tribune) ” data-medium-file=”https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?fit=266 percent 2C300&ssl=1″ data-medium-file=”https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?fit=266 percent 2C300 ” data-large-file=”https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?fit=909 percent 2C1024&ssl=1″ data-large-file=”https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?fit=909 percent 2C10 ” width=”909″ height=”1024″ src=”” width=”909″ height=”1024″ src=”” width=”909″ height day-2-flores-prelim1390.jpg?resize=909 percent 2C1024&ssl=1 https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?resize=909 percent 2C1024&ssl=1 data-full-url=”https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg” alt=”” data-id=”35096″ data-full-url=”https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg” data-link=””> https://atascaderonews.com/?attachment id=35096 data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dim data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?resize=909 percent 2C1024&is-pending-load=1#038;ssl=1″ /> https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1390.jpg?resize=909 percent 2C Ruben Flores, left, and Harold Mesick, his attorney, testify during a preliminary hearing in the case of Cal Poly student Kristin Smart’s disappearance in May 1996. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo)

Sanger interrogates Steven once again. He claims that he had developed an opinion on Paul when Steven labeled him a “creep” in his 2021 interview.

“All right?” Steven asked. The United States of America.” “This is also a court where my client is charged of murder,” Sanger replied.

Peurvelle reroutes the conversation and asks Steven whether he is certain it was Paul Flores he saw in Kristin’s dorm room. Sanger’s objection was rejected by the Judge, who stated that the question was leading.

Steven said that the person he saw in the dorm room was Paul.

Matt

After lunch, a new witness, Matt, a former Cal Poly student, was brought to the stand.

Matt was staying in the Sierra Madre dormitories on May 24, 1996, and he attended the party at 135 Crandall Way that night, according to Peurvelle. He and his roommate Ross arrived at the party about 9 p.m. They remained till about 12 a.m.

Even though she identified herself as “Roxy,” Matt verified it was Kristin who approached him early that night. He claimed Kristin seemed to have had a few drinks but was not stumbling or slurring.

Kristin inquired whether Matt’s roommate Ross thought she was beautiful, and then inquired if he thought she was attractive. “Yes,” Matt responded.

Soon later, Matt recognized Paul as the guy who approached him and inquired whether Kristin and Ross were dating and if he knew anything about it. Paul expressed an interest in Kristin, but Matt isn’t sure what terminology he used.

Matt discovered Kristin sleeping on the grass when he left the party at midnight. She ordered them to go when he informed her she couldn’t remain. Kristin looked much more inebriated than when Matt initially arrived at the gathering, according to Matt.

Sanger then started questioning Matt. He acknowledged that he had talked with officials two or three times for Sanger. He met with the district attorney lately, but refused to meet with the defense’s private investigator, citing a “personal choice.”

Sanger then inquired as to whether Matt remembered seeing Scott Peterson at the Crandell Way party. Matt verified that he did not see him in prison when he inquired whether he meant the one in jail.

Cheryl

Cheryl was the second witness to take the stand. In 1996, she revealed that she too resided in the Sierra Madre dormitories. Cheryl said that she only had 3-4 beers in a 4-5 hour period that night.

Cheryl claimed she left the party at 1 a.m. with a buddy to go home.

Sanger protested when Peurvelle asked Cheryl whether she remembered Paul from the party, and Judge van Rooyen upheld her objection.

Cheryl acknowledged seeing Paul at the party and recognized him in the courtroom. She cannot confirm, however, if she interacted with him during the gathering.

Cheryl claimed Tim volunteered to escort her home after the party ended at 1 a.m. Tim eventually located Kristin, but she was unaware of the encounter.

Tim, Cheryl, and Kristin were on their way home when Paul approached them and offered to accompany her home. Tim eventually quit the organization. Cheryl was unable to remember the precise circumstances of her walk home and had to have her memory refreshed by having her initial statement played out to her.

Paul approached Cheryl for a kiss before leaving Kristin with Paul at the intersection of Grand and Perimeter, but she refused.

Cheryl then begged Paul to take Kristin home with him. “Yes,” Paul said.

Paul putting his arm around Kristin’s waist, according to Cheryl’s final memory. She said, “I didn’t believe anything terrible would happen to her.”

During Sanger’s cross-examination, Cheryl was questioned whether she had ever seen any programs concerning Kristin and Paul. Cheryl confirmed that she had seen a few of them. Cheryl, on the other hand, claimed she had not talked with Chris Lambert but had listened to the podcast.

  • Paul Flores dons a fresh N95 mask. He is on trial for the murder of Cal Poly student Kristin Smart during a preliminary hearing. At right is Robert Sanger, one of his attorneys. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo) ” data-medium-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?fit=300% 2C169&ssl=1″ data-medium-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?fit=300% 2C169& ” data-large-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?fit=1024 percent 2C576&ssl=1″ data-large-file=”https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?fit=1024 percent 2C5 ” width=”1024″ height=”576″ src=”” width=”1024″ height=”576″ src=”” width=”1024″ height=” day-2-flores-prelim1388.jpg?resize=1024 percent 2C576&ssl=1 https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?resize=1024 percent 2C576&ssl=1 data-id=”35094″ alt=”” alt=”” data-id=”35094″ data-id=”35094 ” data-link=”https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg” data-full-url=”https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg” data-full-url=”https://atascaderonews.com/w data-recalc-dims=https://atascaderonews.com/?attachment id=35094″ class=”wp-image-35094 jetpack-lazy-image” data-recalc-dims=https://atascaderonews.com/?attachment id=35094″ data-recalc-dims=https://atascaderonews.com/?attach data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?resize=1024 percent 2C576&is-pending-load=1#038;ssl=1″ /> https://i1.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1388.jpg?resize=1024 percent 2C Paul Flores dons a fresh N95 mask. He is on trial for the murder of Cal Poly student Kristin Smart during a preliminary hearing. At right is Robert Sanger, one of his attorneys. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo)
  • Paul Flores is represented by Robert Sanger. Flores is charged with murder in the May 1996 disappearance of Cal Poly student Kristin Smart. The date is Tuesday, August 3, 2021. (POOL – David Middlecamp/San Luis Obispo Tribune)” data-medium-file=” day-2-flores-prelim1389.jpg?fit=300% 2C240&ssl=1 https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1389.jpg?fit=300% 2C240&ssl=1 data-large-file=” data-large-file=” data-large-file=” data-large day-2-flores-prelim1389.jpg?fit=1024 percent 2C819&ssl=1 https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1389.jpg?fit=1024 percent 2C819&ssl=1 ” width=”1024″ height=”819″ src=”” width=”1024″ height=”819″ src=”” width=”1024″ height=” day-2-flores-prelim1389.jpg?resize=1024 percent 2C819&ssl=1 https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1389.jpg?resize=1024 percent 2C819&ssl=1 data-full-url=”” alt=”” data-id=”35095″ data-full-url=”” alt=”” data-id=”35095″ data-full-url=” https://atascaderonews.com/wp-content/uploads/day-2-flores-prelim1389.jpg data-link=””> https://atascaderonews.com/?attachment id=35095 data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dims= data-recalc-dim data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy- data-lazy-src=”1″ data-lazy- data-lazy day-2-flores-prelim1389.jpg?resize=1024 percent 2C819&is-pending https://i2.wp.com/atascaderonews.com/wp-content/uploads/day-2-flores-prelim1389.jpg?resize=1024 percent 2C819&is-pending ssl=1″ /> -load=1#038;ssl=1″ /> Paul Flores is represented by Robert Sanger. Flores is charged with murder in the May 1996 disappearance of Cal Poly student Kristin Smart. The date is Tuesday, August 3, 2021. (The Tribune/David Middlecamp/POOL) (of San Luis Obispo)

Sanger inquired as to whether Mahan had ever spoken to her. Cheryl said Mahan knocked on her door, but she did not answer it because her boyfriend answered it.

Cheryl told Detective Stewart in a 1997 interview that she did not see any improper contact by Paul.

Sanger then debated with Cheryl about whether or not she should ask Paul to return Kristin to her dorm or dorm room.

Later, the San Luis Obispo Sheriff’s Office’s Detective Clinton Cole was interrogated. Cole has 26 years of experience as a sworn police officer.

Cole verified for Peurvelle that he got a booking negative of Paul from Smart’s attorney, James Murphy, since the police department didn’t have one. He testified about the steps he took to get a copy of the photograph, which has yet to be entered into evidence.

Sanger is opposed to the picture being used as evidence. The evidence will be reviewed by Judge van Rooyen, who will return to the topic during the hearing on Wednesday, August 4.

To safeguard their identities, the names of all witnesses cited will only be referred by their first names, as per court instructions.

As an example:

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The how many times can a preliminary hearing be continued is a question that has been asked before. During the second day of the prelim, four witnesses were questioned.

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