SAN LUIS OBISPO, Calif. — A judge ruled Wednesday the trial for the 1996 disappearance of Kristin Smart will be moved to another county.
"I just don't think this case is discussed around the dinner tables in other places the way it is in this county," Judge Craig van Rooyen said.
Paul Flores is accused of killing California Polytechnic State University, San Luis Obispo freshman, Kristin Smart. He faces charges of murder. Ruben Flores, Paul's father, has been charged with accessory after the fact.
Both men have pleaded not guilty. Smart's body has never been found.
In a remote court appearance over Zoom, Robert Sanger, representing Paul Flores, and Harold Mesick, representing Ruben Flores, both argued for a change of venue. Sanger cited multiple factors in favor of changing the location, including media coverage of the case and the size of San Luis Obispo County, among others.
"At this point, it's pretty much overwhelming and I think it's pretty clear it would be extremely dangerous to try to have a trial in this county and I think the reasonable likelihood — which is what we need to show — is that there would be an impairment to a fair trial," Sanger said.
Deputy District Attorney Crystal Seiler, arguing for the prosecution, said the defense did not come close to meeting the burden of proof required for a change of venue.
"Kristin Smart has become known but she is known because she is the victim of this case, and not for the reasons that have created any sort of factors that weigh in favor of a change of venue in a way that officers have become heroes when killed in the line of duty," Seiler said.
Ultimately Judge van Rooyen said media coverage weighs heavily in favor of a change of venue along with the saturation of publicity in the county. He added that the ripple effects in the community will be felt for a long time no matter the outcome at trial.
"I don't think either side would dispute that this is probably one of the most highly publicized, most highly covered cases in San Luis Obispo County's history due in part that it has been in the news for more than 25 years. So, we're not talking about a handful or even a few dozen articles. This case has been the focus of intense, local scrutiny and interest for decades and that interest only increased over time, it has not waned," van Rooyen said.
The trial date will remain set for April 25 for now, though moving a trial can often take months. A hearing is scheduled for April 4 to discuss a plan moving forward.
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