Meanwhile, the hearing is scheduled to conclude on Friday, when the judge will rule if prosecutors have probable cause to go to trial. James Murphy: And it's 2:30 and 3 o'clock in the morning at Cal Poly this is not a a location from which Paul alone could easily move a body without a vehicle. Cole testified that Hudson told him about Paul's statement and that she'd also seen Paul with his white pickup truck at the skateboard ramp in Huasna. PODCAST EPISODE 1: Kristin broke down begging her mother to let her drop out and go somewhere else. Chris Lambert: I wish I knew why. Chris Lambert: The only thing he would confirm on tape is that his name is Paul Flores. They're known for being a really safe school.". Another frustration for the Smarts: at the time Kristin disappeared, investigators weren't aware that Paul Flores's parents were separated and living apart. PAUL FLORES: On the advice of my attorney, I refuse to answer that question based on the fifth amendment of the United States Constitution. And so, she pulled me into this sort of like, "oh come on, let's socialize. During Tuesdays hearing, San Luis Obispo County Sheriffs Detective Clint Cole testified about a conversation he had with Ruben Flores at his Arroyo Grande home when Cole was there to obtain a DNA swab. He'd go through tunnels, under bridges, looking for his daughter and expecting best case scenario. Four months after that futile search, Paul Flores was brought before a grand jury. James Murphy: He lied to the police about everything. JAMES MURPHY: Would you state your full name for the record please. Ms. Smarts family said they had faith in the justice system, comforted in the knowledge that Kristin has been held in the hearts of so many and that she has not been forgotten.. But one of those friends told police Flores already had the black eye when he arrived. Jonathan Vigliotti: And that phone call never comes. Chris Lambert: And that's when they're told that earring has been misplaced. Book Author Jenn is a lawyer-turned-author and true crime writer. When Kristin Smart disappeared, Paul Flores's parents Susan and Ruben were separated and living apart. He'd go anywhere. That warrant allowed them to dig up the backyard, but deputies chose not to excavate. Margarita Campos: I was, like, "Kristin, I'm going to go back home. Smarts family issues a statement following the news about Flores going to trial: Yesterday was a very good day and we want to take this opportunity to thank all of Kristins supporters in San Luis Obispo and beyond. He discussed some of the evidence that was collected during searches of the property, including anomalies in the backyard and a 4-foot deep hole under the deck containing fibers and human blood. Maybe we cant. On Tuesday, Cole testified that Ruben clarified that he meant he was the only one of the three who had been arrested. About 45 minutes after Kristen got off of work on the day she vanished, she was seen on the 2nd f. She withdrew money from the bank, a surveillance camera capturing what are . Alex Murdaugh sentenced to life in prison for murders of wife and son, Biden had cancerous skin lesion removed last month, doctor says, White supremacist and Holocaust denier Nick Fuentes kicked out of CPAC, Tom Sizemore, actor known for "Saving Private Ryan" and "Heat," dies at 61, Biden team readies new advisory panel ahead of expected reelection bid, At least 10 dead after winter storm slams South, Midwest, House Democrats unhappy with White House handling of D.C.'s new criminal code. His father, Ruben, is charged as an accessory. Denise Pearce: The investigation was completely botched by the campus police. In fact, Cheryl Anderson, who trusted Flores to walk Kristin back to her dorm alone, told police that her friends called him "Chester the molester," because he was known for groping girls. Kristen Deborah Modafferi (born June 1, 1979; disappeared June 23, 1997) is an American woman who, in the early summer of 1997, disappeared in mysterious circumstances after leaving her work at the Crocker Galleria Mall in San Francisco, California. A college student at North Carolina State University, ABC 7 writes that Modafferi had received a scholarship to work and live in a different city for the summer. Other men cited by the defense either reportedly dated or pursued Smart. She was never seen again and her body has not been located. I did have guilt about that. Her parents, Denise and Stan were both educators who encouraged their kids' passions. Chris Lambert: Everything else, he took the Fifth Amendment. Get browser notifications for breaking news, live events, and exclusive reporting. were in the room exactly where she had left them. In the spring of 1996, Kristin Smart, a 19-year-old college student, left an off-campus party in San Luis Obispo, Calif., and walked home to her dormitory. Unsealed court documents in the Kristin Smart murder case include allegations of a discovery of human blood and witnesses who claim to have seen suspicious . Jonathan Vigliotti: Is this a case that takes a miracle to solve? Kristin did not have a purse, money, her I.D. She was gone. It also expounds on several other alleged rapes as well as unwanted sexual advances. And these girls are inviting us out. In March 2021, investigators used cadaver dogs and ground-penetrating radar to search Ruben Floress property in Arroyo Grande, Calif. Paul Flores was taken into custody at his home in the San Pedro section of Los Angeles on April 13, 2021, and was charged with murder. Anyone can read what you share. "48 Hours" looks back to their arrests and how the saga began. The two men made their first courtroom appearance on July 14 in San Luis Obispo Superior Court, where Judge Craig B. van Rooyen denied the district attorneys motion to add two rape charges against Paul Flores, The Tribune of San Luis Obispo reported. The Smart family filed a $40 million wrongful death lawsuit against Paul Flores in 1997, but he was not immediately charged criminally in the case. So, when they were invited to a party that Friday night, Kristin was excited to go. It wasn't until Kristin's roommate returned to their dorm room, that Margarita realized Kristin never came home. "Up and Vanished" led a man to confess to killing a . Friday, May 24, 1996, was the start of the Memorial Day weekend. Even worse they never sealed his dorm room. to find the next challenge. Kristen Modafferi, Kristin Smart & Kent Jacobs. every piece of evidence points directly at Paul Flores. Just days after she disappeared, an incident report seemed to imply that Kristin's behavior contributed to her disappearance. A separate jury for Ruben Flores started deliberating on Oct. 5. Flores wasn't talking. Det. That's been our goal. And yes, we did find physical evidence at, at least two homes. . Cole said this was done so Lambert would include the information in his podcast during the time of the wiretap. And she's like, "please come with me. Some of those women who did not want their real names used told Lambert about their encounters with him. James Murphy: Every day. Authorities also uncovered fibers consistent with the color clothing Smart was last seen wearing. And I was screaming. On July 21, Kristin Smarts parents and her brother, Matt, testified about how they had searched for her after her disappearance. Just very involved with their children. Like what may have been discovered in March 2021 when investigators searched Ruben Flores' house using cadaver dogs and ground penetrating radar. They went on trial in July 2022 in Monterey County, Calif. On Oct. 18, 2022, Paul Flores was found guilty of murdering Ms. Smart. The elder Flores is charged with accessory after the fact to the crime of murder for allegedly helping Paul conceal Smarts body. 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I knocked on her door, and I thought she was just sleeping, or she went out and about, you know? Nearly a week after their arrests, father and son both pleaded not guilty in San Luis Obispo County Superior Court. Flores defense team moves to recuse the San Luis Obispo County District Attorneys Office from the Smart case because prosecutor Peuvrelle and others have been seen wearing purple clothing, Smarts favorite color. We are now one step closer to justice for Kristin. most importantly they wanna find their daughter. He later told investigators that he walked her as far as his dorm, where they parted ways. Send us a tip using our anonymous form. Paul Flores is charged with the murder of Kristin Smart, who disappeared from Cal Poly in 1996. I didn't know how many people were gonna listen. Berkeley. Kristen was in her first year at Cal Poly when she vanished in 1996. Ruben's attorney, Harold Mesick, dismissed the evidence against his client as "so minimal as to shock the conscience.". Please enter valid email address to continue. Peterson may or may not have been at the party Smart disappeared after. Like the Smart's civil case, theirs also has been on hold. Don Kelsen/Los Angeles Times via Getty Images. Hudson previously testified during the preliminary hearing that while hanging out with a group of skateboarders in San Luis Obispo in 1996, she heard Paul Flores use a derogatory term to refer to Kristin Smart and say, "I'm done playing with her and I put her out underneath my ramp in Huasna.". Paul invoked the Fifth Amendment when the DAs office subpoenaed him to testify before a grand jury in 1996 and after the Smarts filed a $40 million wrongful-death lawsuit against him; during a 1997 deposition, he again pleaded the Fifth. There is no evidence of a murder and no evidence of a rape, Sanger added. From the start, investigators. Cole said he has the admission on a digital tape recording. Twenty-five years after Smart went missing, a prime suspect is charged with murder. Wednesday, Superior Court Judge Craig van Rooyen rules that having the podcaster testify and release his records would have a chilling effect on the medias ability to do their job. As they soon learned, she had ended up at a party at an off-campus house. October 22, 2022 / 10:10 PM He gets his arm around her torso and her arm around his neck, and he's helping her walk. The lawsuit claims they were moving Kristin's remains. James Murphy: Well, the location where all this activity occurred is where they found the biological material. Nic Coury / AP. The defense wants to suppress some of these searches, though, claiming that they were done illegally or without warrants. Jonathan Vigliotti: And that weighs on you. Any evidence that might have been there was long gone. Peuvrelle, who said Ruben Flores has helped cover up the crime for nearly a quarter-century, would continue to do so if freed. Like his black eye, seen faintly in a mug shot taken by the Arroyo Grande Police just by chance two days after Kristin vanished. The day after my sister disappeared, Paul Flores had a black eye and scratches on him. D.A. Paul Flores and defense attorney Robert Sanger in court on Wednesday, Sept. 1, 2021. Jonathan Vigliotti: There was a lot of evidence that could have been gathered, that wasn't. Kristen Modafferi, Kristin Smart & Kent Jacobs. D.A. That's when Denise Smart learned her daughter had not been seen all weekend, and all her belongings were still in her dorm room. Chris Lambert, who worked as a CBS News consultant, pieced together what he learned from people who were there that night. These charges mark a major milestone, Dow says in a statement. Oct. 18, 2022 In the spring of 1996, Kristin Smart, a 19-year-old college student, left an off-campus party in San Luis Obispo, Calif., and walked home to her dormitory. By herself, which is pretty amazing. Jonathan Vigliotti [with Lambert outside of the the dorms]: Paul and Kristin then make their way here. In the late 1990s, the. Chris Lambert: It's hard to take too much credit But I was one piece of the puzzle that helped to make this all come together when it did. The two are charged in connection with the death of Cal Poly freshman Kristin Smart. The sheriff's office seized the trailer and Det. To declare to the public if you stay quiet, you will get away with this. Also included is the result of a February 4th, 2020 search of Paul Flores San Pedro home, where San Luis Obispo County Sheriffs investigators seized electronic devices that featured videos showing Flores having sex with seemingly incapacitated women. I guess the answer is yes. Margarita Campos: they were, like, "are you sure she didn't go out of town?" James Murphy: The question for decades was "Well, where did the body go?". 1 of 47. But as Chris Lambert learned, campus police did not act right away. And there are more horrifying allegations about what may have happened to Kristin after she was last seen with Paul Flores. The mother is washing her car in the driveway at one point. Prosecutor Chris Peuvrelle asked him if he found the remains of any monkeys or ferrets or any human bodies on the property. First published on November 28, 2020 / 11:10 PM. PODCAST EPISODE 1: I googled Kristin Smart's name every few years. James Murphy and Garin Sinclair look at the billboard that has been in their front yard for more than two decades. Later, the sheriff's office obtained a warrant for Ruben's DNA and Det. The arrests of the father and son came after investigators using ground-penetrating radar and cadaver dogs discovered evidence connected directly to Smarts death last month during a search at Ruben Flores home, authorities said. The next morning, Margarita waited to hear from Kristin. so eventually he unlocked you know, the apartment door, and I left. He has denied any involvement. Devastating. PODCAST EPISODE 4: And he had like a butter knife and he like held it to my neck. Below, Rolling Stone outlines where the Smart case is now: San Luis Obispo District Attorney Dan Dow announces chargesagainst Paul Flores and his father Ruben in connection with what he calls the 1996 homicide of Cal Poly student Kristin Smart. Ms. Smart, who was from Stockton, Calif., was a freshman at California Polytechnic State University in San Luis Obispo. Podcaster Lambert will not be called to the stand during the Kristin Smart murder hearing. And my roommate actually kicked down the door to make him stop. But as Chris Lambert learned, Flores's pattern of behavior with women didn't stop. But remarkably, the same thing happened with three more dogs. In his complaint, Murphy alleges, along with Ruben, there were two other unnamed individuals. She left around 2 a.m. and was accompanied by Paul Flores, who was also a student at Cal Poly. Denise Pearce: Kristin hasn't come home And we're not sure where she is We don't know anything. It encouraged the previously reluctant to come forward. This obviously gave law enforcement new leads to follow and connect with what they already were holding close.. And I was like, "nah, I have to study." He said a backhoe had excavated a trench to dump soil that was removed to lay a nearby foundation. He built the home on White Court for Ruben and Susan Flores in 1991. Please come with me." JAMES MURPHY: Has your son ever told you that he did not kill Kristin Smart? Paul Flores pleads not guilty to the murder and attempted rape of Smart. JAMES MURPHY: Your husband have information as to where Kristin Smart's body is located? The judge rules that the DA cannot be disqualified for wearing purple clothing. Garin Sinclair: He never once turned to the Smart family and said, hey, we have an earring, we'd like to show it to you to see if it matches any of your daughter's jewelry. His father Ruben Flores charged with being an accessory after the factwas found not guilty. And here's your key." Cole said a search of it revealed "suspicious activity.". Specifically, that they had Paul's white Nissan pickup in their possession. The 19-year-old, who is also from Charlotte and a . But Paul Flores was never charged with any of these incidents. The prosecution upholds the validity of these searches, including one of Flores dorm room that was done after he moved out. Members of the San Luis Obispo County Sheriff's Department and FBI searched the grounds of Susan Flores's home in Arroyo Grande on June 19, 2000, for any evidence that might shed light on the disappearance of Cal Poly student Kristin Smart. Ms. Smarts acquaintances were interviewed. Let's go." PODCAST EPISODE 2: So, with Cheryl's account alone, we have an unsettling picture of Paul . And while they did not rush to investigate Flores, Kristin's family says campus police were very quick to judge her. In April, Paul Flores, 44, was arrested on one count of murder in connection to the case, and his father, Ruben Flores, 80, was arrested as an accessory after the fact. And Murphy and Sinclair believe they can prove it. Through the years, the Smarts have kept pressure on the Flores family. Kristen Modafferi: Onuma and the Briefcase. But a massive search did not happen until she'd been gone for more than a month. But every Sunday when she called her parents, they encouraged her to stick it out. The last person to see her alive,. Flores and his parents have always maintained that he had nothing to do with Smarts disappearance. He promised the Smarts that solving Kristin's case would be a priority. Cole also testified that the Flores family was wiretapped for 30 days starting on January 5, 2020. Mesick declined to comment Tuesday, citing the gag order. / CBS News, (This story previously aired on May 8, 2021. By the time they inspected Flores's room, Kristin had been gone for 16 days. PODCAST EPISODE 3 | MARY LASSITER: It was like a red thing and it was like a smudge-like fingerprinted look on the back, just red, like maroon, like old looking and the smudge that it was like half a fingerprint. Chris Lambert: They just have never given up and are never going to give up on their daughter. What happens next? As of 2021, Kristen Modafferi's case remains unsolved. Instead, on Monday, May 27, Denise Pearce says the Smarts got a call from Cal Poly's campus police asking if Kristin was with them. Whatever happened in those early hours, one thing is indisputable: Kristin Smart has never been seen again. James Murphy: Having a black eye doesn't make you guilty of anything but if the person you were with disappeared from the planet that's physical evidence. That's when the campus police finally handed the investigation over to The San Luis Obispo Sheriff's Office but they did not find Kristin. SHERIFF IAN PARKINSON [at press conference]: Forensic physical evidence was located. And according to that probation report, "dozens of women have recounted Paul Flores' sexual assaults and predatory behavior that document his 25 years as a serial rapist." In his mug shot, a black eye can faintly been seen. https://www.nytimes.com/article/kristin-smart-case-timeline.html. Um, wherever we can punch holes. Denise Smart, Kristins mother, has also praised the show. Nineteen-year-old Cal Poly student Kristin Smart went missing after a campus party 25 years ago, and, this summer, her case is finally getting its day in court. Paul Flores was charged with murder and Ruben Flores with being an accessory after the fact, accused of helping to bury her remains. His father was found not guilty of helping to hide her body. You, youre the one that can tell me, a reference to Lamberts Your Own Backyard, the podcast about Smart and Flores that has brought new attention to the case. Even though he'd never investigated anything before, Lambert quit his job to create a podcast about the case. On June 23, 1997, Kristen left the coffee shop where she worked, Spinelli's Coffee in San Francisco's Crocker Galleria. Greg Fisher and Michelle Fanucci are the development producers. 2020 CBS Interactive Inc. All Rights Reserved. It would be three more years before the property was searched again. He also said that law enforcement leaked information to "Your Own Backyard" podcaster Chris Lambert. Jonathan Vigliotti: What toll over time did this have on your parents? And might have connected Kristin to Susan Flores's house, says James Murphy. Witness Jennifer Hudson takes the stand, where she tells the court that, in 1996, when she was 17 years old, Flores laughingly told her he had taken care of Smart. And yes, we believe it's linked to Kristin. The defense also tells Lambert he will not be allowed back in the courtroom where he has been covering the hearing as he is now a potential witness. In October 2022, Paul Flores, the man long suspected in her disappearance, was found guilty of murder. Anyone would have been terrified if they heard it.. He invoked the Fifth Amendment 27 times. All of Kristin's personal belongings including her purse, her money, her I.D. Proof of the L.A. charges cant act as a substitute for the SLO case.. So now you've got three different stories about how he got that black eye. That technology uncovered a soil disturbance under the deck as well as four soil samples that tested positive for human blood; an April evacuation also tested positive for blood. San Luis Obispo Sheriff's Office personnel dig in an area in the backyard of the home of Ruben Flores, in Arroyo Grande, Calif., March 16, 2021. PAUL FLORES: On the advice of my attorney . Paul Flores and his father both pleaded not guilty to all charges at their arraignment. School was over, so campus police found an empty room that had been sanitized by the university's cleaning crew. Chris Lambert's podcast caught the attention of millions of listeners and sparked new interest in the decades-old unsolved case of Kristin Smart. How are we not all talking about this every day until shes found?, Editors picks to California to search for Kristen Modafferi. Murphy and his wife, Garin Sinclair, agreed to take the case pro bono promising to go after Paul Flores and put pressure on the sheriff's office. But 22 years later, when he couldn't find any recent stories about the case, he decided to do something. James Murphy: Paul Flores had a reputation amongst the girls that knew him at Cal Poly as being a creeper that he was always trying to hit on women. Margarita Campos: I'll never forget her shadow against the building, this apartment complex, just standing like kind of cross-armed with the long leg And she was just kind of like looking at me like, [sighs] you're really walking away now, like you're really, you're leaving? PODCAST EPISODE 2 | WOMAN #2: You wouldn't want to be alone in a room with him. James Murphy: It was just a sad phone call to have somebody say, our daughter disappeared and we think she's the victim of foul play and we'd like to pursue the guy that we think is responsible. She was looking forward to hearing from Kristin that Sunday. Jonathan Vigliotti: How significant was that? Clockwise from left, Kristin, Denise, Stan, Matt and Lindsey. Paul Flores, a fellow freshman at California Polytechnic State University in San Luis Obispo, was the last person seen with Smart on May 25, 1996. Jonathan Vigliotti: They thought she was off possibly having fun. The Kristin Smart disappearance: After 26 years, Paul Flores is convicted of murder. Related Stories Chris Lambert says, two days after that, when Flores was interviewed by campus police, they asked how he got his black eye as well as scratches on his hands and knees. They did an interview with the Cal Poly Mustang Daily and explained that they didn't think there was any evidence that a crime had taken place. Cole testified about why investigators believe a crime was committed at Ruben's property on White Court in Arroyo Grande. They didn't bring a forensics team. Helicopters were used to canvas the area. The jury hearing Paul Floress case began deliberations after closing arguments on Oct. 4. The search for Ms. Smart, who was nicknamed Roxy, took many forms. The evidentiary hearing is underway and witnesses are testifying in front of Superior Court Judge Craig van Rooyen about Flores interactions with Smart. I think they're just waiting to see what the outcome is going to be. Denise Pearce says that was a crushing blow for the Smart family. Margarita Campos: But when we got to the house it was pretty dead too, it was really -- it was like a couple of roommates hanging out playing video games And Kristin was, like oh gosh, there has to be something better than this. They took in soil, I assume, for some kind of analysis. "Should he be allowed bail, it is a virtual certainty that he would use his freedom to continue his attempts to help Paul Flores thwart prosecution in this case and continue to hide her remains.. PODCAST | EPISODE 1: At least once a day I asked myself what are you doing? suddenly major pieces of evidence came forward. Alicia Tejada is the field producer and Addison Briley is the associate producer. The authorities removed items from Paul Floress home in Los Angeles in February 2020. After almost 25 years of suspicion, on April 13, 2021, San Luis Obispo County Sheriff Ian Parkinson announced the arrest ofPaul Flores in the disappearance of Kristin Smart. The Smart's attorney James Murphy, and his wife and office manager Garin Sinclair, have had Kristin's billboard in their front yard since late 1997. Jonathan Vigliotti: You look at Kristin Smart every day. The two girls walked to an area off campus where there were fraternities, sororities and residential housing for students. The Smarts say they tried to file a missing person's report with the local police but were told it was too early, and the FBI told them Cal Poly police were in charge. After apparently becoming intoxicated, Smart headed back to her dorm with fellow partiers Tim Davis and Cheryl Anderson. Lindsey Smart Stewart: Right. Produced by Lisa Freed. In a civil lawsuit, the Smarts' attorney claims that Kristin's remains were buried at one time on Paul Flores' father's property. Attorney Harold Mesick said Monday that the evidence against the father was so minimal as to shock the conscience..