The man convicted of killing Cal Poly student Kristin Smart lost another bid to have his conviction overturned or reduced to second-degree murder.
A three-judge appellate panel on Oct. 24 released a decision on Paul Flores’ second appeal since he was found guilty of killing Smart, whose body has never been found. She was last seen on May 25, 1996, walking with Flores, a fellow first-year student, toward her dormitory on the San Luis Obispo campus after a party.
The arguments presented at a hearing this month raised six objections to the way the 2022 trial was conducted, leading with the judge’s refusal to dismiss a particular juror.
Flores’ attorneys said four incidents warranted the juror’s removal:
• She spoke privately to the judge about feeling “anxiety” and “tension” while listening to cross-examination, specifically citing the “aggressiveness” of the defense’s questioning.
• She started to cry during testimony about evidence of human decomposition at the home of Flores’ father, and she asked for a break in proceedings.
• She again requested a break during cross-examination by the defense that she said “felt a little aggressive.” She said she wanted to be sure she didn’t break down in the courtroom.
• The judge privately questioned the juror about social media activity that included information about testing soil pH, which was an issue in the case. The juror said the post predated her selection to the panel. Upon further questioning about whether she had information on the case from any outside source, she said she had friends who listened to the podcast “Your Own Backyard,” which focused on the Smart case, “but they know they cannot tell me anything.”
The appellate judges’ rejection of the argument about the juror pointed out that she had never given any indication she could not make an unbiased decision. “The record shows a credible and conscientious juror, concerned with doing the right thing for everyone involved including Flores,” the judgment said.
The judges also found no cause for reversal or reduction of the verdict in the appeal’s five other points:
• Admission of evidence of two uncharged rapes, in 2008 and 2011.
• Admission of testimony by a friend of Smart’s that he thought she seemed like she had been drugged during the party.
• The prosecutor’s reference in closing arguments to an image found on Flores’ computer of a woman with a ball gag in her mouth. Flores’ attorneys argued that the reference violated the conditions under which the image had been displayed in court.
• The determination of “substantial evidence of first-degree murder.”
• Instructions to the jury concerning attempted rape of an intoxicated person and a defendant’s voluntary intoxication.
The panel’s affirming of the lower court’s ruling means that Flores, now 49, will continue to serve his sentence of 25 years to life. He is currently at Corcoran State Prison, in Kings County.
The recent appeal of another high-profile California murder verdict also focused on a specific juror: In seeking a new trial, Scott Peterson’s attorneys said juror Richelle Nice “was biased against him from the start” as she heard testimony about his pregnant wife’s death. The request for a retrial was rejected.