SAN LUIS OBISPO, Calif. - Newly released court documents reveal how prosecutors believe Kristin Smart's remains were hidden and removed when police began to zero in on suspect Paul Flores.
NewsChannel 3-12 obtained newly unsealed documents in the case against Paul and Ruben Flores. The documents show how prosecutors will try to prove Paul killed Kristin Smart when they were Cal Poly students in 1996, and how his father, Ruben, allegedly helped cover it up.
Prosecutors will try to prove that the remains of Kristin Smart were buried under the Arroyo Grande home of Ruben Flores under a deck in the back of the property.
Five days after the home was searched on February 4, 2020 a neighbor said they saw Paul's mother, Susan Flores and her boyfriend, Mike McConville pull a trailer into Ruben Flores' backyard near the deck. Similar claims were made earlier this year in a civil suit filed by the Smart family.
A long-time renter at the home on White Court said the space underneath the deck was always locked. The renter alleged that Ruben Flores at one point hired a plumber who needed to access the space beneath the deck for repairs. Ruben Flores dismissed the plumber and opted to fix the issue himself, the renter claims. The renter described the covered location underneath the deck as the "perfect place" to dispose of something.
Authorities returned to search the entire property on March 15. An archaeologist used ground penetrating radar under the deck. The documents say the data showed a large 4-by-6- foot anomaly, described by experts as a "major disturbance."
Prosecutors argue this is the exact scenario in which a person would dig the hole, put in the body, re-excavate the hole to remove the body, then fill it back in once the body has been moved.
The document states samples tested positive for human blood, but tests cannot rule out that it may have been primate or ferret blood.
A soil expert found fibers of various colors, according to the documents.
Smart's body has not been found. Although it is rare for the San Luis Obispo County District Attorney's Office to prosecute a murder charge without a body, the office has successfully prosecuted similar cases in the past.
In addition to these new claims, the documents reveal more details about claims made during Wednesday's motions hearing in which prosecutors unsuccessfully argued for amending charges against Paul Flores to include two rape charges in Los Angeles County.
During Wednesday's hearing, prosecutors said investigators had uncovered homemade videos on a hard drive owned by Paul Flores in which he appeared to be having intercourse with women who were appeared to be slipping "in and out of consciousness." The folder in which the videos were found was titled "Practice," the documents state.
Flores is also alleged to have searched online for rape-related fetish videos. Drugs often used in the commission of date rape were also recovered from Paul Flores' home.
Flores has already been formally charged with the murder of Kristin Smart. Flores is alleged to have killed the Cal Poly freshman during an attempted rape in his dorm room.
His father has been charged as an accessory to the crime. Both men have pleaded not guilty to the charges.
Paul Flores remains in custody during the trial. Ruben Flores was released on bail back in April.
Both men are due back in court for a preliminary hearing on Aug. 2.
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