UPDATE - The preliminary hearing for Paul and Ruben Flores continued Wednesday with Paul's attorney, Robert Sanger, filing a motion to disqualify the San Luis Obispo County District Attorney's Office from prosecuting the case.
Sanger claims the prosecution is biased because Deputy District Attorney Chris Peuvrelle has worn purple ties several times during the preliminary hearing.
The issue of the purple ties initially came up on Tuesday, when Sanger asked San Luis Obispo County Sheriff's Detective Clint Cole on cross-examination why he and Peuvrelle had been wearing purple ties to court. Cole said he'd seen a Facebook post mentioning that purple was Kristin Smart's favorite color.
In his motion, Sanger references several news reports that include images of what Peuvrelle has worn during the hearing.
He adds that the DA's investigator and Victim/Witness Coordinator for the DA's office have also been observed wearing purple throughout the hearing.
"This conduct not only has the appearance of impropriety but is in fact improper," Sanger says in his motion. "The wearing of purple attire, from the lead prosecutor to the DA's investigator to the witness coordinator is a blatant representation of a 'party' and a community movement to convict Paul Flores."
He argues that Flores would be unlikely to receive a fair trial because of the "San Luis Obispo District Attorney's Office's handling of the case."
A temporary motion hearing is scheduled for August 25. A representative from the State Attorney General's Office will need to be in attendance since the AG's Office would be handed the case if the motion is granted.
In agreeing to the hearing date, Peuvrelle pointed out that he was wearing a blue suit and tie Wednesday and that the tie he was wearing on Tuesday was actually red and navy.
In the meantime, the preliminary hearing continues with cadaver dog handler Adela Morris called to the stand.
Adela Morris
Adela Morris is an expert witness in human detection dog handling. However, the defense argues there's not enough foundation for her to testify and questions her qualifications.
Under cross-examination, Sanger asks Morris several clarifying questions about her certification. Morris says she has a certificate from CARDA (California Rescue Dog Association).
He also asks about her income. Morris says she founded two nonprofits - the Institute for Canine Forensics and the Canine Specialized Search Team (CSST). She gets paid work through the Institute for Canine Forensics but CSST is all volunteer work.
Morris has spent 35 years as a cadaver dog handler and her dog, Cholla, aided in the search of Paul's dorm and other areas in 1996 following Smart's disappearance. She said Cholla was first certified in 1995 and she had to show proficiency before certifying her dog.
Morris testified that Cholla alerted to a piece of plastic in a dumpster and showed interest around the Performing Arts Center and at the Arroyo Grande home of Paul's mother, Susan Flores.
Both defense attorneys ask if cleaning agents could hinder a dog's detection of human remains, but Morris says dogs can still pick up scent signatures and adds she didn't know Paul Flores's dorm room had been cleaned when she searched it.
At one point during the hearing, Judge Craig van Rooyen asks Morris if she thinks Cholla was reliable for detecting human remains. She responds, "At the time, [Cholla] was one of the most trained dogs in the state."
Morris says the dogs have to be re-certified every year.
On cross-examination, she is unsure of Cholla's false-positive rate saying they didn't track it at the time. "I'm aware dogs can make mistakes," she said. "I'm assuming [Cholla] may have had some mistakes."
Sanger argues Morris doesn't have proper qualifications, was unsure of Cholla's false-positive rate, and wasn't able to testify about alerts leading to potential evidence; however, the judge ruled that her testimony would be allowed and testimony turned to the search of Paul's dorm room.
Morris says that her dog alerted right away to a door on the left side of Santa Lucia Hall, room #128. She says Cholla gave "the strongest alert she's ever seen her do."
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ORIGINAL STORY - A longtime cadaver dog handler is expected to continue testimony Wednesday morning when the preliminary hearing for Paul and Ruben Flores continues in San Luis Obispo County Superior Court.
Paul and his father, Ruben Flores, face charges in connection with Kristin Smart's 1996 disappearance from Cal Poly.
A preliminary hearing allows the court to examine evidence and determine if there is enough evidence for a trial.
Tuesday, two former friends of Paul’s took the stand and the defense raised issue with the purple ties that certain people were wearing in the courtroom.
Adela Morris, who has spent 35 years as a cadaver dog handler and whose dog aided in the search of Paul’s dorm and other areas in 1996 following Smart’s disappearance, also began testifying.
The preliminary hearing is expected to last through the end of the month.
KSBY’s Megan Healy is in the courtroom and will have updates on KSBY and KSBY.com as they become available.
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Attorney for Paul Flores seeks to disqualify San Luis Obispo County District Attorney's Office from prosecuting case - KSBY San Luis Obispo News
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