As the preliminary hearing for Paul and Ruben Flores continued into the second week, Det. Clint Cole from the San Luis Obispo County Sheriff's Department remained on the stand to continue cross examination by Robert Sanger, representing Paul Flores, and Harold Mesick, representing Ruben Flores.
Sanger focused on people that he said should have been followed up on as other potential suspects, including Shahn Whitted and Ted Munley.
Shahn Witted was dating Smart near the time of her disappearance. Based on reports, after they broke up, Whitted burned shoes on Smart’s doorstep and left a “mean note.” In later interviews, Whitted said the two made up after that incident.
Ted Munley slept in Smart’s dorm room the night of her disappearance. Smart’s roommate allowed a friend to stay in her room that night and the friend invited Munley to sleep on the floor. When she woke up the next morning, she told investigators Munley was in the bed.
Towards the end of the morning session, Judge van Rooyen discussed what Paul Flores’ ex-girlfriend, identified as Angie C., could and could not testify about. Judge Craig van Rooyen determined Flores’ ex-girlfriend could not testify about character evidence, but could be questioned about the incident at Ruben Flores’ backyard.
Flores’ ex-girlfriend told investigators that she tried to pick an avocado from Ruben Flores’ backyard and was told to get out of the backyard by both Paul and Ruben Flores.
While Angie C. did not end up testifying Monday afternoon, she is expected to take the stand tomorrow.
During the afternoon session, Sanger continued with the cross examination of Cole. He asked Cole about other leads that were apparently not followed up on including Scott Peterson.
Cole testified that Scott Peterson and other leads were pursued and the men were ruled out as suspects, when asked by Deputy District Attorney Christopher Peuvrelle.
Cole also testified that Ted Munley was given a polygraph by the FBI in 1996 and investigators didn't find any deception and was not considered a “viable suspect.”
Crystal Calvin, Smart’s roommate; Jennifer Phipps, a Cal Poly student; Tim Davis, who helped walk Smart part of the way towards the dorms; and Cheryl Manzer, formerly Anderson — who is one of the last people to see Smart alive — were emailed pictures of Scott and Laci Peterson.
Calvin said she never saw Smart with either one of them. Phipps said she did not see either Scott or Laci Peterson near the dorms. Davis and Manzer both said they did not see Scott or Laci Peterson at the Crandall Way party.
Cole said his conclusion that Paul Flores was a prime suspect was based on many things including inconsistent answers during interviews, that he was the last person seen with her, Flores’ black eye and scratches, cadaver dog alerts, information from a 30 day wiretap and lack of evidence that Smart was alive, among others.
During further questioning by Peuvrelle, Cole testified that May 31, 1996 Paul Flores said he thought Smart was dead and no other person at that point had said she was dead.
The preliminary hearing will continue tomorrow, Aug. 10 at 9 a.m.
