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Kristin Smart case: 16 witnesses testify so far in preliminary hearing for Paul and Ruben Flores

Pool photo by Dave Minsky | Santa Maria Times
Paul Flores appears in San Luis Obispo Superior Court Aug. 12 for the eighth day of his preliminary hearing.

More than a dozen people have testified so far in the preliminary hearing for Paul and Ruben Flores relating to the 1996 disappearance of Cal Poly student Kristin Smart.

Paul Flores is being charged with one count of murder. His father, Ruben Flores, is being charged with accessory after the fact.

Judge Craig van Rooyen previously said the hearing is expected to continue through August.

Thursday’s hearing began with Tim Davis continuing his testimony from the day before.

Davis is a former Cal Poly student who attended the Crandall Way party on May 24, 1996. Davis said the gathering was small, about 30-40 people, and was a 21st birthday party for two of his friends. Davis was a junior at the time and most of the other attendees were juniors as well. He said Smart and Paul Flores “stuck out like sore thumbs” when they arrived at the party because he was friends with and knew most of the people there.

Davis said he left the party at around 1:30 a.m. Davis was helping other people get home when he noticed his friend Cheryl Anderson didn’t make it into his car that a friend was driving back to the dorms.

Davis was going to walk Anderson back to the dorms when he saw Smart laying on the grass outside. Davis said it was a cold night, in the mid to low fifties, and there was dew on the grass. When he nudged Smart, Davis said she was responsive and told him how cold she was. He helped Smart stand up and she leaned on him for balance.

Davis helped walk Smart part of the way back to the Cal Poly dorms from the Crandall Way party. He said he has a very “vivid” memory of the night.

Davis started walking with Smart and Anderson. He said Flores walked toward the group out of the darkness from the side yard of the Crandall Way house, saying he would go with the group to the dorms.

Davis testified that at the time he thought it was “weird” that Flores was still there because most people had left at that point.

Once the group of four reached the Cal Poly Health Center, Anderson told Davis he didn’t need to go all the way to the dorms since he lived in the opposite direction. After making sure Anderson would be okay, Davis said he passed Smart off to Flores.

Davis said he turned around and watched to make sure Flores could support Smart. He watched the trio walk towards the dorms for about 15 seconds before turning around and walking back towards Crandall Way.

“That’s what gets me, I could see the dorms in the distance,” Davis said.

Davis said while Smart could not walk on her own, she could walk with support.

“25 years of this night, knowing Kristin Smart is gone and dead is a lot of weight on me,” Davis said – referencing Smart being declared dead and clarifying he doesn’t know what happened to her. “I tried to do the right thing and help her.”

During the cross examination, defense attorney Robert Sanger referenced a transcript of Davis’ interview with Deputy District Attorney Christopher Peuvrelle and Detective J.T. Camp, where Davis warned the prosecution not to pursue a weak case because it “will piss a lot of people off, even more than they’re already pissed off.”

Davis told Peuvrelle prior to the preliminary hearing that “if this was Western justice, we would shoot [Paul Flores] and move on with our lives.”

Davis also told the prosecutor he would “be happy to put [Paul Flores] away” and “do anything to help.”

When cross examined by Harold Mesick, representing Ruben Flores, Davis said he was not tailoring his testimony to convict Flores.

“I can see that night very well in my mind,” Davis said.

Davis said the only thing Peurevelle told him was to tell the truth.

“I don’t see anyone else other than Paul Flores as guilty in this case,” Davis said.

Mesick noted Davis was not happy to be testifying in court. Mesick asked, “No good deed goes unpunished, right?” “You’re telling me,” Davis replied.

Davis was excused and subject to recall.

Jennifer Hudson was the 16th witness to take the stand. Hudson said she was hanging out at a party house in San Luis Obispo in the summer of 1996. A public service announcement came on the radio asking for people with information about Kristin Smart’s disappearance to come forward.

Hudson said Paul Flores was sitting next to her and said That b***h was a d**k tease and I’m done playing with her. I put her underneath my ramp in Huasna.” Hudson said Flores was not joking and she couldn't tell if he was looking at her or through her, which she now describes as “dead eyes.”

Hudson was so scared she left the hangout.

Hudson said she saw Flores on a second occasion in rural Huasna a little bit after the first incident. She was following a white pick up truck to a skate ramp and driving two guys who were partying at her neighbors house earlier in the day. When Paul Flores got out of the white pick up, Hudson said she vomited and was so scared she reversed and left right away.

The incident in San Luis Obispo happened in the summer of 1996, but she didn’t tell anyone what had happened until she told her roommate in 2002. He called the SLO Sheriff’s anonymous tip line.

In a cross examination, the defense asked Hudson why she didn't report the Paul Flores’ statement to the police.

“I was a scared 17-year-old child,” Hudson said.

Hudson’s former roommate who submitted the tip contacted her in Nov. 2019 to tell her he was interviewed for Chris Lambert’s “Your Own Backyard” podcast. He encouraged Hudson to contact Lambert, which she did in November 2019.

After Hudson talked to Lambert, she talked to SLO County Sheriff’s Detective Clint Cole about Paul Flores’ statement.

Mesick asked Hudson if she wanted to help the Smart family. “More than anything,” Hudson replied.

Peuvrelle then asked if she carries guilt for not coming forward earlier.

“The possibility I could have helped – knowing that I could’ve come forward earlier and brought this little girl home...,” Hudson said, pausing as she held back tears. “I will never excuse my behavior for waiting and I know it was selfish and I apologize.”

Hudson was excused for the weekend and van Rooyen said it is likely she will be back to continue testifying Monday.

Testimony in the preliminary hearing resumes Monday, Aug. 16 at 9 a.m.

Lauren Walike joined KCBX as its news manager in February 2021. In addition to her KCBX work, Lauren also serves as news director for KCPR-FM, Cal Poly’s student-run radio station, and digital director of Mustang Media Group, Cal Poly’s student-run news organization. She will graduate from Cal Poly’s Honors Program in June 2021 with a Bachelor of Science in journalism with minors in Integrated Marketing Communications and Media Arts, Society and Technology.
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