But it was a local story and the thing that stood out to me is that nobody was talking about it anymore. 1 of 47. His father was found not guilty of helping to hide her body. Murphy and Sinclair promised the Smarts the billboard will stay until their daughter is found. But was there evidence possibly placing Kristin Smart at his mother's home? She disappeared in 1996 after attending an off-campus party and while she was declared legally dead in 2002, her body has never been found. every piece of evidence points directly at Paul Flores. During Tuesdays hearing, San Luis Obispo County Sheriffs Detective Clint Cole testified about a conversation he had with Ruben Flores at his Arroyo Grande home when Cole was there to obtain a DNA swab. PAUL FLORES: On the advice of my attorney . No remains have been found. Cole in 2019. In June 1997, 18-year-old Kristen Modafferi arrived in San Francisco to take a photography class at UC Berkeley. He said a backhoe had excavated a trench to dump soil that was removed to lay a nearby foundation. Denise Pearce: The investigation was completely botched by the campus police. But 22 years later, when he couldn't find any recent stories about the case, he decided to do something. Chris Lambert and it worked. And so, she pulled me into this sort of like, "oh come on, let's socialize. Real Name: Kristen Deborah Modafferi Nicknames: No known nicknames Location: San Francisco, California Date: June 23, 1997 Bio Occupation: Student Date of Birth: June 1, 1979 Height: 5' 8" Weight: 140 lbs. Cole said a search of it revealed "suspicious activity.". JAMES MURPHY: What is your present residence address? The 18- year old coed from North Carolina was taking a summer photography class at the University of Califorina Berkeley when she vanished June 23rd, 1997. Those were kind of unspoken things. Flores defense team serves Your Own Backyard podcaster Chris Lambert with a subpoena to serve as a witness in San Luis Obispo Superior Court on August 30th, as he has interviewed several witnesses before they spoke to law enforcement. He gets his arm around her torso and her arm around his neck, and he's helping her walk. JAMES MURPHY: Do you have any information as to where Kristin Smart's body is located? He was required to wear an electronic ankle bracelet. But cadaver dogs told a different story. That witness initially came forward to Chris Lambert, who passed the information to the sheriff's office and Murphy. For more than two decades, her family, friends, and supporters searched for answers and for justice. They didn't look at the Flores family's vehicles. He's going to find her body, which is awful for a parent. He said a chemical called Bluestar, which detects bodily fluids, was used on the trailer and that there was a reaction on the right side of the trailer showing a stain that could be similar to a human being lying on its side. Chris Lambert: As they describe it, Paul Flores just sort of appears out of nowhere. D.A. Kristen was in her first year at Cal Poly when she vanished in 1996. Kristen Modafferi was last seen on the afternoon of June 23, 1997, at the coffee shop where she was working in the Crocker Galleria Mall in San Francisco, California. But Murphy says there were other incidents that should have raised alarm bells about him with law enforcement from the very beginning. And there are more horrifying allegations about what may have happened to Kristin after she was last seen with Paul Flores. Paul Flores isnt granted bail, with Judge Craig B. Her books are available on Amazon. It's, like, she has nothing on her. Smarts remains have never been found, but authorities recently said they believe they know where she was buried, though they havent disclosed the location. When authorities later confronted him with the two stories, Flores admitted lying and offered a new explanation. The documents also include several people the defense believes investigators should have looked into in addition to Flores, including convicted murderer and fellow then-student Scott Peterson, who was previously ruled out. Lourdes Aguiar is the senior producer. James Murphy: Well, the location where all this activity occurred is where they found the biological material. She adds that Flores said he put Smart under a skateboard ramp in Arroyo Grande. Ms. Smart, who was from Stockton, Calif., was a freshman at California Polytechnic State University in San Luis Obispo. Authorities made clear that they plan to use Flores' alleged predatory behavior against him. Flores and his parents have always maintained that he had nothing to do with Smarts disappearance. Maybe we cant. They also uncovered videos in a folder labeled practice that featured women wearing ball gags and in other fetish positions. Chris Lambert's podcast caught the attention of millions of listeners and sparked new interest in the decades-old unsolved case of Kristin Smart. Jonathan Vigliotti | CBS News correspondent: You wanted to go home, and you were trying to find a way to break it to your friend. Margarita Campos: I'll never forget her shadow against the building, this apartment complex, just standing like kind of cross-armed with the long leg And she was just kind of like looking at me like, [sighs] you're really walking away now, like you're really, you're leaving? The podcast, "Your Own Backyard,"has drawn millions of listeners and focused renewed attention on this decades old case. Denise Smart, Kristins mother, has also praised the show. The document said investigators at the San Luis Obispo County Sheriff's Department had biological evidence indicating Smart was once buried under Ruben Flores' deck behind his home in nearby Arroyo Grande. Sheriff Ian Parkinson was able to confirm that forensic physical evidence that authorities believe is linked to Kristin was located at, at least two homes. Four months later, while attempting to reconcile, Susan rented out her house in Arroyo Grande. And I was screaming. And six months later, when Flores was deposed by James Murphy for the Smart's civil suit, he kept quiet. Susan Flores and her boyfriend were never charged in the case. Jonathan Vigliotti: And that weighs on you. Please come with me." Witnesses said Smart was intoxicated, and Flores had said he would walk her home after an off-campus party. Paul Flores and his father both pleaded not guilty to all charges at their arraignment. Paul Flores, a fellow freshman at California Polytechnic State University in San Luis Obispo, was the last person seen with Smart on May 25, 1996. On April 19, father and son each pleaded not guilty, according to The Associated Press. So, when they were invited to a party that Friday night, Kristin was excited to go. Lindsey Smart Stewart: She had traveled the world before she even made it to college. Flores wasn't talking. PODCAST EPISODE 3: Something shiny catches her eye next to the front driver side tire. It also expounds on several other alleged rapes as well as unwanted sexual advances. Chris Lambert: They're hopeful, but they've also been let down so many times before. The prosecution upholds the validity of these searches, including one of Flores dorm room that was done after he moved out. To declare to the public if you stay quiet, you will get away with this. So had Margarita Campos, who lived in the next room in Muir Hall. Like what may have been discovered in March 2021 when investigators searched Ruben Flores' house using cadaver dogs and ground penetrating radar. JAMES MURPHY: Has your son ever told you that he did not kill Kristin Smart? Jonathan Vigliotti: She had just 40 yards to go and yet she vanished. They were after Paul Flores for an outstanding DUI warrant. Paul Flores was charged with murder and Ruben Flores with being an accessory after the fact, accused of helping to bury her remains. She feared for her life, so did not tell anyone at the time or for years after. In his complaint, Murphy alleges, along with Ruben, there were two other unnamed individuals. The judge in the case has issued a gag order preventing lawyers, investigators, witnesses and others from speaking about the case or releasing documents. He had a smirk when he said it, like it was a joke, she says. An earring that appeared to match the necklace Kristin is wearing on the billboard. Lindsey Smart Stewart: It just amazes me the amount of evidence that's available, yet nothing has happened. The lawsuit claims they were moving Kristin's remains. All Rights reserved. Chris Lambert was just 8 years old when Kristin Smart vanished on her way home from a college party in San Luis Obispo, California. / CBS News, (This story previously aired on May 8, 2021. Jonathan Vigliotti: How significant was that? The judge rules that the DA cannot be disqualified for wearing purple clothing. Five months after Kristin Smart disappeared, Paul Flores was brought before a grand jury but no charges were ever filed. In his mug shot, a black eye can faintly been seen. Ken Blum is the editor. James Murphy: It was just a sad phone call to have somebody say, our daughter disappeared and we think she's the victim of foul play and we'd like to pursue the guy that we think is responsible. But Paul Flores was never charged with any of these incidents. In March 2021, the San Luis Obispo County Sheriff's Office served a search warrant at the Arroyo Grande home of Ruben Flores. She writes about missing persons, unsolved murders, and human rights. Paul Flores was identified as a person of interest early in the case. The defense argued that other skateboarders who were at the San Luis Obispo location said they never saw Paul there, and Hudson's boyfriend denied ever seeing Paul in Huasna or anywhere else. Cole testified that Hudson told him about Paul's statement and that she'd also seen Paul with his white pickup truck at the skateboard ramp in Huasna. In March 2021, investigators used cadaver dogs and ground-penetrating radar to search Ruben Floress property in Arroyo Grande, Calif. Paul Flores was taken into custody at his home in the San Pedro section of Los Angeles on April 13, 2021, and was charged with murder. Copyright 2023 Penske Business Media, LLC. I didnt understand why. The sheriff's office seized the trailer and Det. Testimony resumes at the Kristin Smart hearing after a week off. The defense claims the prosecution is wearing said color as a result of a Facebook request on the site Justice for Kristin Smart' to wear purple during a Memorial Day celebration. PODCAST EPISODE 1: I googled Kristin Smart's name every few years. He has denied any involvement. The Smart's attorney James Murphy, and his wife and office manager Garin Sinclair, have had Kristin's billboard in their front yard since late 1997. Chris Lambert: That's the upsetting part about it, isn't it? On Monday, June 23rd, 1997, she arrived for work at the Crocker Galleria mall. She spent a summer in London, was an exchange student in Venezuela, and a lifeguard at a camp in Hawaii. Nic Coury / AP. The excavation below his deck showed damning evidence that a body had been buried in that location and then recently moved, prosecutor Christopher Peuvrelle said. They asked him not to use their names: PODCAST EPISODE 2 | WOMAN #1: Well his nickname was "Scary Paul.". But the Flores's have fought back, suing the Smarts for intentional infliction of emotional distress. Kristin Denise Smart (born February 20, 1977 [1] [6] -declared legally dead May 25, 2002) was an American woman who was found to have been murdered by Paul Flores at the end of her freshman year on the campus of California Polytechnic State University, San Luis Obispo (Cal Poly). According to a county probation bail report obtained by the San Luis Obispo Tribune, "biological evidence" was found under Ruben's deck. James Murphy: There's no way to get evidence back once you've lost it. The next month, the San Luis Obispo County Sheriffs Office took over from the Cal Poly police as the lead investigators. The Tribune said it got the public documents from the courthouse in the city 160 miles northwest of Los Angeles. James Murphy: An eyewitness actually documented the fact that throughout the night that there was activity in the area of the underside of that deck. He promised the Smarts that solving Kristin's case would be a priority. The younger Flores has long been the only person of interest in Smarts disappearance; she was last seen on May 25th, 1996, after attending a party near campus. Det. It's fine. Through the years, the Smarts have kept pressure on the Flores family. James Murphy: And it's 2:30 and 3 o'clock in the morning at Cal Poly this is not a a location from which Paul alone could easily move a body without a vehicle. Other men cited by the defense either reportedly dated or pursued Smart. Mesick argued there were many innocent explanations why soil had previously been dug up in the yard. I knocked on her door, and I thought she was just sleeping, or she went out and about, you know? He discussed some of the evidence that was collected during searches of the property, including anomalies in the backyard and a 4-foot deep hole under the deck containing fibers and human blood. When they were deposed by James Murphy, they also insisted their son was not involved. Related Stories And these girls are inviting us out. Cole also testified that the Flores family was wiretapped for 30 days starting on January 5, 2020. Chris Lambert: It's mostly frat guys from the Kappa Chi fraternity. and offers to help. Everyone knew Paul (Flores) was creepy. Paul Flores pleads not guilty to the murder and attempted rape of Smart. Get browser notifications for breaking news, live events, and exclusive reporting. Hudson previously testified during the preliminary hearing that while hanging out with a group of skateboarders in San Luis Obispo in 1996, she heard Paul Flores use a derogatory term to refer to Kristin Smart and say, "I'm done playing with her and I put her out underneath my ramp in Huasna.". Paul Flores, 44, has pleaded not guilty to a murder charge. Axel Koester/Sygma via Getty Images The. Her parents, Denise and Stan were both educators who encouraged their kids' passions. But further investigation of the Flores's two trucks seemed impossible. Nineteen-year-old Kristin Smart disappeared Memorial Day weekend of 1996. Two days after her daughter went missing, Denise Smart got a call from Cal Poly's campus police. Once, he says, Flores was lurking in the lobby of Smarts dorm at 1 a.m.; another time, he says he saw the man in Smarts dorm room. Lambert says Kristin could not stand on her own, so fellow student Cheryl Anderson who was also at the party began helping her back to campus. After a lengthy hearing, San Luis Obispo County Judge Craig B. Testimony is expected to continue Wednesday. Margarita Campos: Kristin was like, "come on, let's go, let's go." The mother is washing her car in the driveway at one point. The day after the arrests, Dan Dow, the San Luis Obispo County district attorney, said that Paul Flores had caused the death of Ms. Smart while in the commission of, or attempted, rape. Ruben Flores helped to hide her remains, he said. The document presented summaries of why prosecutors didn't want either man to be released pending a trial that could be years away. Chris Lambert: I think that might have been the biggest misstep that investigators have made to this day. Classes were difficult, she was trying to fit in, and she missed her family. DAN DOW [press conference]: We intend to use evidence of other sexual crimes in this prosecution to prove the facts necessary for the attempted rape in this case.