Judge moves Kristin Smart trial out of California county

Mar 30, 2022, 4:53 AM | Updated: 4:55 pm
FILE - Paul Flores looks on at the second day of his preliminary hearing Tuesday Aug. 3, 2021. He i...

FILE - Paul Flores looks on at the second day of his preliminary hearing Tuesday Aug. 3, 2021. He is accused of the murder of Cal Poly student Kristin Smart. A judge has ordered the Kristin Smart murder trial moved out of San Luis Obispo County in central California, saying he doubts the men charged in the 1996 killing can get a fair trial there, Wednesday, March 30, 2022. (David Middlecamp/The Tribune (of San Luis Obispo) via AP, Pool)

(David Middlecamp/The Tribune (of San Luis Obispo)

              FILE - Defendant Paul Flores is displayed in the monitor of a video camera as he appears via video conferencing during his arraignment, Thursday, April 15, 2021, in San Luis Obispo Superior Court in San Luis Obispo, Calif. Flores and his father Ruben were arrested on Tuesday, April 13, 2021, in connection with the 1996 disappearance of Kristin Smart, a college student at California Polytechnic University San Luis Obispo. A judge has ordered the Kristin Smart murder trial moved out of San Luis Obispo County in central California, saying he doubts the men charged in the 1996 killing can get a fair trial there, Wednesday, March 30, 2022 (AP Photo/Nic Coury, File)
            
              FILE - Ruben Flores, left, talks to his attorney Harold Mesick after a ruling in a San Luis Obispo, Calif. court on Wednesday, Sept. 22, 2021. Flores is accused of helping his son Paul cover up the alleged murder of Cal Poly student Kristin Smart. A judge has ordered the Kristin Smart murder trial moved out of San Luis Obispo County in central California, saying he doubts the men charged in the 1996 killing can get a fair trial there, Wednesday, March 30, 2022. (David Middlecamp/The Tribune (of San Luis Obispo) via AP, Pool)
            
              FILE - Paul Flores looks on at the second day of his preliminary hearing Tuesday Aug. 3, 2021. He is accused of the murder of Cal Poly student Kristin Smart. A judge has ordered the Kristin Smart murder trial moved out of San Luis Obispo County in central California, saying he doubts the men charged in the 1996 killing can get a fair trial there, Wednesday, March 30, 2022. (David Middlecamp/The Tribune (of San Luis Obispo) via AP, Pool)

SAN LUIS OBISPO, Calif. (AP) — A judge on Wednesday ordered the Kristin Smart murder trial moved out of San Luis Obispo County in central California, saying he doubted a fair trial could take place there for two men charged in the 1996 killing of the college student, whose body was never found.

Judge Craig Van Rooyen granted a change-of-venue motion for Paul Flores and his father, noting extensive news coverage of the case and a volume of speculation on social media that he said would make it hard to find an unbiased jury.

He said that while the case had received national attention, especially since the two men were arrested last year, it has been under scrutiny for decades in the relatively small coastal county of 283,000 people.

“I don’t think this case is discussed around dinner tables in other counties like it is in this county,” van Rooyen said.

The prosecution opposed a change of venue, arguing that simply hearing about the case through widespread news coverage wouldn’t necessarily mean potential jurors were biased.

The trial was scheduled to start on April 25 but is expected to be postponed while a new location is found. A status conference is scheduled for April 4.

Flores, 45, is charged with the murder of Smart, who vanished 25 years ago.

Flores was the last person seen with a very intoxicated Smart on May 25, 1996, as he helped walk her to her dorm at California Polytechnic State University after a party, witnesses said. Prosecutors said he killed Smart while trying to rape her in his dorm room.

His father, Ruben Flores, 80, is charged with helping dispose of her body.

Both were arrested last April and have pleaded not guilty to the charges.

Prosecutors have presented evidence that Smart’s body was once buried under a deck shielded by lattice behind Ruben Flores’ home. They say the body was later moved, and it’s never been located.

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Judge moves Kristin Smart trial out of California county