Brade
California Attorney General ROB BONTA has firmly opposed PAUL FLORES‘ request to overturn or reduce his conviction for the 1996 murder of California Polytechnic State University (Cal Poly) freshman KRISTIN SMART, labeling the appeal as “meritless.” Flores, currently serving a 25-year-to-life sentence, was convicted in October 2022 following a three-month trial.
In a 107-page court filing, Flores’ defense team argued that Monterey County Superior Court Judge JENNIFER O’KEEFE abused her discretion during the trial. They cited issues such as the judge’s refusal to dismiss a juror allegedly showing bias and the admission of a controversial photo of a ball-gag during the trial. Flores’ appeal claimed that while individual errors may not have deprived him of a fair trial, their cumulative effect did.
However, Bonta’s office countered that none of Flores’ claims impacted his right to a fair trial or justified overturning or modifying his conviction. “The cumulative error argument lacks merit,” the filing stated. “Each alleged error lacked merit and was harmless.”
One of Flores’ primary claims centered on Juror No. 273, whom the defense repeatedly sought to remove due to alleged bias. Bonta’s office defended the judge’s decision, stating, “Substantial evidence supports the trial court’s finding that Juror No. 273 had not lost her ability to remain neutral.”
Flores also argued that testimonies from women who accused him of sexual misconduct created unfair bias. Three jurors told the San Luis Obispo Tribune in April 2023 that these testimonies were crucial in establishing a pattern of behavior, leading them to believe Flores attempted to rape or raped Smart before her death. Bonta’s office maintained that the testimonies were properly admitted, emphasizing that a defendant need not be directly charged with a sex offense for such evidence to be relevant.
“Appellant (Flores) was entitled to a fair trial, not a perfect one,” the filing concluded.
Meanwhile, TREVOR BOELTER, one of the last people to see Smart alive, has urged Flores to reveal the location of her remains. “Paul Flores needs to come clean and tell the Smart family where Kristin’s body is located,” Boelter told DailyMail.com. Smart, who vanished in May 1996 after leaving an off-campus party, was declared legally dead in 2002. Her remains have never been found.
Flores, now 48, was convicted of first-degree murder after prosecutors accused him of killing Smart during an attempted rape in his dorm room and disposing of her body. As his appeals process continues, Boelter emphasized that Flores’ only path to atonement is by providing the Smart family with closure.
Flores is expected to respond to the attorney general’s brief by May 5, according to the court schedule.
**Sources:**
[Read the AG’s court filing](insert link)
[FOX True Crime Team on X](insert link)
[San Luis Obispo Tribune](insert link)
[DailyMail.com](insert link)
