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Judge moves Kristin Smart case to trial By MADISON HIRNEISEN NEWS-PRESS STAFF WRITER
COURTESY PHOTOS
Paul Flores
The judge presiding over the preliminary hearing for the two men charged in connection with the 1996 disappearance of Kristin Smart ruled Wednesday morning that there is sufficient evidence to move the case to trial. Paul Flores and his father, Ruben, will stand trial for their connection to Ms. Smart’s disappearance nearly 25 years after she went missing from Cal Poly’s campus. Paul has been charged with Ms. Smart’s murder, and his father has been charged with accessory after the fact. Paul is the last person known to have seen Ms. Smart in May 1996 as he helped her walk back
to her dorm at Cal Poly from an off-campus party. Prosecutors believe he killed Ms. Smart while attempting to rape her in his dorm room. She was declared dead in 2002, though her remains have yet to be found. Judge Craig van Rooyen of San Luis Obispo Superior Court said Wednesday that he has a “strong suspicion” that Ms. Smart was buried under Ruben’s deck after she was murdered by Paul. He cited various pieces of evidence to defend his ruling, including reports from cadaver dog handlers who said four dogs alerted to Paul’s dorm room during a search after Ms. Smart’s disappearance. He also mentioned the results of a dig at Ruben’s house that disturbed soil the size
of a body and revealed blood stains under his deck, saying “nothing links it definitively to Ms. Smart” because of a lack of DNA, but it leads to “reasonable suspicion” that she was buried there. Investigators believe Ms. Smart’s remains were “recently moved,” and suspect Ruben is responsible, the San Luis Obispo Tribune reported. The judge’s ruling comes after a 22-day preliminary trial, which began Aug. 2. The preliminary hearings included testimony from more than two dozen witnesses, including current and former detectives, friends of Paul and Kristin, cadaver dog handlers and soil analysts. In response to Wednesday’s ruling, Defense Attorney Robert
Traffic delayed on Carrillo Street
Sanger, who is representing Paul, said there was not enough evidence presented in the 22day preliminary trial to move forward with the case. But the judge ruled there was probable cause — a lesser standard of proof than beyond reasonable doubt — and added that it will be up to a jury to decide if there’s “proof beyond a reasonable doubt.” Paul has remained in custody at the San Luis Obispo County Jail without bail since the arrest in April. Ruben is currently out on bail. Both pleaded not guilty. Paul and Ruben are scheduled to be arraigned on Oct. 20. email: mhirneisen@newspress. com
Ruben Flores
Bill would reform marine liability
Motorists face backup during major project; mayor stresses project’s importance for safety
Carbajal, Feinstein introduce legislation to help Conception Boat fire victims’ families and others By MADISON HIRNEISEN NEWS-PRESS STAFF WRITER
KENNETH SONG/NEWS-PRESS
Lane closures are part of the traffic impact Wednesday during the Carrillo Street improvement project.
By DAVE MASON NEWS-PRESS MANAGING EDITOR
Traffic is backing up as motorists on a daily basis face lane closures because of the Carrillo Street improvement project. But Mayor Cathy Murillo said it’s all for a good cause: safety. The work on the major Santa Barbara street, which many people use to get to their jobs on weekday mornings, extends from Chapala Street to Miramonte Drive. “Give yourself an extra five minutes,” Ms. Murillo suggested Wednesday during a News-Press interview. “If you’re thinking you’re going to make it across
town in 10 minutes, give yourself 15 minutes.” Ms. Murillo stressed the importance of the project, which the city estimates will be finished in February and includes a variety of work on Carrillo Street, including at intersections. The mayor cited the example of Carrillo and San Andres streets. “It’s a very dangerous intersection,” Ms. Murillo said. “Some pedestrians have been injured.” “I’ve heard from a lot of residents who walk in the area,” she said. “They wanted to see improvement at San Andres and Carrillo.” That particular intersection will be worked on during Phase
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2 of the project, according to the city. The work there includes upgrading traffic signals and poles, removing and replacing sidewalk sections, building a new curb and gutter, and installing ADA-access ramps. The city’s news release said resurfacing work on Carrillo Street is being done only on weekends to minimize the impact on traffic. But there’s other work being done on weekdays. In addition to roadway resurfacing, the project includes roadway lighting, reconstruction of a traffic signal, sidewalks, a new enhanced pedestrian crossing and new American Disabilities ActPlease see ROADWORK on A4
NEWS-PRESS FILE PHOTO
“Give yourself an extra five minutes,” Mayor Cathy Murillo suggested, referring to traffic delays during the Carrillo Street improvement project.
In response to the Conception boat fire that claimed the lives of 34 individuals in 2019, U.S. Rep. Salud Carbajal, D-Santa Barbara, and Sen. Dianne Feinstein, D-California, introduced the Small Passenger Vessel Liability Fairness Act on Wednesday. The legislation would reform longstanding maritime liability law. The new bill aims to update an 1851 liability law that prevents victims and families involved in maritime accidents to receive compensation from small passenger vessel owners who are responsible for the incident. The legislation comes more than two years after the Conception boat fire, which killed 34 individuals near Santa Cruz Island on Sept. 2, 2019. Since the incident, several lawsuits have been filed by the victim’s families and a crew member, and the captain of the ship, Jerry Boylan, was indicted for seaman’s manslaughter. Under the existing Limitation of Liability Act of 1851, the owner of the Conception vessel may not be held financially liable for any losses incurred in the tragedy because the boat had no value after it burned, according to a news release. The new bill introduced by Rep. Carbajal and Sen. Feinstein would require that owners of small passenger vessels be held legally responsible for losses and be required to provide compensation in the aftermath of maritime incidents. The law would apply retroactively to the Conception victims’ families, meaning they would be eligible to receive compensation if this law is passed. “This (1851) law is antiquated, and it’s unfair when you consider laws that have been put in place over the decades in contemporary times,”
NEWS-PRESS FILE PHOTO
U.S. Rep. Salud Carbajal, D-Santa Barbara, introduced new legislation on Wednesday that aims to reform longstanding maritime liability law.
Rep. Carbajal told the NewsPress Wednesday. He said the Conception boat fire shed light on the need to modernize the longstanding liability act to ensure families were properly compensated for losses. “What we’re trying to do is make this law appropriate and right and contemporary, and make sure families with other liability insurance get the fair and just compensation that they deserve when you have an incident like this tragedy that occurred Sept. 2, 2019,” the congressman added. This new piece of legislation builds upon the existing Small Passenger Vessel Safety Act, which became law in 2021. That bill focused on improving safety features in small vessels to prevent future incidents in the aftermath of the Conception boat fire. It was included in the final version of the National Defense Authorization Act that passed in January. Please see BILL on A3
INSIDE
L O T T E RY RESULTS
Classified................. B4 Life...................... B1-2 Obituaries............... A4
Wednesday’s SUPER LOTTO: N/A Meganumber: N/A
Wednesday’s DAILY 4: 7-0-2-0
Tuesday’s MEGA MILLIONS: 36-41-45-51-56 Meganumber: 13
Wednesday’s FANTASY 5: 2-15-22-25-36
Wednesday’s DAILY DERBY: 06-01-12 Time: 1:43.66
Wednesday’s POWERBALL: N/A Meganumber: N/A
Sudoku................... B3 Weather................. A4
Wednesday’s DAILY 3: 4-5-1 / Wednesday’s Midday 4-8-3