Posted on 10/09/2025 11:37:39 PM PDT by nickcarraway
The case against Kristin Smart's killer went back before a judge Thursday, nearly three years since his first-degree murder conviction was handed down.
An appeal in his case was heard in Ventura County.
It argues Paul Flores did not receive a fair trial in Monterey County.
Court documents show he's asking that his first-degree murder conviction be overturned or reduced to second-degree murder.
The documents cite alleged errors during trial and "reversible misconduct."
After submitting 75 pages to the Court of Appeals, Flores’ court-appointed attorney, Solomon Wollack, appeared via Zoom Thursday, presenting three arguments as to why he believes the trial was marred back in 2022.
The first referencing juror 273, who Wollack said was “completely unable to restrain herself.” He referenced multiple instances in which she became emotional, stating that should have resulted in her removal.
“She's having essentially a meltdown,” he said.
Deputy Attorney General Colleen McGurrin responded, arguing that emotional responses are normal responses to graphic testimony.
“As the court repeatedly said, emotional responses from jurors are very common in murder cases and in sexual offense cases,” she said.
The second point was over the admissibility of two uncharged sexual offenses involving women who claimed to have had previous encounters with Flores. Wollack said, “It can’t get any more inflammatory than that,” arguing that the testimony was unrelated and shouldn’t have been allowed in court. Meanwhile, the People disagreed, arguing it was admissible and relevant.
Wollack’s third argument was that the jury had the easiest path to a felony murder conviction based on the charge, including the allegation of attempted rape with an intoxicated person. Wollack said the prosecution did not have to prove that Flores used “force or fear, that Smart was unconscious or that any sexual intercourse took place.”
“So the remedy on this, or at least would be to reduce the crime to second-degree murder,” Wollack told the court.
Flores was not present for the hearing and remains in custody behind bars at Corcoran State Prison in the San Joaquin Valley.
The judges who heard the appeal have a maximum of 90 days to issue an opinion on it.
Flores remained a person of interest for years in the Cal Poly freshman's 1996 disappearance before his 2021 arrest and conviction the following year.
His father, Ruben, was tried alongside his son but was found not guilty by a separate jury.
Meanwhile Derick Chauvin remains a prisoner of political correctness.
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