Kristin Smart's parents are suing the father of the man charged with killing their daughter nearly 25 years ago after he allegedly bur...
Kristin Smart's parents are suing the father of the man charged with killing their daughter nearly 25 years ago after he allegedly buried the California college student's body in his backyard and later moved it.
Ruben Flores, 80, has pleaded not guilty to a charge of accessory after the murder for hiding Smart's body after his son allegedly killed her in 1996 during an attempted rape in his California Polytechnic State University dorm room.
They were arrested last week after investigators said they found 'biological evidence' indicating Smart had once been buried under Ruben's deck in nearby Arroyo Grande but was recently moved, prosecutors revealed in a court filing this week.
Smart's family have since filed a lawsuit in San Luis Obispo County Superior Court claiming her body was buried in Ruben's yard but he moved it 'under the cover of darkness' to another location a few days after investigators searched his property in February 2020.
The lawsuit says Smart's remains were moved to ensure they 'would not be found should another search warrant be executed'.
Ruben Flores, 80, (left) has pleaded not guilty to a charge of accessory after the murder for hiding Kristin Smart's body after his son Paul Flores (right) allegedly killed her in 1996 during an attempted rape in his California Polytechnic State University dorm room
Investigators had returned to Ruben's home just last month to use ground-penetrating radar and cadaver dogs to search the property. They searched the home again last week following the arrests and could be seen dismantling the deck that leads underneath the house.
Authorities have not disclosed what was found during that search.
The lawsuit seeks unspecified damages from Ruben for intentionally causing emotional distress by helping his son cover up the crime.
Kristin Smart was last seen on May 25, 1996, with Paul Flores while returning to her dorm at Cal Poly University in San Luis Obispo after an off-campus party
It said Flores got help moving the body from two unnamed accomplices who will later be added as defendants in the case.
'Had Kristin's remains not been hidden, re-hidden and then moved yet again, it is reasonably likely (her parents) could have been reunited with the remains of their daughter and would have been permitted the opportunity to conduct a burial service at which their daughter could be laid to rest in a place of honor and dignity, as opposed to the present circumstances where their daughter´s body was discarded like human garbage,' the lawsuit said.
The Smart family's attorney James Murphy Jr. did not say how he learned about the the body being moved.
There is currently a gag order in the criminal case, which prevents lawyers, investigators, witnesses and others from speaking about the case or releasing any court documents.
Ruben was released on Wednesday on $50,000 bail.
Prosecutors had argued he shouldn't be released because he had spent nearly a quarter century helping his son cover up the crime and was likely to continue to hide Smart's remains.
Her body has never been found.
Smart's family have since filed a lawsuit in San Luis Obispo County Superior Court claiming her body was buried in Ruben's yard but he moved it 'under the cover of darkness'. They searched the home again last week following the arrests and could be seen dismantling the deck that leads underneath the house
The Smart family's lawsuit seeks unspecified damages from Ruben for intentionally causing emotional distress by helping his son cover up the crime. Denise and Stan Smart sued Paul Flores back in 1996 over their daughter's disappearance. A judge has put that case on indefinite hold because the investigation into her death has been ongoing since she vanished
Defense lawyers have criticized evidence against the father and son as flimsy and based on hearsay and speculation.
The defense attorney has previously questioned why investigators needed to keep searching for evidence after making arrests. At the time of the April 13 arrests, the sheriff said he believed that had enough evidence to win convictions.
The attorney argued there were many innocent explanations why soil had previously been dug up in the yard. He said a backhoe had excavated a trench to dump soil that was removed to lay a nearby foundation.
Paul is being held without bail.
Denise and Stan Smart, who live in Stockton, sued Paul Flores back in 1996 over their daughter's disappearance.
A judge has put that case on indefinite hold because the investigation into her death has been ongoing since she vanished.
They also sued Cal Poly, though that lawsuit fizzled because the university had immunity as a government entity.
Murphy, who has been on the case for more than half of his 46-year legal career, said he was in tears over the arrests and savoring the idea of being able to witness the outcome after so many years.
'To still be practicing and watch the final chapter unfold is the greatest reward for me,' Murphy said.
The arrests last week followed significant developments in the case in recent years as new witnesses came forward, investigators monitored Paul's cellphone and text messages, and searches were conducted at separate homes where Flores, his father, mother and sister live.
Despite being a suspect from day one, investigators say they never had enough evidence to charge Paul Flores over Kristin Smart's disappearance until last week when he was taken into custody (above) on suspicion of murdering the 19-year-old
The case dates back to May 25, 1996 when Smart was last seen returning to her dorm at the Cal Poly University campus at about 2am after an off-campus party.
A then-19-year-old Flores, who was a fellow freshman at the school, had offered to walk her home from the party.
The younger Flores, who has long been a suspect in Smart's 1996 disappearance, was a former classmate and the last known person to see Smart the night she vanished. He has never been charged over her disappearance
Smart was not reported missing to the Cal Poly Police Department until three days after she was last seen.
Her dorm mate at the time said police were initially reluctant to take a missing persons report because it was Memorial Day weekend and she might have left the campus.
As the last person to see Smart alive, Flores was under suspicion from the start.
During the investigation, four different search dogs trained to pick up the smell of human remains led police to Flores' dorm room. No evidence was ever found in Flores' room.
Smart was officially declared dead in 2002.
Various search efforts have been carried out over the years, including the excavation of three different hillside locations near the campus in 2016.
Investigators served over 40 search warrants at 16 locations over the years, collected nearly 200 new items of evidence and used modern DNA techniques to test more than three dozen older pieces of evidence.
Flores has remained silent over the decades-long investigation.
He has previously invoked his Fifth Amendment right to not answer questions before a grand jury and in a deposition for a lawsuit that was brought against him in relation to the investigation.
Smart was officially declared dead in 2002 but her body has never been found
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