Paul Flores Files Second Appeal in Kristin Smart Murder Case

Paul Flores, the man convicted of killing Cal Poly freshman Kristin Smart in 1996, has filed a second appeal seeking to overturn his conviction. The 48-year-old, who was found guilty of first-degree murder and sentenced in 2023, argues his trial was unfair and his sentence should be reversed—or at minimum, reduced to second-degree murder.

A Monterey County jury sentenced Flores to 25 years to life in prison, concluding that he “with malice aforethought murdered Kristin Smart” during or in connection with an attempted rape. Despite this, Flores and his defense team maintain that key aspects of his trial violated proper procedure. The appeal, submitted Monday, reiterates arguments used in Flores’ initial effort to overturn his conviction in 2024.

The appeal specifically criticizes the inclusion of certain testimonies and prosecutor behavior during the trial. Flores’ legal team claims:

• Juror Issues: Juror 273, identified in court documents, displayed a “dramatic emotional outburst” during the trial and should have been removed. Flores’ defense asked for her dismissal four times, alleging that she spoke to acquaintances and a bailiff about the case despite rules prohibiting such discussions. Juror 273 later stated to the San Luis Obispo Tribune that she had remained neutral throughout proceedings, even after the outburst.
• Alleged Victim Testimonies: The defense claims the judge erred in allowing testimony from two additional alleged rape victims of Flores, arguing their statements unfairly prejudiced the jury into believing Flores had assaulted Smart in the same manner without direct evidence to support the theory.
• Prosecutorial Misconduct: Flores contends that former San Luis Obispo County Deputy District Attorney Chris Peuvrelle behaved improperly during his closing arguments while making the case for first-degree murder.

The filing also criticizes the testimony of Trevor Boelter, who claimed Kristin Smart appeared “roofied” the night of her disappearance. Flores’ team argues that Boelter’s testimony lacked a solid foundation and relied partially on hearsay from a newspaper article.

The appeal disputes evidence of sexual assault altogether, stating, “Even under the relatively low probable cause standard used at a preliminary hearing, the non-character evidence failed to establish that appellant killed Smart in the commission of an actual or attempted rape of any type.”

Flores has been serving his sentence at Corcoran State Prison after being transferred from Pleasant Valley State Prison in Coalinga, where he was attacked twice.

No date has been set for oral arguments in the appeal. Flores, convicted in one of California’s most infamous cold cases, continues to deny responsibility for Kristin Smart’s disappearance. Smart’s remains have yet to be located.

This case remains under close public scrutiny as Flores appeals his conviction nearly three decades after Smart’s disappearance.