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Speaker 1: Crime Stories with Nancy Grace in the last hours, Will

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Speaker 1: there finally be justice for a gorgeous young co ed

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Speaker 1: christ and Smark? I mean, see Grace, this is Crime Stories.

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Speaker 1: Thank you for being with us here at Fox Nation

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Speaker 1: in series M one eleven. First of all, take a

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Speaker 1: listen to what Christen's mom told me. We didn't know

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Speaker 1: the first day, We didn't know the second day. We

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Speaker 1: didn't know the third day because cal Poly who did

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Speaker 1: not take a request from her friends to look for her.

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Speaker 1: So by the time Monday evening came around, which was

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Speaker 1: she disappeared Friday night, we didn't hear anything till Monday

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Speaker 1: evening and we got a call from the campus if

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Speaker 1: we knew where she was. And I think every parent

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Speaker 1: will tell you you have a gut reaction when you

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Speaker 1: know something's not right and someone calling you out of

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Speaker 1: the blue and thing, do you know where your daughter is?

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Speaker 1: And she's two hundred miles away. Once again, just going

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Speaker 1: back to their I think it says you referenced step.

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Speaker 1: It comes back. It just always comes back. And whenever

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Speaker 1: you hear about a missing child, you relive it for

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Speaker 1: that family as well. Can you imagine your daughter going

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Speaker 1: missing a co ed two hundred miles away at school.

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Speaker 1: You spend your whole life planning, thinking, dreaming, praying, pouring

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Speaker 1: all your love, all your energy, all your money, your

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Speaker 1: thoughts to somehow help your child do better in life.

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Speaker 1: Then maybe you have done and you finally get them

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Speaker 1: to school, to college, and then you get the call,

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Speaker 1: do you know where your daughter is from the college.

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Speaker 1: Take a listen to what Krista's dad told me, And

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Speaker 1: that was very disappointing anyway. After that, and after looking

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Speaker 1: for and she wasn't appearing, and they had found her

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Speaker 1: purse and her belongings in the room, she had not

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Speaker 1: taken those things with her. It was really apparent that

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Speaker 1: something had happened to her. So it's a nightmare. Like

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Speaker 1: my wife had mentioned, I spent a lot of weeks

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Speaker 1: down there, in fact the whole summer looking for my daughter.

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Speaker 1: And I think I could have been a tour director

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Speaker 1: for Saint Louis Bisbo County and just you know, a

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Speaker 1: lot of heartache from it. And as my wife had mentioned,

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Speaker 1: when we hear about other people who have lost a

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Speaker 1: child and they're looking for their child or our hearts

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Speaker 1: go out to them. Right now as we speak, trial

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Speaker 1: is commencing for a young man and his father. A

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Speaker 1: father and a young man who reportedly went throughout the

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Speaker 1: area tearing down missing posters. Where is Kristen Smart tearing

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Speaker 1: them down? A family that called Kristen Smart a dirty slut?

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Speaker 1: With me an, I'll star panel to make sense of

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Speaker 1: what we know right now. First of all, before I

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Speaker 1: go to our panel of experts, let me go straight

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Speaker 1: out to our colleague and friends, Stephanie Pogonis, crime reporter

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Speaker 1: with Fox News Digital. I thank heaven. A trial is commencing,

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Speaker 1: Stephanie Pogonas. But we've got a double trial going on.

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Speaker 1: Explain that's right, Nancy. We've got a double trial. Both

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Speaker 1: Paul Flores and his father, Ruben Floors are on trial

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Speaker 1: simultaneously with two different panels of jurors. Now, this will

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Speaker 1: make for an interesting case to watch, in a long one. Frankly,

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Speaker 1: so far a court officials have estimated that this trial

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Speaker 1: could last into October. Now, there will be times when

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Speaker 1: the panel of jurors from either side or overseeing the

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Speaker 1: cases of Paul or Reuben will be separated so that

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Speaker 1: one panel will hear evidence that the other will not.

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Speaker 1: Other than that they will be hearing the same case

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Speaker 1: for the majority of the trial to Joshua Ritter are

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Speaker 1: joining me high profile defense attorney and partner a big

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Speaker 1: law firm, former LA County Assistant district attorney, and you

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Speaker 1: can find him at Joshua Ritter dot com. I don't

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Speaker 1: like anything. She just said, no off, it's Stephanie Pagonnis.

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Speaker 1: I don't like double trials. Don't like them as two

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Speaker 1: trials being held at the same time. I've seen it

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Speaker 1: done before. It rarely turns out well. Why not a

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Speaker 1: try them together, or if you've got interlocking statements, try

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Speaker 1: one and then try the next one after that. Why

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Speaker 1: do they have to have simultaneous trials? I mean you

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Speaker 1: know this, Joshua will Ridder. There's one only one best

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Speaker 1: trial lawyer within the DA's office. It's true, only one

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Speaker 1: best trial lawyer. Why wouldn't you have that trial lawyer

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Speaker 1: completely familiar with this case. Try both cases in front

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Speaker 1: of one judge and they can be one after the

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Speaker 1: next consecutively, so the judge knows all the facts in details,

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Speaker 1: the prosecutor knows all the facts in details. Why a

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Speaker 1: simultaneous jury? Have you ever seen that? Yes? I have

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Speaker 1: seen it. I've actually conducted one myself. That's got to

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Speaker 1: be a very good reason for it. You would expect

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Speaker 1: that whatever evidence this is, and apparently there was an

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Speaker 1: interview that Paul gave that implicated his father. Whoa whoa,

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Speaker 1: whoa whoa whoa? Hold on, slow down, mustang Sally. Do

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Speaker 1: you know Flores by his first name? What you've had

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Speaker 1: dinner together? You think he's coming over. That's not happening.

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Speaker 1: Just defendant number one, part of Flores, the then nineteen

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Speaker 1: year old young man that was last sane with Kristen

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Speaker 1: Smart and Ruben Flores, his father, the one that called

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Speaker 1: her a dirty slut. That's who you're talking about. That

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Speaker 1: is who I'm talking about. And apparently there was an

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Speaker 1: interview conducted with Paul Flores where he implicated Reuben Flores.

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Speaker 1: And this must be incredibly damaging information. If they fell,

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Speaker 1: it was enough for them to get two juries to

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Speaker 1: hear this case. So you're right, they could have done

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Speaker 1: it with one jury, one trial and just admitted that evidence.

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Speaker 1: But if they felt it was powerful enough, they had

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Speaker 1: to figure out a way to do it with two trials.

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Speaker 1: I don't think they could have admitted it. And I'll

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Speaker 1: tell you why, josh may I call you Josh absolutely

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Speaker 1: because I've had this before and what I did when

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Speaker 1: confronted with two co defendants with interlocking statements, they point

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Speaker 1: the finger at each other. You can't have that come

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Speaker 1: before the jury. And this is why everyone, including these

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Speaker 1: two POC's technical legal term, has a right to full

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Speaker 1: cross examination of the state's witnesses. So let's just say

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Speaker 1: Paul Flores somehow points the finger at his father. Well,

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Speaker 1: Reuben Flores has the right to cross examine him, but

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Speaker 1: he may not take the stand because he also has

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Speaker 1: the right to remain silent and not take the stand.

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Speaker 1: So basically, you're screwed. I don't know how you say

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Speaker 1: that in Latin terms, like a lot of law students

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Speaker 1: would and a lot of lawyers sadly, but you're screwed

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Speaker 1: because you can't get that in. So the answer is

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Speaker 1: very clearly to have two separate trials one after the next.

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Speaker 1: But hey, you know what, have at it. That's the

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Speaker 1: way they're doing it. They've had a venue change. It's

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Speaker 1: to you, Joshua Ritter, there's no need to even try

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Speaker 1: to be PC politically correct on crime stories because I

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Speaker 1: figured out a long time ago. When I die, I

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Speaker 1: ain't going to Washington, d C. I hope I'm going

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Speaker 1: to heaven, So no need for that, Stephanie. The venue

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Speaker 1: has been changed from where to where. The venue was

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Speaker 1: changed from San Luis Stobisco County to Monterey County, a

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Speaker 1: courthouse in Salinas. The judge made the decision a couple

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Speaker 1: of months back, thinking that it might be able to

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Speaker 1: provide a more pure panel of jurors. Jury summons that

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Speaker 1: were sent out to about fifteen hundred jurs whoa, whoa, Stephanie, Stephanie,

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Speaker 1: I got a drink it all in, Okay, right now,

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Speaker 1: you got me, Jakie from the fire Hyjian. Too much,

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Speaker 1: too fast, did you say? Gurr summons went out to

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Speaker 1: fifteen hundred perspective girrs. Yes, actually more than fifteen Wow, wow, okay,

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Speaker 1: I mean out of all that, it seems to me

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Speaker 1: you should get an impartial jury. Now. They moved from

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Speaker 1: San Louis Obispo to Salinas, and the jury was selected

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Speaker 1: from Girars and Salinas. Yes, that is correct, Monterey County

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Speaker 1: as a whole, and forty jurors were picked between both cases. Okay,

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Speaker 1: Josh Ritter and Karen Starr now New York psychologists joining

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Speaker 1: us from New York, and Lisa Daddio, former police lieutenant

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Speaker 1: and director of the Center for Advanced Policing. And jos

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Speaker 1: Got Morgan and he's got such a long resume. I'll

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Speaker 1: do that when I get to him. I'm gonna get

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Speaker 1: right to you. But I got to talk to josh Ritter.

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Speaker 1: I'm sure you, like I, have struck many many juries,

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Speaker 1: and that is a good jury pool. I mean, of course,

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Speaker 1: you're gonna have a lot of bad apples, people that

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Speaker 1: have already and I mean that in a legal sense,

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Speaker 1: not that they're a bad person, but people you can't

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Speaker 1: put on the jury, like you're going to have a

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Speaker 1: couple of cops or their wives or their children, or

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Speaker 1: their uncles, or somebody related to law enforcement, somebody that

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Speaker 1: knows the defense attorneys, somebody there's a distant cousin of

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Speaker 1: a witness, someone that's already decided they did it or

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Speaker 1: they didn't do it. Those are the bad apples I'm

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Speaker 1: talking about that have got to be called out of

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Speaker 1: the jury pool. But out of fifteen hundred jurars, for

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Speaker 1: Pete's sake, Joshua Ritter and then you call it down

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Speaker 1: to forty. You've got the general questions you ask everybody,

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Speaker 1: and if somebody says, hey, I've been a crime victim,

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Speaker 1: they raise their hand. Then you mark that on the

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Speaker 1: jury digest and you void or question them separately. But

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Speaker 1: that's a pretty good jury pool, Josh Ritter. Absolutely, that's

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Speaker 1: a huge jury pool. And you know that they went

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Speaker 1: under extensive questioning to sit on a trial like this,

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Speaker 1: especially Trauva's gonna last this long. I imagine if a

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Speaker 1: large group of those folks weren't time qualified, who can

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Speaker 1: take four months of their life to sit on a trial.

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Speaker 1: In an interesting movement, the judge moving it for out

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Speaker 1: of stand Luis obispo. That is such a rare thing

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Speaker 1: to do, but it must show you just how inflamed

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Speaker 1: and still kind of scarred that community is from her murder. Well,

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Speaker 1: I guess so. I hate change of venues, but I

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Speaker 1: think it's best in this case, as in many other cases.

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Speaker 1: Whether I like it or not, having to drag off

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Speaker 1: to a distant jurisdiction to try a case, I wouldn't

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Speaker 1: like that, but for the sake of a potential conviction,

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Speaker 1: you've got to change the venue. You have to you

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Speaker 1: just got to relocate the prosecutors and the defense. There's

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Speaker 1: really no question about it. If you want to preserve

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Speaker 1: a conviction on a peal, or if you really want

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Speaker 1: a change of venue for the defense, then you've got

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Speaker 1: to take that bitter pill and swallow. Prime stories with

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Speaker 1: Nancy Grace. Guys, we're talking about finally will there be

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Speaker 1: justice for this family? Christinas? Start now? How did the

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Speaker 1: whole thing get started? Take a listen to our friends

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Speaker 1: at Ksby. With shovels in hand, investigators dug underneath ro

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Speaker 1: windfloors as a royal Grande home and at specific locations

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Speaker 1: in the backyard. A neighbor sent me this video showing

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Speaker 1: a part of the excavation site. I mean, it's really

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Speaker 1: nice to see that they're finally making moves on it.

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Speaker 1: You know, it's taking so long for them to dig

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Speaker 1: up this backyard. You could see deputies camped out near

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Speaker 1: the house, going underneath the deck at two entry points

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Speaker 1: with shovels. A panel of this lattice wall was removed

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Speaker 1: to get underneath the house. The areas were extensively searched

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Speaker 1: with cadaver dogs and ground penetrating radar. Monday and Tuesday,

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Speaker 1: crews also moved this blue pump up tent to another

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Speaker 1: section of the backyard, where they dug for about an hour.

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Speaker 1: Thick foliage around the property made it difficult to see

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Speaker 1: the activity. By two pm, yellow tape around the floors

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Speaker 1: his home was taken down the floors, family returning just

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Speaker 1: thirty minutes later. I just hope they find her soon.

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Speaker 1: Sheriff's officials are not releasing any further details about what evidence,

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Speaker 1: if any, was found here. You know what, So much

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Speaker 1: went wrong at the get go, starting with campus police

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Speaker 1: with their thumb up their rari ends calling the family saying, hey,

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Speaker 1: have you seen her? They sat on it for days

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Speaker 1: and did nothing, as so often as the case to you, Karen,

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Speaker 1: start joining me renowned psychologists out of Manhattan. You can

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Speaker 1: find her at Karen dot com. Karen with a C Karen.

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Speaker 1: How many times have you and I sat together other

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Speaker 1: in a darkened studio going, oh, my stars, they've done

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Speaker 1: it again. A woman goes missing and they go, oh,

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Speaker 1: she's probably off with their boyfriend having sex at the

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Speaker 1: motel somewhere, or she ran away. Ran away. Yes, they

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Speaker 1: so many women just run away, don't they wrong? And

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Speaker 1: here it is again, and it has cost all these

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Speaker 1: years because the cops, the campus security cops, screwed up.

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Speaker 1: And I don't like saying that, Karen. You know I'm

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Speaker 1: on the cops side for Pete's sake, but they screwed

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Speaker 1: this up. There's no doubt about it. Nincon. It makes

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Speaker 1: you wonder, you know, you hear too many stories about

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Speaker 1: the fact that, you know, she just didn't want to

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Speaker 1: be found, she was with her boyfriend, she ran away,

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Speaker 1: blah blah blah. I don't want everybody to go crazy

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Speaker 1: on me for this, Karen Start, but I swear I

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Speaker 1: think it's some misogynist thing. You know. Maybe it's not misogynist.

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Speaker 1: Maybe it's that people don't want to accept world where

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Speaker 1: these sorts of things happen. But if I hear one

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Speaker 1: more story about she ran away to be with her

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Speaker 1: pretend boyfriend, I'm going to do a backflip. And we

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Speaker 1: don't want that to happen, Karen Start. We've lived through

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Speaker 1: this so many times. Why do you think cops and others,

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Speaker 1: not just cops, still do it. What do we don't

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Speaker 1: want to believe the girl has been kidnapped and killed?

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Speaker 1: I think that it's not just that they don't want

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Speaker 1: to believe it, Nancy. It's that they don't want to

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Speaker 1: take that response. If you're thinking about Canthic cops the school,

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Speaker 1: you know, they don't want the school to look bad.

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Speaker 1: They don't want to have their reputations tarnish, and it's

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Speaker 1: like they have wishful thinking. You know, maybe this really

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Speaker 1: isn't as bad as it sounds. Well, in this case,

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Speaker 1: the security guard said she quote went camping with friends.

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Speaker 1: Take a listen to County sheriff in Parkinson beginning here today,

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Speaker 1: because this is where it all began, on the campus

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Speaker 1: of Calpola University on May twenty fifth, nineteen ninety six.

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Speaker 1: This was the last place that Kristen Smart was seen alive.

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Speaker 1: It has been twenty four almost twenty five years since

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Speaker 1: Kristen went missing, twenty four years without a resolution until today.

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Speaker 1: I'm here this afternoon to announce the rest of Paul

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Speaker 1: Flores for the murder of Kristen Smart, and the rest

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Speaker 1: of his father, Reuben Flores, as an accessory to the murder.

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Speaker 1: You don't say that a lot. The father arrested along

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Speaker 1: with the son, and I think this maybe before they

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Speaker 1: knew the father called this little girl scrubbed in sunshine,

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Speaker 1: a dirty slut. Now that was a Saint Louis Bespoke

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Speaker 1: County Sheriff in Parkinson. Now listen to our friends ak

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Speaker 1: SBI Paul and Ruben Flores. We're both in suits. For

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Speaker 1: their first in person court appearance, the prosecution argued that

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Speaker 1: additional rape charges should be included in the case against Paul,

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Speaker 1: who was charged with murdering Smart during the commission of

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Speaker 1: rape or attempted rape. Prosecutor Chris Provel revealed in court

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Speaker 1: that during a search of Flores's San Pedro home in

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Speaker 1: twenty twenty, they discovered Google searches for porn related to

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Speaker 1: drunk girls. One search included real drunken girls drugged in

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Speaker 1: raped while passed out. He said they should include alleged

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Speaker 1: victims from the LA area dating back to twenty ten

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Speaker 1: and twenty seventeen. After searching Paul's cell phone in a

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Speaker 1: home video, Provell also said Flora's created home rape videos

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Speaker 1: that were stored on his home computer under a file

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Speaker 1: labeled practice, and called the defendant a serial rapist. He

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Speaker 1: said during a twenty twenty search warrant, they also found

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Speaker 1: date rape drugs at Flores' home. Okay. You know, sometimes

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Speaker 1: I really don't know what to say when you hear

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Speaker 1: something like that and then the camera terms to my face.

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Speaker 1: Because home videos of rapes, home rape videos, Stephanie paganis

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Speaker 1: joining us home rape videos. I'm sure that jury hasn't

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Speaker 1: seen that yet, but that can't be anything good. Sts correct,

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Speaker 1: and a judge actually struck down the prosecution's attempt to

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Speaker 1: introduce these rape allegations. So unfortunately, I do not believe

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Speaker 1: the jury will be hearing these claims, at least not

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Speaker 1: in detail. To Josh Ritter or high profile lawyer are

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Speaker 1: joining us out of LA. I mean I can connect

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Speaker 1: the dots there. You've got home rape videos found at

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Speaker 1: the home of these defendants in a hidden location, and

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Speaker 1: because of what is found on the videos, the state

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Speaker 1: insisted that additional rape charges be included in the case.

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Speaker 1: What do you think about that? I think it's powerful

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Speaker 1: evidence if they can get it in. In California, there's

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Speaker 1: an evidence section called eleven O eight which allows for

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Speaker 1: acts of sexual violence or a sexual assault to be

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Speaker 1: used in a case where somebody is charged with a

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Speaker 1: sex crime, and it can be used in Nancy to

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Speaker 1: show propensity. So it's incredibly powerful evidence. Now the judge

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Speaker 1: at the preliminary you're hearing didn't allow some of this in,

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Speaker 1: so we'll see what happens at trial. But again, when

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Speaker 1: you have evidence this good, prosecutors have to be careful because,

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Speaker 1: like how you would point it out, you want to

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Speaker 1: preserve a conviction in this case. You don't want to

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Speaker 1: make some misstep because you're trying to be overly aggressive.

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Speaker 1: And now a case that took twenty five years to

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Speaker 1: get to trial is going to be thrown out on

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Speaker 1: an appeal because of evidence that you didn't entirely. I

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Speaker 1: don't know. If the state lays their foundation and brings

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Speaker 1: in the video that is titled practice and then Christa

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Speaker 1: Smart goes missing and the use of date rage drugs

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Speaker 1: found in the home, it could very well go to

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Speaker 1: course of conduct, motive, modus operendi, method of operation, scheme,

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Speaker 1: frame of mind. All of those are reasons to allow

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Speaker 1: in extrinsic evidence such as similar transactions. But it's not

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Speaker 1: just the Google searches for real drunk girls drugged and

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Speaker 1: raped while passed out. Take a listen to our friend

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Speaker 1: Alexa Bertola Kspy. He added that four cadaver dogs hit

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Speaker 1: on Flores's mattress in his dorm room, adding they believe

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Speaker 1: Smart died in or around his bed back in nineteen

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Speaker 1: ninety six. The defense fired back, arguing that there is

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Speaker 1: zero evidence of rape, attempted rape, or murder. Attorney Robert

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Speaker 1: Singer said he was very disappointed in the effort to

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Speaker 1: make an emotional argument instead of facts. He said investigators

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Speaker 1: have been focusing on Flores since June six, nineteen ninety six,

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Speaker 1: when Flores stopped talking after voluntarily talking to law enforcement.

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Speaker 1: Singer claims Smart disappear before in Hawaii and all so

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Speaker 1: that three or more people reported the college freshman may

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Speaker 1: have been pregnant at the time she disappeared. The judge

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Speaker 1: ruled that there would be a spillover effect into the

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Speaker 1: current case, which he said has little to no evidence

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Speaker 1: of rape or attempted rape, so the motion to add

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Speaker 1: new rape charges was denied. Joining me right Now, Professor forensics,

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Speaker 1: Jacksonville State University, author of Blood Beneath My Fate on Amazon,

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Speaker 1: and star of a new hit series, Bodybags with Joe

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Speaker 1: Scott Morgan. Jose Scott Morgan Joining me, Joe Scott and

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Speaker 1: Lisa Daddio, director for the Center of Advanced Policing, University,

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Speaker 1: New Haven. First to you, Joe Scott listened to Scott

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Speaker 1: Hennessy k e Yit. Prosecutors will try to prove that

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Speaker 1: the remains of Kristen Smart were buried under the Royal

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Speaker 1: Grande home of Reuben Flores, under a deck in the

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Speaker 1: back of the property, five days after the home was searched.

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Speaker 1: On February fourth of twenty twenty, a neighbor says they

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Speaker 1: saw Paul's mother, Susan Flores, and her boyfriend Mike McConville,

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Speaker 1: pull a trailer into Ruben Flores's backyard near the deck.

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Speaker 1: A longtime renter at the home on White Court says

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Speaker 1: the space undeath that deck was always locked. Authorities returned

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Speaker 1: to search the entire property on March fifteenth. An archaeologists

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Speaker 1: used ground penetrating radar under the deck. The documents say

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Speaker 1: the data showed a large four by six foot anomaly.

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Speaker 1: The experts said they found a major disturbance. Prosecutors argue

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Speaker 1: this is the exact scenario where someone would dig the hole,

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Speaker 1: put in the body, re excavate the hole to remove

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Speaker 1: the body, then fill it back in. Once the body

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Speaker 1: has been removed. The document states samples tested positive for

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Speaker 1: human blood in the area too. Just got Morgan joining

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Speaker 1: us ground penetrating radar. It's a wonderful thing. While you

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Speaker 1: can't in this case, they did not find her body there.

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Speaker 1: They found where the saw, so basically a coffin where

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Speaker 1: a body would be, and the dirt dislodged in the

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Speaker 1: in the same space under their deck. And I'm curious

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Speaker 1: about when they built that deck before or after Kristen

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Speaker 1: was murdered. That's very powerful evidence. I assume both of

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Speaker 1: you and Lisa Daddio have worked with ground penetrating radar.

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Speaker 1: It's amazing. It looks like one of those things you

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Speaker 1: see people on the beach going along with and they're

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Speaker 1: looking for metal like rings or money, and the sand

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Speaker 1: kind of looks like that. Yeah, yeah, it does, and

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Speaker 1: it is a powerful tool, you know, to go back

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Speaker 1: out and try and try first off to locate bodies

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Speaker 1: if they are there. But this is kind of interesting, Nancy.

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Speaker 1: This is actually an area within forensic anthropology and excavation

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Speaker 1: that's referred to as forensic tafonomy forensic what taffonomy, and

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Speaker 1: so the idea is that you know the soil has

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Speaker 1: a natural appearance, like if it's undisturbed, it's tightly packed.

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Speaker 1: Maybe somebody hadn't put a shovel to dirt and years

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Speaker 1: and years and years and years, and the soil has

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Speaker 1: a normal resting position. Okay, but when you begin to

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Speaker 1: turn soil in a particular area, it will have to

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Speaker 1: the naked eye. Sometimes just as a bird's eye view,

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Speaker 1: it'll have a disturbed appearance. Other times you want to

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Speaker 1: appreciate that. But what this ground penetrating radar shows and

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Speaker 1: demonstrates you can actually pass over this area and it'll

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Speaker 1: see you'll see kind of a distinctive outline compared to

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Speaker 1: the rest of the surrounding area, and you can kind

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Speaker 1: of hypothesize, I guess that there is or speculate that

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Speaker 1: there was, that this within a certain scientific certainty, fits

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Speaker 1: a particular profile for where a body or some other

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Speaker 1: objects the size of a body may have rested. And

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Speaker 1: this is even further bolstered by scientific confirmation that you've

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Speaker 1: got human blood there. And you know it's it's it's

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Speaker 1: a great, strong, circumstantial kind of piece of evidence, you

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Speaker 1: know how I describe it. Lisa Daddio joining us directed

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Speaker 1: for the Center for Advanced Policing, University, Newhaven, Lisa. I've

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Speaker 1: described it before as white paper that you put into

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Speaker 1: a xerox machine or to a fax machine, and it's

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Speaker 1: perfectly pristine, flat white. And then take about ten pieces

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Speaker 1: of that same paper and crumble it up and lay

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Speaker 1: it on top, and on top of that put some

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Speaker 1: more pristine white unmant paper. That's what it looks like.

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Speaker 1: You can tell. You can see on the penetrating radar

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Speaker 1: where the soil is completely different from the soil around it.

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Speaker 1: The other soil is settled in layers, compacted, and then

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Speaker 1: you see very clearly disturbed soil. It's very apparent that

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Speaker 1: something had been placed there, somebody dug up something there. Oh, absolutely, Nancy,

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Speaker 1: And it's something that's utilized a lot of times when

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Speaker 1: you know investigators are searching for bodies, because you can

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Speaker 1: see where there's been a disruption of soil, and you

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Speaker 1: know it's previously stated, you can see the size of it,

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Speaker 1: which would be consistent, especially in this case with it

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Speaker 1: being a body. And of course what helped them obviously

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Speaker 1: was the discovery of blood that tested you know, positive

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Speaker 1: basically for being human, and so if it wasn't her well,

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Speaker 1: then whose was it? And another question, Lisa, Daddy, just

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Speaker 1: a common sense question. I would put it to the

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Speaker 1: jury in that opening statement, why the hay because you

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Speaker 1: can't argue we're saying x ray, which is what GPR

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Speaker 1: is grumping the training way are Why the world would

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Speaker 1: they go under their deck? There are a lot deck

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Speaker 1: the door to go under it, it's a lot. You

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Speaker 1: can't get in there. Why would you go under the

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Speaker 1: deck and dig up dirt and then smooth it over

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Speaker 1: on top? Why? Just curious? It makes no sense, Nancy,

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Speaker 1: And it makes perfect sense to me, Daddy, Oh, because

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Speaker 1: they hid her body there and then they moved it.

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Speaker 1: I think it's perfect sense to me for that part

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Speaker 1: of it. For a normal person it makes no sense.

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Speaker 1: But if you're trying to hide a crime, it makes

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Speaker 1: perfect sense. Time stories with Nancy Grace. Listen to this. Everybody,

427
00:27:53,440 --> 00:27:55,840
Speaker 1: you better sit down or maybe lay down for this one.

428
00:27:56,200 --> 00:28:00,480
Speaker 1: Take a listen to Megan Healy Ksby Let's in. Twenty

429
00:28:00,480 --> 00:28:03,600
Speaker 1: four hours after posting bail, ruben Flores is hit with

430
00:28:03,640 --> 00:28:06,919
Speaker 1: a lawsuit filed Thursday morning on behalf of the Smart family.

431
00:28:07,119 --> 00:28:11,119
Speaker 1: Civil attorney James Murphy filed an intentional infliction of emotional

432
00:28:11,200 --> 00:28:15,680
Speaker 1: distressed lawsuit, saying there's compelling evidence Ruben and Susan Flores

433
00:28:15,960 --> 00:28:18,800
Speaker 1: and Susan's boyfriend quote worked through the night under the

434
00:28:18,840 --> 00:28:21,760
Speaker 1: cover of darkness to remove the remains of Kristen Smart

435
00:28:21,960 --> 00:28:24,800
Speaker 1: to avoid having those remains at seven ten White Court

436
00:28:25,000 --> 00:28:27,440
Speaker 1: in the event of an additional search of the property,

437
00:28:27,640 --> 00:28:31,320
Speaker 1: and we have information that the contents of that grave

438
00:28:31,400 --> 00:28:36,520
Speaker 1: site was then offloaded in some manner to another location.

439
00:28:36,920 --> 00:28:40,600
Speaker 1: He alleges that Christen's remains were removed from Ruben's property

440
00:28:40,840 --> 00:28:43,600
Speaker 1: and scattered in the Wazna area after the San Luis

441
00:28:43,640 --> 00:28:47,200
Speaker 1: Obispo County Sheriff's Office served search warrants at the Floores

442
00:28:47,440 --> 00:28:51,760
Speaker 1: home on February fifth, twenty. The civil lawsuit is based

443
00:28:51,840 --> 00:28:56,040
Speaker 1: upon the fact that biological materials were found in the

444
00:28:56,240 --> 00:29:00,480
Speaker 1: ground in a hole adjacent to the wall of reuven

445
00:29:00,600 --> 00:29:03,560
Speaker 1: for is his house and under his deck. Just got

446
00:29:03,600 --> 00:29:08,720
Speaker 1: Morgan translate place biological matter found. Yeah, And what this

447
00:29:08,800 --> 00:29:11,400
Speaker 1: is going to be, Nancy is uh, well to be

448
00:29:11,560 --> 00:29:15,720
Speaker 1: quite frankly decompositional remnant of the body that's been left behind.

449
00:29:15,760 --> 00:29:19,520
Speaker 1: And um, you know, I don't think necessarily anything related

450
00:29:19,560 --> 00:29:22,719
Speaker 1: to a skeletal issue, but you know, anything that may

451
00:29:22,760 --> 00:29:26,160
Speaker 1: be related to fluid, well yeah, fluid fluid, but but

452
00:29:26,240 --> 00:29:29,240
Speaker 1: also I think probably any of the soft tissues. You know,

453
00:29:29,280 --> 00:29:33,640
Speaker 1: we're we're talking about skin, h potentially you know, obviously

454
00:29:33,760 --> 00:29:37,960
Speaker 1: muscle and certainly organ and it does it does liquefy,

455
00:29:38,120 --> 00:29:40,960
Speaker 1: and you know that's that's kind of a saving grace here.

456
00:29:41,000 --> 00:29:42,680
Speaker 1: I think, you know, when you begin to look at it,

457
00:29:42,680 --> 00:29:45,240
Speaker 1: because to this point we don't have any evidence of

458
00:29:45,320 --> 00:29:49,280
Speaker 1: Kristen period. Why can they do DNA analysis on it?

459
00:29:49,560 --> 00:29:53,520
Speaker 1: I think that it would probably be too degraded in soil. Yeah,

460
00:29:53,520 --> 00:29:54,960
Speaker 1: it would be because there will be a lot of

461
00:29:54,960 --> 00:29:58,000
Speaker 1: cross contamination. I think one of the issues here though,

462
00:29:58,040 --> 00:30:00,160
Speaker 1: if they could ever and when they're seeing scattered, I

463
00:30:00,200 --> 00:30:02,880
Speaker 1: don't know what that means. Are you talking about that

464
00:30:02,920 --> 00:30:05,720
Speaker 1: her remains have been rendered down after she was removed

465
00:30:05,960 --> 00:30:09,120
Speaker 1: or does that mean that the body was to a

466
00:30:09,240 --> 00:30:13,480
Speaker 1: point in again graphic here where you could literally pull

467
00:30:13,520 --> 00:30:17,080
Speaker 1: the bones apart what remained and they scattered that they

468
00:30:17,120 --> 00:30:19,760
Speaker 1: have some kind of information they're intimating here, and I

469
00:30:19,800 --> 00:30:23,600
Speaker 1: find that kind of interesting. If they could recover perhaps

470
00:30:24,760 --> 00:30:27,200
Speaker 1: a long bone, it has like a really hearty head

471
00:30:27,200 --> 00:30:29,480
Speaker 1: to it, you know, like the head of the not happening. Yeah,

472
00:30:29,520 --> 00:30:31,600
Speaker 1: I just I don't see that it would. But I'm

473
00:30:31,600 --> 00:30:33,520
Speaker 1: just I'm just holding out hope here, Nancy. That's the

474
00:30:33,520 --> 00:30:35,760
Speaker 1: only way that would ever happen. As if one of

475
00:30:35,760 --> 00:30:38,520
Speaker 1: these codefendants turned on the other one and said where

476
00:30:38,560 --> 00:30:42,120
Speaker 1: they hid the body. But that body, Kristen Smart's body

477
00:30:42,240 --> 00:30:45,000
Speaker 1: was under that deck from God only knows how long.

478
00:30:45,360 --> 00:30:48,080
Speaker 1: And this Evans proves it. Let's they had another body

479
00:30:48,240 --> 00:30:51,040
Speaker 1: under their deck. How the whole thing happened? Take a

480
00:30:51,080 --> 00:30:54,040
Speaker 1: list an hour cut sixty two our Frenzy kio n.

481
00:30:54,640 --> 00:30:58,400
Speaker 1: During opening statements, Deputy District Attorney Christopher Perella from San

482
00:30:58,480 --> 00:31:02,080
Speaker 1: Luis Obispo County aims great for the heartstrings of jurors.

483
00:31:02,120 --> 00:31:04,600
Speaker 1: He started by letting them know about a ritual that

484
00:31:04,720 --> 00:31:08,640
Speaker 1: Kristen Smart had with her family, calling home every Sunday morning.

485
00:31:09,480 --> 00:31:12,040
Speaker 1: Those calls came to an end in nineteen ninety six,

486
00:31:12,080 --> 00:31:15,120
Speaker 1: and instead it was Paul Floras who was able to

487
00:31:15,120 --> 00:31:17,760
Speaker 1: make a phone call home on May twenty fifth, nineteen

488
00:31:17,840 --> 00:31:21,360
Speaker 1: ninety six, to his father. Prosecutors say that was after

489
00:31:21,520 --> 00:31:25,920
Speaker 1: he killed Kristen Smart. Opening statements then went on to

490
00:31:26,040 --> 00:31:29,080
Speaker 1: include a long list of evidence that will be presented

491
00:31:29,080 --> 00:31:32,400
Speaker 1: in this trial, including witness testimony from students at the

492
00:31:32,440 --> 00:31:36,320
Speaker 1: off campus party where Smart was last seen. Witnesses then

493
00:31:36,360 --> 00:31:40,280
Speaker 1: will describe her as incapacitated after having sat with the defendant,

494
00:31:40,280 --> 00:31:44,560
Speaker 1: Paul Floras. Those same witnesses recall how Flora's insisted on

495
00:31:44,600 --> 00:31:47,840
Speaker 1: walking Smart to her dorm room at two am. The

496
00:31:47,920 --> 00:31:52,360
Speaker 1: prosecutor will also present allegations from women who claimed to

497
00:31:52,400 --> 00:31:55,120
Speaker 1: have been drugged and raped by Flora's in their early

498
00:31:55,120 --> 00:31:59,840
Speaker 1: two thousands. You know, Karen's dark just hearing that about

499
00:32:00,080 --> 00:32:03,200
Speaker 1: their family ritual on Sunday morning, they would all get

500
00:32:03,240 --> 00:32:06,440
Speaker 1: together for a phone call. It reminds me so much,

501
00:32:06,440 --> 00:32:08,920
Speaker 1: and sometimes even on the receiving end of these calls,

502
00:32:09,560 --> 00:32:12,480
Speaker 1: when I lived far, far, far away from my family,

503
00:32:12,600 --> 00:32:15,520
Speaker 1: before I was married, before I had the twins, and

504
00:32:15,800 --> 00:32:20,600
Speaker 1: every Sunday in New York, walking home from church, come

505
00:32:20,720 --> 00:32:24,600
Speaker 1: rain or shine, snow or sleet as you would have

506
00:32:24,640 --> 00:32:26,960
Speaker 1: in New York, on the way home from church, I

507
00:32:26,960 --> 00:32:30,320
Speaker 1: would call home because I knew they would all be

508
00:32:30,520 --> 00:32:33,400
Speaker 1: just getting in from church and everybody would be getting

509
00:32:33,440 --> 00:32:36,640
Speaker 1: ready for Sunday lunch. I would then call my sister

510
00:32:36,720 --> 00:32:42,400
Speaker 1: around in California. My brother friends sometimes you because that

511
00:32:42,440 --> 00:32:44,960
Speaker 1: was kind of a lonely time coming home all by

512
00:32:45,000 --> 00:32:48,760
Speaker 1: yourself after church. But for them that was a happy time.

513
00:32:49,040 --> 00:32:51,920
Speaker 1: On Sunday morning, they all talk on the phone and

514
00:32:52,000 --> 00:32:57,120
Speaker 1: they knew right then something was wrong when she didn't call.

515
00:32:57,440 --> 00:33:01,840
Speaker 1: I remember it so well as that you would make

516
00:33:01,880 --> 00:33:05,840
Speaker 1: those phone calls, and it's not unusual. Families do that

517
00:33:05,960 --> 00:33:10,080
Speaker 1: a lot. And Sunday is the day. And when I

518
00:33:10,160 --> 00:33:13,800
Speaker 1: think about this family and the fact that they not

519
00:33:13,960 --> 00:33:16,840
Speaker 1: only had this ritual, but they talk about through the

520
00:33:16,960 --> 00:33:21,760
Speaker 1: years when they hear stories about other children that are missing,

521
00:33:22,200 --> 00:33:24,640
Speaker 1: and how it brings it all back for them. They're

522
00:33:24,680 --> 00:33:29,360
Speaker 1: getting traumatized again. It never ever goes away for them.

523
00:33:29,800 --> 00:33:33,240
Speaker 1: So just imagine that they're there and they're having this

524
00:33:33,360 --> 00:33:36,240
Speaker 1: wonderful day and all of a sudden they don't hear

525
00:33:36,240 --> 00:33:39,800
Speaker 1: from their daughter, and they expect to. They're used to it,

526
00:33:40,000 --> 00:33:42,800
Speaker 1: you know. Josh Ridder, I'm curious, and this is neither

527
00:33:42,840 --> 00:33:45,000
Speaker 1: here nor there as it goes to evidence in this case.

528
00:33:45,000 --> 00:33:49,520
Speaker 1: But your high profile criminal defense attorney, former prosecutor, you

529
00:33:49,600 --> 00:33:55,200
Speaker 1: are with Worksman Jackson and Quinn. That's not shabby, Josh,

530
00:33:55,280 --> 00:33:58,040
Speaker 1: What do you do as a defense attorney when evers

531
00:33:58,280 --> 00:34:01,320
Speaker 1: like that comes out and you're sitting there and by

532
00:34:01,320 --> 00:34:05,040
Speaker 1: your defendant, the killer, and the jury looks over at you.

533
00:34:05,200 --> 00:34:08,319
Speaker 1: I mean, do you tense up, do you cleanse your

534
00:34:08,320 --> 00:34:12,959
Speaker 1: teeth or anything else? Well, everybody's looking at you. Yeah,

535
00:34:13,000 --> 00:34:17,160
Speaker 1: it's it's an incredibly tense moment in court. It's hard

536
00:34:17,200 --> 00:34:20,560
Speaker 1: to hard to sit through moments like that. It's hard

537
00:34:20,560 --> 00:34:22,319
Speaker 1: to keep your eyes dry. I don't care what side

538
00:34:22,320 --> 00:34:24,879
Speaker 1: of the table you're you're sitting on to hear about

539
00:34:24,920 --> 00:34:28,680
Speaker 1: the loss and continued pain that this family has suffered.

540
00:34:29,640 --> 00:34:33,200
Speaker 1: As the defense, I don't know what the plan is.

541
00:34:33,239 --> 00:34:35,279
Speaker 1: I think the plan is to just highlight the fact

542
00:34:35,320 --> 00:34:38,760
Speaker 1: that there is no direct physical evidence to point towards

543
00:34:38,800 --> 00:34:40,920
Speaker 1: their client and just continue to pound the table with

544
00:34:41,040 --> 00:34:44,160
Speaker 1: that idea. But for the prosecution, this is going to

545
00:34:44,200 --> 00:34:46,840
Speaker 1: become a death by a thousand cuts. All these little

546
00:34:46,840 --> 00:34:49,799
Speaker 1: pieces of circumstantial evidence, They're going to begin to build

547
00:34:49,880 --> 00:34:52,000
Speaker 1: up and build up, and build up and tear down

548
00:34:52,080 --> 00:34:55,759
Speaker 1: any kind of reasonable doubt that those jurors might have to.

549
00:34:55,960 --> 00:34:59,240
Speaker 1: Stephanie Pagonus, Carme and Porter with Fox and News Digital,

550
00:34:59,560 --> 00:35:02,520
Speaker 1: did you walk us through for anyone that doesn't know

551
00:35:02,680 --> 00:35:08,400
Speaker 1: what happened to Kristen's Smart is gorgeous, brilliant, all a

552
00:35:09,600 --> 00:35:16,440
Speaker 1: scrubbed in sunshine girl. She goes to cal Poly Technic

553
00:35:16,480 --> 00:35:21,480
Speaker 1: State University in Saint Louis, Bisco. And that night what happened, Yes,

554
00:35:21,640 --> 00:35:24,360
Speaker 1: Nancy So, she was a freshman at cal Poly. She

555
00:35:24,440 --> 00:35:27,800
Speaker 1: was nineteen years old. She had attended a frat party,

556
00:35:28,120 --> 00:35:30,200
Speaker 1: or I believe it was an unofficial frat party, we

557
00:35:30,239 --> 00:35:34,879
Speaker 1: should say, near cal Poly campus. Witnesses and friends who

558
00:35:34,880 --> 00:35:37,040
Speaker 1: were at the party with her said she had a

559
00:35:37,040 --> 00:35:39,840
Speaker 1: bit to drinks. Now, I'm not sure how much that

560
00:35:39,960 --> 00:35:43,399
Speaker 1: will play into the case here, but witnesses have said

561
00:35:43,440 --> 00:35:47,640
Speaker 1: that Smart left the party with three fellow students, one

562
00:35:47,719 --> 00:35:51,800
Speaker 1: of whom was Paul Flores. Two of the others then

563
00:35:52,040 --> 00:35:57,680
Speaker 1: left the pair before they reached Christin's Smart Storm. They

564
00:35:57,680 --> 00:36:00,960
Speaker 1: walked back to their own residences. Paul Flore told police

565
00:36:01,280 --> 00:36:04,880
Speaker 1: he claimed he dropped her off on campus near the

566
00:36:04,880 --> 00:36:08,600
Speaker 1: intersection of Grand Avenue and Perimeter Road, but Smart was

567
00:36:08,640 --> 00:36:13,239
Speaker 1: never spotted after that. And then, of course we have

568
00:36:13,960 --> 00:36:21,280
Speaker 1: the standard tried and true blame the victim strategy going

569
00:36:21,320 --> 00:36:24,239
Speaker 1: on in our cut sixty. Take a listen to our

570
00:36:24,280 --> 00:36:27,880
Speaker 1: freens a k e Yt. Then it was time for

571
00:36:28,160 --> 00:36:31,400
Speaker 1: defense attorney Robert Singer to respond. In his opening statements,

572
00:36:31,560 --> 00:36:34,239
Speaker 1: he said that although this is a tragic situation, there

573
00:36:34,320 --> 00:36:37,120
Speaker 1: is quote no evidence what happened to her, Singer explaining

574
00:36:37,200 --> 00:36:40,200
Speaker 1: Hill show Smart was engaged in at risk behavior also

575
00:36:40,239 --> 00:36:42,960
Speaker 1: had a history of line. He also said Flores has

576
00:36:43,000 --> 00:36:45,719
Speaker 1: been the victim of a concerted media campaign from the

577
00:36:45,800 --> 00:36:49,040
Speaker 1: very start to paint him as the killer. Saner also

578
00:36:49,040 --> 00:36:52,080
Speaker 1: added a law enforcement has no case reporting resorting. I

579
00:36:52,080 --> 00:36:56,040
Speaker 1: should say to using sting operations several times throughout the

580
00:36:56,080 --> 00:36:58,560
Speaker 1: many years that have gone by. He also questioned the

581
00:36:58,600 --> 00:37:02,640
Speaker 1: credentials and the accuracy the forensic experts the prosecution and

582
00:37:02,800 --> 00:37:06,759
Speaker 1: tends to testify, including dog handlers and soil scientists. Also

583
00:37:06,800 --> 00:37:10,480
Speaker 1: says that evidence will not support supposed timelines the prosecution

584
00:37:10,760 --> 00:37:12,880
Speaker 1: will present, saying or ended up by saying to the

585
00:37:12,920 --> 00:37:15,080
Speaker 1: jurors quote, I am going to ask you to find

586
00:37:15,160 --> 00:37:18,279
Speaker 1: Paul Flores not guilty. Well you may ask for it,

587
00:37:18,320 --> 00:37:21,880
Speaker 1: but I pray to God you don't get it. Why

588
00:37:22,280 --> 00:37:26,080
Speaker 1: because of lies talking about someone lying. Other than blaming

589
00:37:26,200 --> 00:37:29,719
Speaker 1: Kristen Smart for at risk behavior, their words not mine

590
00:37:29,719 --> 00:37:32,439
Speaker 1: for going to a party. I want you to take listen,

591
00:37:32,440 --> 00:37:36,919
Speaker 1: hour cut fifty one our forensic Katla Listen. Investigators say

592
00:37:37,320 --> 00:37:41,480
Speaker 1: damning evidence was found at both including blood evidence and

593
00:37:41,680 --> 00:37:46,839
Speaker 1: clothing fibers underneath Ruben's back porch showing that's Smart had

594
00:37:47,000 --> 00:37:52,359
Speaker 1: once been buried there forensic physical evidence was located and yes,

595
00:37:52,480 --> 00:37:56,160
Speaker 1: we believe it's linked to Kristen. Last spring, Paul was

596
00:37:56,239 --> 00:37:59,279
Speaker 1: arrested at a San Pedro home where he's lived since

597
00:37:59,320 --> 00:38:02,560
Speaker 1: twenty eleven, and for Smart's murder. It happens to be

598
00:38:02,760 --> 00:38:05,640
Speaker 1: that he's been lying to us. That is really gonna

599
00:38:05,760 --> 00:38:09,080
Speaker 1: you know, and it's gonna make me feel stupid, you know,

600
00:38:09,520 --> 00:38:13,080
Speaker 1: because he said he didn't. His father was also arrested

601
00:38:13,200 --> 00:38:17,799
Speaker 1: for accessory in Smart's disappearance. Now, twenty six years later,

602
00:38:18,160 --> 00:38:21,680
Speaker 1: Paul Flores and his father are set to stand trial.

603
00:38:21,960 --> 00:38:24,360
Speaker 1: Take a listen, hour cut fifty eight our friends at

604
00:38:24,400 --> 00:38:29,200
Speaker 1: CBS Sacramento. Up first, Chris Prevel, an assistant district attorney

605
00:38:29,239 --> 00:38:32,080
Speaker 1: who told the jury point blank, the evidence will show

606
00:38:32,200 --> 00:38:35,439
Speaker 1: Kristen was murdered by Paul Flores. He took the jury

607
00:38:35,480 --> 00:38:39,120
Speaker 1: back twenty six years to nineteen ninety six. The iPhone

608
00:38:39,160 --> 00:38:42,399
Speaker 1: didn't exist. Bill Clinton was the president, and since then,

609
00:38:42,560 --> 00:38:45,680
Speaker 1: he said, quote a lot has changed. What has not

610
00:38:45,880 --> 00:38:49,400
Speaker 1: changed since nineteen ninety six, Privel explained, was what he

611
00:38:49,560 --> 00:38:54,000
Speaker 1: called Flores's predatory behavior towards women. Into the courthouse for

612
00:38:54,120 --> 00:38:58,719
Speaker 1: his son and his own opening statements, Reuben Flores, attorneys

613
00:38:58,719 --> 00:39:01,000
Speaker 1: for the Flores father and son duo, told the jury

614
00:39:01,040 --> 00:39:04,440
Speaker 1: there's no body, no physical evidence, and no forensic evidence

615
00:39:04,480 --> 00:39:08,440
Speaker 1: that linked Paul to Kristen's disappearance. Paul left her at

616
00:39:08,480 --> 00:39:11,000
Speaker 1: the dorms, his attorney said, and asked the jury to

617
00:39:11,080 --> 00:39:14,440
Speaker 1: focus on the evidence, or what he described as quote

618
00:39:14,719 --> 00:39:21,239
Speaker 1: sort of evidence right now, this trial underway. We wait

619
00:39:21,719 --> 00:39:26,760
Speaker 1: as justice unfalls. Nancy Grace Crim's story signing off goodbye friend,