Flores Preliminary Hearing: Both sides rest, ruling expected Wednesday
SAN LUIS OBISPO, Calif. – The marathon preliminary hearing in the Kristin Smart case that started back on August 2 is finally beginning to wind down.
On Monday, the prosecution rested its case as the defense team opted not to present any new evidence or call a single witness.
The focus now shifts to judge Craig van Rooyen who will decide if there is enough evidence for the case to go to trial. Van Rooyen is expected to announce whether the case will proceed to a jury trial on Wednesday.
The Paul Flores preliminary hearing resumed Monday after an 11-day break with the prosecution calling its final witnesses.
Among those on the stand Monday, a key witness that has drawn a lot of attention during the now 7-week long proceeding. Jennifer Hudson was first on the stand in the morning. She first testified back on August 12.
During questioning that day, she said Paul Flores told her in the summer of 1996 he had buried Kristin Smart under a skateboard ramp in Huasna. She said she never told police because she was scared for her safety.
Monday, the defense attorney representing Ruben Flores began cross examination, diving into her background.
Attorney Harold Mesick questioned Hudson about her association with what he called an "outlaw motorcycle gang," and questioned her about prior drug use.
Hudson admitted to briefly being involved with the gang as an adult, as well as using drugs, but said both are in her past.
She was also questioned about several discussions she had with Chris Lambert, the host of the popular podcast "Your Own Backyard." The defense questioned whether the podcast spurred her memory of the events or created them.
"Under no circumstances are my memories created," Hudson said.
She later expressed frustration with Lambert as well as her former friend Justin Goodwin saying both were "playing cops."
Hudson confided to Goodwin in 2002 about what she claims Paul Flores told her. Several years later, Goodwin tipped police about what Hudson told him.
She also said Lambert asked her not to share details of their conversations with lead detective Clint Cole.
After hearing testimony from more than two dozen witnesses, the prosecution finished laying out its case to judge Craig van Rooyen. At the end of the weeks-long hearing, Van Rooyen will rule if there is enough evidence for the case to go to trial. He is expected to make that decision later this week.
Paul and Ruben Flores were arrested earlier this year in April. Paul Flores is accused of killing Smart, while Ruben Flores has been charged as an accessory in the crime.
Both have pleaded not guilty to the charges. Paul Flores remains jailed without bail. Ruben Flores is out of custody after posting bail following his arrest.
Digital communication is limited during this preliminary hearing. We will continue to bring you updates on air and online throughout the process.
