Ruben Flores to be released on $50K bail, surrender passport and receive ankle monitor

Cassie Dickman
The Record
Ruben Flores

Bail for Ruben Flores was set at $50,000 Wednesday afternoon. Flores is accused of helping his son, Paul Flores, cover up the alleged murder of Stockton college student Kristin Smart. 

Paul Flores has long been the sole person of interest in Smart’s 1996 disappearance.  

The father and son were arrested and charged last week in connection with the 19-year-old Lincoln High School student’s death more than 25 years after she went missing from the Cal Poly University campus in San Luis Obispo. Both Paul and Ruben Flores pleaded not guilty at an arraignment hearing Monday. 

Paul Flores is facing first-degree murder charges in the commission of a rape, while Ruben Flores is charged for accessory after the fact for allegedly assisting in hiding Smart's body after she was killed. 

The judge in the case, Craig B. van Rooyen, granted the prosecution’s request Monday to hold Paul Flores in custody pending the outcome of the trial, determining that he was both a flight risk and posed a danger to the community. However, van Rooyen scheduled an additional bail hearing after ruling that Ruben Flores was neither and should be allowed bail.  

Authorities say that Flores, now 44, killed Smart in his Cal Poly dorm room in San Luis Obispo while raping or attempting to rape her. 

Investigators and Smart's family had focused on former fellow Cal Poly student Paul Flores, the last person seen with Smart, since the early days of the investigation. The simultaneous arrest of both Paul and Ruben Flores last week marked a dramatic development after nearly a quarter-century. 

Judge van Rooyen said at Wednesday’s bail hearing that judgement on bail was made after reviewing Ruben Flores’ financial declaration and additional information submitted by the prosecution. He added that the premium on a bail bond is typically 10%. 

“I believe ... he is able to afford that,” van Rooyen said.  

Upon posting bail, van Rooyen also stipulated that Ruben Flores stay within San Luis Obispo County, submit to electronic ankle monitoring and must submit his passport to the court for safe keeping within 24 hours of release. 

Peuvrelle argued Wednesday that Ruben Flores was more than capable of affording the original $250,000 amount set by a judge last week and that bail should not be reduced any further. 

Ruben Flores' attorney, Harold V. Mesick, told the court that legal fees had already put a strain on his client’s finances, forcing him to dip into his retirement fund.  

On Monday, Mesick argued there was no justifiable reason for his client to remain in jail, citing his ties to the community, accomplishments, civic membership, lack of criminal history, advanced age and numerous health conditions. 

“As far as posing a threat to the community, he is 80 years old,” Mesick said. “He is a medical nightmare for the jail." 

Mesick said that if Ruben Flores remains in jail much longer his part in legal proceedings will be resolved by his "unnatural death." 

Judge van Rooyen also said that he was concerned that by holding Ruben Flores in jail pending the outcome of a trial could mean that he would serve the maximum sentence carried by the crime he's accused of before ever being convicted. 

"We don't punish someone before he has been convicted," van Rooyen said. 

Arguments made by the prosecution for denying bail also included that allowing Ruben Flores to be released could mean that he would continue to tamper with evidence, Judge van Rooyen said. 

"He's been engaged in ongoing felonious, crime of accessory after the fact for murder," Peuvrelle said. "So while he hasn't been convicted or charged with a crime, he's been continuing to assist the coverup of this murder committed by Paul Flores for 25 years." 

However, van Rooyen also said that argument was not sufficient under precedent to deny bail. 

Authorities have denied requests for comment regarding evidence that led to the arrests of Paul and Ruben Flores due to search warrants being under seal. Judge van Rooyen also ruled in favor of a protective order requested by the defense that would limit what attorneys could say about the case publicly, which aims to keep information from prejudicing the proceeds. 

Defense lawyers have criticized the evidence used to arrest both men last week. Attorney Harold Mesick said Monday that the evidence against the father was “so minimal as to shock the conscience.” 

Some information has been released. Authorities said last week they had not found Smart's body but believed they knew the location where she is likely to be hidden. 

Court documents filed before Monday's arraignment hearing that were not meant to be released publicly also say investigators have biological evidence indicating Smart was once buried under Ruben Flores’ deck behind his home in nearby Arroyo Grande. 

A preliminary hearing for both Paul and Ruben Flores, which is estimated to take 12 days, is set for 1:30 p.m. on July 6. Two pre-preliminary hearings are also scheduled for May and June. 
