Kristin Smart

Kristin Smart was 19 years old when she disappeared from San Luis Obispo, CA on May 24, 1996.

Kristin has already been declared dead, so this isn’t a missing person per se.  I wanted to write it up because the story itself is so frustrating.   It is known that Kristin is dead and it is known who killed her, but sadly, he can’t be prosecuted because the police screwed up and there is no body.

I don’t know what I would do if I were Kristin’s mom. I would definitely want her body back, but because of the sheriff making a mistake, her killer will no longer entertain a plea agreement.

Kristin was finishing up her freshman year at California Polytechnic State University (Cal Poly), majoring in architecture. It was Memorial Day weekend, and her roommate went home. Kristin was planning to stay on campus that weekend and look for a party. By all accounts, Kristin was naïve .

Around 8PM on May 24, 1996, she left with two friends to go “look for a party.” The friends flagged down a man in a pickup, and they all drove around looking. About two hours later, they came upon a small (around 20 people) party at a house off campus. Her friends, however, sensed something was off and they didn’t see anyone they knew, so they bowed out. Kristin went to the party alone.

Kristin’s behavior at the party was off. She was acting like she was drunk, flirting, hanging on men and she told people her name was “Roxy.” No one knew who she was and her behavior made others avoid her.  Some witnesses said she was drinking heavily, others say she was not drinking at all. (This is probably due to the fact that most witnesses were also drinking) Paul Flores was at the party and hitting on women, even women who were there with their boyfriends.  Kristin may well have been drugged with a date-rape drug.

The next thing that is known is Kristin was found lying face down in the neighbor’s lawn.

A senior student named Tim Davis got her up on her feet and started to walk her back to her dorm.  He was joined by Cheryl, who knew Kristin slightly. It was normally a ten minute walk, but because of Kristin’s condition, it took much longer. While they were walking, Paul Flores appeared out of nowhere and also started to assist with walking Kristin. None of them knew Kristin outside of the party that night, but Cheryl and Paul were acquaintances.

The four of them were about two blocks away from the campus when Tim went in a different direction to go home, leaving Kristin with Paul and Cheryl.  They walked together for another block, then Cheryl asked if Paul was okay walking her the rest of the way. Paul said he would be, then asked Cheryl for a kiss. Cheryl said no. He then asked her for a hug. Cheryl again said no and hurried away. Although this would have raised red flags to Cheryl about Kristin’s safety, she was cold, slightly intoxicated and really wanted to get home. She trusted that Paul would just bring Kristin back to her dorm, as their dorms were close to each other.

Paul was seen the next evening at another party, sporting a black eye.

Kristin’s roommate returned on Sunday and noticed that all of Kristin’s things were at the end of the bed, where she left them. She asked around and no one had seen Kristin since Friday, so she called campus police. The campus police didn’t investigate immediately, as it was Memorial Day weekend and they thought she might have “flown somewhere” or changed her mind and gone home after all. It wasn’t until Monday evening that the campus police called Kristin’s parents.

On Tuesday, the Smart family tried to file a missing persons report, but was told it was too early, and Kristin probably “ran away.”

It was nearly a week before campus police decided to interview students who might have seen Kristin or been involved in her disappearance.

Paul Flores was the last to see Kristin and came to the interview with a black eye with what appeared to be defensive scratches on his arm. Despite this, campus police accepted Paul’s version of the story and concluded there was no indication of foul play.  They did not photograph Paul’s injuries. The campus police also allowed the cleaning staff to clean both Paul and Kristin’s rooms, therefore possibly eliminating physical evidence that could have been useful to solving the case.

It was several weeks before the Cal Poly campus police agreed to file a missing persons report. On that report, they stated that Kristin’s parents told them she had been on a camping trip. This was not true; Kristin did not like camping. Most likely, that was added to the report to try to minimize the responsibility of the campus police.

A month after Kristin disappeared, the campus police realized they were in over their heads and called in the San Luis Obispo District Attorney. The first thing the DA did was re-interview Tim, Cheryl and Paul. Paul had several different stories about the black eye.  He told campus police that he had gotten elbowed during a pick-up basketball game. When they interviewed the other players, they all said that Paul already had the black eye on Saturday. One player also volunteered that Paul had scratches on his knees as well.

When confronted with the testimony of the fellow basketball players,  Paul changed his story and said he got the black eye from the steering wheel of his truck, while installing a stereo. Flores did have a truck on campus, despite having a suspended license for DUI. However, the police never asked to see his truck until a year later. Paul claimed the truck had been stolen.

Paul initially told campus police and San Luis Obispo police that he left Kristin by the door of her dorm, then walked to his dorm.

 Paul had only been at Cal Poly for one school year at the time of Kristin’s disappearance, but had already had encounters with the police.

In December of 1995, an intoxicated Paul Flores had been apprehended. He was suspected of being a peeping tom and/or attempting a break-in of a coed’s off-campus apartment by climbing her balcony. He was told to leave and was not arrested. Luis Obispo Police Department did not notify the Cal Poly Police Department of this incident.  

A few months later, on February 2, 1996, he was arrested for driving while intoxicated and was convicted the next month. 

Finally, on March 27, 1996, the three co-eds involved with the case in December filed a criminal complaint against Flores for making harassing phone calls to them. (The police report is here.)

The DA did not have enough evidence to bring charges, so he decided to bring in cadaver dogs on the off chance they would find Kristin’s body. There were four cadaver dogs (two labs, two border collies) who all independently “hit” on Paul’s former room. They hit specifically on a mattress, telephone and a garbage can. To be sure the dogs were not hitting improperly, the police moved the garbage can to the hallway, and put it with all of the other garbage cans from other rooms. All four dogs again hit on that garbage can. However, since the room had been cleaned, there was no physical evidence found in Paul’s room to prove Kristin had been in the room.

The police also searched Paul Flores’ parents’ home 7 weeks after Kristin’s disappearance, but they did not search the cars or use cadaver dogs. They also did not get phone records to verify if Paul called anyone that night.

A second search was done four years after Kristin’s disappearance, but there were restrictions on the warrant that did not allow them to dig up the yard. The yard was finally dug up in 2007, and no evidence was found that Kristin was buried there. Yes, it is odd that the family poured concrete at the same time as Kristin disappeared, but it does seem to be just an odd coincidence.

Paul Flores, through his attorney, later offered to tell police where Kristin’s body was in exchange for a misdemeanor charge.  The DA attempted to negotiate a plea bargain in which Paul would plead guilty to involuntary manslaughter and serve six years. Paul declined this offer. Then, the Sheriff held a press conference in which he said that unless Paul gives up information, they will never be able to prosecute him. Paul began pleading the fifth and has until this day.

The Smart family filed a civil wrongful death suit against Paul to try to get information about what happened to their daughter, but withdrew the suit because Paul continued to plead the fifth. I don’t blame him; he has been told that he is free to go. Why would he plead to anything?

The only hope for any resolution in this case is for Kristin’s body to be found or for someone who knows something to talk. I don’t know if a body can even be found 18 years later, and of course Paul’s family isn’t going to say anything. I will be really happy if it gets solved, but I don’t see it happening. I personally believe that Paul slipped something into her drink with the intent to rape her.  He got her back to his dorm and she fought back, causing the defensive wounds and black eye. Then he either accidentally or intentionally killed her, called his dad, and he helped him get rid of the body. I might be completely wrong, but that is what makes sense to me.