Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Aug 6, 2021 11:07:38 GMT -6
It's so wild to me that Scott and Lacey and Paul were all at Cal Poly at the same time.
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jaygee
Diamond
Posts: 28,292 Likes: 219,901
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Post by jaygee on Aug 6, 2021 11:09:57 GMT -6
It's so wild to me that Scott and Lacey and Paul were all at Cal Poly at the same time. And I was almost there a year later.
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Radley
Sapphire
Posts: 3,272 Likes: 13,750
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Post by Radley on Aug 7, 2021 19:35:29 GMT -6
While I agree with Margarita Campos’ frustration with the police, I find her to be a rather unreliable narrator.
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auburn
Sapphire
Posts: 3,558 Likes: 12,880
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Post by auburn on Aug 10, 2021 20:45:14 GMT -6
This shit just keeps getting crazier.
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Aug 10, 2021 21:34:03 GMT -6
DAY 5 This text was transcribed from handwritten notes taken in the courtroom. They are not verbatim. On the record at 10:22am
At a chambers conference this morning, an issue was brought to the court’s attention regarding potential witnesses not being allowed to stay in the courtroom. Judge van Rooyen rules witnesses wait outside until they are called, with the exceptions of Stan Smart, Denise Smart, and Susan Flores.
(No one leaves the courtroom, and it is unclear which potential witnesses are being referred to)
Prosecutor Christopher Peuvrelle calls Detective Clint Cole back to the stand, and Defense Attorney Robert Sanger resumes his cross-examination from 8/5. Questions focus on other potential suspects and whether they were thoroughly investigated.
Sanger asks Cole if the interviews of Laura **** (Defense Exhibit 605) and Shahn **** (Defense Exhibit 606) were available to law enforcement at the time that they filed search warrant affidavits related to the case. The Judge sustains Peuvrelle’s objection that this calls for speculation, and adds, “You’re asking about something that happened before he was working there.” Sanger asks if those interviews were available when Detective Cole took over the case. Cole says they were. Sanger asks when Detective Cole received access to files on the Kristin Smart case. Cole says he was assigned the case in September of 2017.
Sanger establishes that in 1996, Laura **** was the roommate of Kristin Smart for the first two quarters of school. Cole says yes. [ed. note: Laura was Kristin’s roommate in 1995 and part of Winter 1996 at Stenner Glen.] Sanger asks if Laura told investigators about an ex-boyfriend of Kristin’s named Shahn ****, who reportedly set her shoes on fire and left them on her doorstep with ‘a mean note’. Cole says Laura did tell investigators about that.
Sanger asks if Shahn ****, in his interview with Sheriff’s Detective Henry Stewart, said that he “met Kristin Smart at a party” and then they “kind of dated on and off”. Cole says that’s correct. Sanger asks if Shahn admitted to lighting Kristin’s shoes on fire. Cole says yes. Sanger asks if Shahn told investigators that he lit her shoes on fire because she was telling her friend Trista “lies about him”. Cole says that’s correct. Sanger asks if Shahn said that he and Kristin “made up” after the shoe incident. Cole says that’s correct.
Sanger produces Defense Exhibit 614 (an interview with Kim **** by Sheriff’s Detective Steve Crawford on January 16, 1999). He asks Detective Cole if Kim **** told Detective Crawford that Kristin had reported a male named “Yanish” to a Muir Hall Resident Advisor for “standing outside her window”. Cole says that’s what Kim said. Sanger asks if anyone ever determined who “Yanish” was. Cole says he attempted but was unsuccessful in finding anyone by that name at Cal Poly. Sanger introduces Defense Exhibit 625, an FBI questionnaire filled out March 11, 1999 by a student named Janusz ****, who said he lived in Muir Hall Room 237. When asked whether he knew Kristin Smart, Janusz responded “had a class with her, same dorm.” Cole says that’s correct. Sanger introduces Defense Exhibit 626, a photograph of an incident report collected from Kristin Smart’s dorm room. The report indicates that Janusz **** stated that Kristin Smart had left several blank messages on his answering machine, and on April 28, 1996, walked into his room without permission while he was sleeping. Peuvrelle objects that there is no indication that this person was the same “Yanish” the Defense claims may have been reported for standing outside of Kristin Smart’s dorm window, and that a report indicating that Kristin Smart may have been ‘stalking’ Janusz **** is not a reason for detectives to draw a link between the two. The Judge asks Sanger if he is suggesting that investigators should have included this information about “Yanish” and/or Janusz in their search warrant affidavits for Paul Flores. Sanger says “someone should have followed up”. The Judge rules that the relevance is “fairly minimal”, and instructs Sanger to move on.
Sanger introduces Defense Exhibit 607, a report by Sheriff’s Detective Kenny regarding discrepancies in the activities reported by Ted **** on the night of Kristin Smart’s disappearance.
Sanger introduces Defense Exhibit 609, a report by Sheriff’s Detective Henry Stewart regarding an interview with Jana **** on July 25, 1996.
Sanger introduces Defense Exhibit 611, a report by Sheriff’s Detective Henry Stewart regarding an interview with Jennifer **** on June 28, 1996, the person who filed the Missing Person report on Kristin Smart. He reads from the report that Jennifer said on the night of May 24, 1996, her best friend Crystal **** had a friend named Jana **** visiting from Ventura. After they went out drinking, Crystal stayed in her boyfriend’s dorm room while Jennifer and Jana returned to Muir Hall. Jennifer says she put Jana to bed ‘around midnight’ in Crystal’s bed (in the dorm room she shared with Kristin Smart). Jennifer says around 3am, Ted **** was outside of her window trying to wake her, but she ignored him because she had to wake up early. Jennifer says Kristin had “been with” a boy named Sean and had been telling the story that she was pregnant. The Judge sustains Peuvrelle’s relevance objection.
Sanger reads from Defense Exhibit 609. He says that Jana **** said she came back to Muir Hall ‘between 12 and 1am’ and Kristin Smart was not in her dorm room. Jana says she fell asleep and woke up around 3am to Ted ****, one of Crystal ****’s friends, calling her name outside of the window. Jana says she went to the side door of Muir Hall and smoked a cigarette outside with Ted before letting him into the Hall. Jana says she was “not fond of Ted” and describes him as “an angry, defensive, and negative person”. Jana says Crystal **** was staying in Ted’s room with his roommate, Dustin ****, so Jana allowed him to sleep on the floor of Crystal and Kristin’s dorm room. Jana says she was surprised to wake up with Ted next to her in Crystal’s bed. Jana says Ted left the dorm around 10am.
Sanger reads from Defense Exhibit 608. Sheriff’s Detective Henry Stewart reports that he talked to Ted **** by phone. Ted says he is a friend of Jennifer ****. Ted says he saw Kristin Smart at the party on Crandall Way on May 24, 1996, and that when he left the party around 1-1:15am, Kristin was still there. Ted says he went back to his dorm room in Fremont Hall. Around 3am, he says he knocked on Jennifer’s window a couple of times, before knocking on the window of Room 120 to wake up Jana. He says he had a cigarette with Jana for about 10 minutes and then went back to his room.
Sanger reads from Defense Exhibit 610, an additional interview with Ted **** conducted by Sheriff’s Detective Henry Stewart on August 13, 1996. Stewart says he asked Ted why Jana says Ted spent the night in Muir Hall Room 120 with her. Ted says he had a lot of alcohol that night and doesn’t remember. Ted says he does remember talking with Jana and Crystal **** before he left the room around 9 or 10am.
Sanger reads from Defense Exhibit 607 again. Detective Kenny reports that he and District Attorney Investigator Bill Hanley interviewed Ted **** on January 11, 2007. Ted said he had a sexual relationship with Jana ****. When asked if he saw Kristin Smart at the Crandall Way party, Ted said he could not remember but “I think I did.”
Judge van Rooyen asks Sanger to reserve time to discuss afternoon witness Angie ****. Sanger says he will quickly finish his cross-examination of Detective Cole.
Sanger introduces Defense Exhibit 612, an interview with Felipe **** on July 16, 1996, and Defense Exhibit 613, a report from a 2005 interview with Felipe **** conducted in 2005. Felipe says he knew Kristin Smart, and that they were “really good friends”. Felipe says Kristin used to visit him in his dorm room in Trinity Hall. Felipe says the last time he saw Kristin was on Thursday, May 23, 1996, when she spent the night in his room, and left some personal items behind. Felipe tells Detective Kenny that Kristin did not like her roommate, and stayed over in his dorm “at least twice”.
Judge van Rooyen says that in chambers this morning, the Defense raised objections to upcoming witness, Angie ****. Prosecutor Christopher Peuvrelle says Angie intends to testify about an incident while visiting the home of Ruben Flores, where she attempted to walk towards his avocado grove and was immediately redirected by Paul and Ruben. She also intends to testify about Paul Flores’ behavior when he “lingered around bars”, and incident where Paul Flores held a knife to her neck, an incident where Paul Flores came home “extremely intoxicated” and told her he “had to tell her something” but blacked out before he could. She also intends to testify about a time where she visited Arroyo Grande with Paul Flores and after asking about the Kristin Smart billboard in the Village, she says Paul told her “That’s just some girl who went missing.” She also intends to testify about an incident where Paul Flores “grabbed the buttocks” of her friend.
Defense Attorney Robert Sanger objects, and says that “the knife was a butter knife”, and Angie referred to “horseplay” preceding that incident. He claims that Angie came forward “after listening to ‘the podcast’” and said she “may have further information”. He says he does not see how any of this is relevant or pertains to this case.
Prosecutor Peuvrelle responds that Sanger did not mention Angie’s observation of the avocado trees, which ended up being “the exact spot where critical evidence was found”, and that Angie made those statements to investigators before that area was dug up in March 2021.
The Judge says he will allow Angie **** to be questioned about her visit to Arroyo Grande and her observation of the Defendants’ reactions to the avocado trees, but that other materials will be excluded on the grounds that it is “character evidence”.
Defense Attorney Robert Sanger resumes his cross-examination of Detective Clint Cole. After handing him two defense exhibits, the Judge suggests a lunch break.
Lunch break at 11:55am
Back on the record at 1:42pm
Detective Clint Cole retakes the witness stand, and Defense Attorney Robert Sanger resumes his cross-examination. Questions focus on men who knew or were alleged to be connected to Kristin Smart, and why they were never pursued as suspects.
Sanger asks again about Felipe ****, whom Kristin had apparently spent “at least” two nights with in Trinity Hall. Sanger publishes Defense Exhibit 601 on the courtroom projector (an aerial layout of the Cal Poly campus) and asks Detective Cole to identify Trinity Hall. Cole does not know which building is Trinity Hall.
Sanger introduces Defense Exhibit 617, an interview of Peter **** conducted by Sheriff’s Detective Henry Stewart on July 17, 1996. Peter says that Kristin Smart attended a concert at the SLO Veteran’s Hall in the beginning of May 1996 and got into an argument with a guy she was with. Peter says Kristin came across the street to his house to use his telephone, and appeared upset. The Judge sustains Prosecutor Peuvrelle’s relevance objection.
Sanger introduces Defense Exhibit 616, an interview of Sean **** conducted by Sheriff’s Detective Henry Stewart on July 8, 1996. Sean says he knew that Kristin had gotten rides in the past with “a few friends she did not know”.
Sanger introduces Defense Exhibit 618, a report by Detective Kenny from June 23, 2014, regarding a Crime Stoppers tip from November 1998 that he was reviewing. The tip indicated that Trent ****, who had been a student at Cal Poly, was later convicted of a murder in San Diego. The tip indicated that Trent was a “pimp” for strippers in San Luis Obispo, and would “go to bars and preach to young girls”. One of the strippers who worked for Trent was apparently named “Roxy”. Trent was alleged to run an operation called SLO Models as a “front for prostitution”. Sanger describes the murder later committed by Trent ****, but Peuvrelle objects to its relevance. Judge van Rooyen sustains the objection, and tells Sanger that trying to enter “bad act” evidence about another person must follow the same rules as evidence regarding Paul Flores. “The same evidentiary rules apply.” Sanger says this information is being introduced to establish that this was “a lead that should have been followed”.
Sanger introduces Defense Exhibit 619, a San Diego Police Department report on Trent **** regarding a refrigerator he had allegedly stored a dead body in. The Judge sustains Peuvrelle’s relevance objection. Sanger responds, “Your Honor. This is a pretty cold-blooded guy. And if he’s not a suspect…” Sanger says that Trent **** was asked by an acquaintance why he plead guilty to manslaughter, and Trent responded, “I’ve done things worse.” The Judge sustains Peuvrelle’s relevance objection.
Sanger asks if Detective Cole was able to establish that Scott Peterson was a student at Cal Poly at the time of Kristin Smart’s disappearance. Cole says, “Yes, I believe so.”
Sanger introduces Defense Exhibit 620, a report that Modesto Police Officer Al Brocchini received a phone tip from a person who said that in 1995, Scott Peterson told a friend that he would “tie a bag around the neck” to “weigh them down” in the sea, and there would be “nothing left for identification”. Detective Cole says that the report indicates that a woman named Marcia said she believed that info after seeing it on a CourtTV website. Sanger asks if investigators followed up on this. Cole says that Detective Kenny did.
Sanger introduces Defense Exhibit 622, a report from Sheriff’s Detective Steve Crawford regarding an tape sent to San Luis Obispo Sheriff’s Department by Modesto Police Officer Al Brocchini, where Scott Peterson’s brother Mark alleged that Scott had talked to his father about a “girl who went missing from Cal Poly” and said, “I hope they don’t find her in my pond.” Detective Cole says he has seen a transcript of the tape. Sanger introduces Defense Exhibit 621, a report filed regarding a 2004 effort to locate “various ponds” related to Scott Peterson and his family. Detective Cole says he is the one who wrote the 2004 report when he was assigned to the Special Problems Unit. Cole says they were given a couple of addresses and took photos of various ponds at homes and ranches in Morro Bay that may have been related to Scott Peterson.
Sanger introduces Defense Exhibit 623, a report by Detective Kenny on July 29, 2004 regarding the Sheriff’s dive team and search conducted of several ponds, which did not find “anything of evidentiary value”.
Defense Attorney Harold Mesick cross-examines Detective Clint Cole.
Mesick asks Detective Cole if Kristin Smart was reported to hitchhike. The Judge sustains Prosecutor Peuvrelle’s relevance objection.
Mesick asks about multiple people who, when asked to speculate on what could have happened to Kristin Smart, suggested that she could have gotten into a car with “some guy”. Cole says several people did speculate on that.
Mesick asks if it’s reasonable to believe “she might have jumped into a car with someone”. The Judge sustains Peuvrelle’s objection that the question is argumentative.
Prosecutor Christopher Peuvrelle redirects Detective Clint Cole. Questions focus on clarifying details in the reports previously referenced by Sanger, which indicate that several of the previously mentioned subjects were ruled out as viable suspects.
Peuvrelle asks Detective Cole about Defense Exhibit 614, and whether Kim **** indicated that it would be “out of character for Kristin Smart not to return” to her dorm room overnight. Cole says yes. Peuvrelle asks if Kim **** also said that she believed “Smart would probably fight if there was a problem”. Cole says that is correct.
Peuvrelle asks Cole if Defense Exhibits 611 and 609 indicate that Ted **** appeared to be interested in Jana **** and Jennifer **** rather than Kristin Smart. Cole says that Ted and Jana appeared to have had “some sort of relationship”. Peuvrelle asks if Jana and Jennifer provided an alibi for Ted ****’s whereabouts on the night of Kristin’s disappearance. Cole says yes.
Peuvrelle asks if Defense Exhibit 608 indicates that Ted **** told Detective Henry Stewart that he walked to his dorm with “three other individuals” that night. Cole says, “Yes he did.”
Peuvrelle asks if Defense Exhibit 607 indicated that Ted **** did not hear or see Kristin Smart enter her dorm room while he was there. Cole says that is correct. Peuvrelle asks if it also indicates that none of Kristin Smart’s belongings were missing. “She didn’t pack anything up” and that Ted “thought it was weird that she didn’t come back to her room.” Cole says it does. Peuvrelle asks if Detective Kenny also included in his report that he contacted the FBI Office, who informed him that Ted **** was interviewed in May of 2002 and submitted to a polygraph which indicated “no deception”, and that Ted was “not considered a viable suspect”. Cole says that is correct.
Peuvrelle asks if Defense Exhibit 616 indicates where Sean **** was on the night of Kristin’s disappearance. Cole says it indicates that Sean left Thursday May 23, 1996 to see his sister’s graduation at San Francisco State University, and he returned Sunday morning around 2am.
Peuvrelle asks if Defense Exhibit 619 provided investigators with photos of Trent ****’s escorts. Cole says yes. Peuvrelle asks, “Were any of the people depicted Kristin Smart?” Cole says no. Peuvrelle asks if Detective Kenny’s report indicates that he interviewed a person who worked for SLO Models in 1996, and she did not remember a dancer named Roxy. Cole says that is what she said. Peuvrelle asks if Detective Kenny reported that he did not locate “any info to substantiate that Kristin Smart worked as an escort or model for Trent ****”. Cole says that is correct.
Peuvrelle asks Detective Cole to explain the difference between a Person of Interest and a suspect. Cole explains that “a Person of Interest is somebody investigators believe may have info about the crime they’re investigating. A suspect is a person they believe was actually involved in the crime being investigated.”
Break at 2:53pm
Back on the record at 3:15pm
Prosecutor Christopher Peuvrelle resumes his redirect of Detective Clint Cole. Questions focus on clarifying statements made by other people who the Defense claims should have been suspects, and the considerations made by investigators when drafting search warrant affidavits for Paul Flores.
Peuvrelle asks Detective Cole about an interview of Paul Flores conducted on May 31, 1996 by District Attorney Investigator Bill Hanley. When asked to speculate on what had happened to Kristin Smart, Paul Flores responded, “I think she’s dead.” Peuvrelle asks Cole if any other person interviewed at this point had suggested that they believed Kristin was dead. Cole says no.
Peuvrelle introduces People’s Exhibit 394, a report of a 1999 interview of Sean **** conducted by Sheriff’s Detective Steve Crawford. Peuvrelle asks Cole if Sean **** said to Crawford that he felt that if Kristin Smart perceived a problem “she would resist in one way or another”. Cole says he did. Peuvrelle asks if Sean **** said that “if something wouldn’t go her way, she would get out of it”. Cole says that is correct.
Peuvrelle introduces People’s Exhibit 395, a report by Sheriff’s Detective Steve Crawford regarding his investigation of Scott Peterson. He asks Detective Cole if he took this report into consideration when drafting his search warrant affidavits. Cole says he did.
Peuvrelle refers to Detective Crawford’s reports that Kristin’s roommate Crystal **** could not identify Scott or Laci Peterson from photographs, and Jennifer **** also did not know them and never saw Kristin Smart with either of them, and asks Cole if he took that into consideration when drafting his search warrant affidavits. Cole says he did.
Peuvrelle asks if Detective Crawford’s report indicates that he interviewed Tim Davis, and that he confirmed that neither Scott or Laci Peterson attended the Crandall Way party. Cole says that is correct.
Peuvrelle asks if Detective Crawford’s report indicates that he interviewed Cheryl ****, and that she was not familiar with Scott or Laci Peterson, and had “never seen them before”. Cole says that is correct.
Peuvrelle asks if Detective Crawford reported that there is “no information to link Scott Peterson to the victim”. Cole says yes.
Peuvrelle asks Detective Cole why he wrote in his search warrant affidavits that Paul Flores was a suspect. Cole says that after reviewing all of the evidence in the case, Flores’ black eye, his lies about the black eye, the scratches on him, the fact that he was the last person seen with her, that Flores claimed to have no contact with Kristin Smart at the party, though multiple witnesses reported them talking several times, his inconsistent statements to investigators, all “led me to believe he was the prime suspect”.
Peuvrelle asks if Cole also considered the alerts of four cadaver dogs on the mattress and bedframe of Paul Flores. Cole says, “Absolutely.”
Peuvrelle asks if Cole also considered the lack of “any evidence that Kristin Smart is alive 25 years later”. Cole says yes, in addition to statements from the Smart family that Kristin “would not disappear like this”.
Peuvrelle asks if Cole also considered any statements made by Susan Flores. Cole says that when interviewed by a local television reporter in March 2021, Susan Flores made inconsistent statements based on his knowledge of the case, including when she found out that Kristin Smart was missing and that Paul was a Person of Interest. Cole also indicates a wiretapped phone call where Susan Flores told Paul that she wanted him to listen to the podcast to poke holes in it, but stated, “Only you would know.” Peuvrelle asks if Paul Flores responded to Susan. Cole says he did not.
Peuvrelle asks if following the search of Paul Flores home in 2020, new info was developed that added to the search warrant affidavits in 2021. Sanger makes a relevance objection. Peuvrelle says that the Defense has not specified which search warrant affidavits they are challenging. The Judge asks Sanger whether he is challenging the 2021 search warrants. Sanger says he is, including a warrant to track Paul Flores’ vehicle using GPS. The Judge sustains Sanger’s relevance objection for the time being.
Defense Attorney Robert Sanger cross-examines Detective Clint Cole again. Questions focus on Cole’s considerations when drafting search warrant affidavits for Paul Flores and his family.
Sanger asks Cole how many hours of wiretapping was done on the Flores family in January 2020. Cole says he does not know how many hours came out of it, but it was a 30-day wiretap. Sanger asks if the call where Susan Flores referenced ‘the podcast’ took place when the podcaster, Chris Lambert, was “quite active”. Cole says he does not remember. Sanger asks if Cole remembers that law enforcement said they had given the podcaster “false information” regarding a truck in order to stimulate discussion amongst the Flores family. Cole says yes. [ed. note: This phrasing omits critical information that has not yet been discussed on the record.]
Sanger asks if Susan Flores spoke for seven minutes straight on the wiretap without any response from Paul Flores. Cole says that is correct.
Sanger notes that Kristin Smart has not turned up alive, and asks Cole if is assuming that she is not alive. Cole says yes. Sanger asks if Cole has any evidence of her location. The Judge sustains Peuvrelle’s objection that this is outside the scope of the cross-examination.
Sanger asks if Cole is “aware of the science behind cadaver dogs”. Cole says he has spoken to dog handlers, and knows they are trained to alert on “human decomposition only”. Sanger asks if Cole is aware that “the accepted forensic scientific opinion” is that cadaver dog alerts can be useful in leading to evidence, but that alerting is not considered evidence. The Judge sustains Peuvrelle’s objection that this is not in evidence. Sanger asks if Cole is aware of “the scientific literature regarding the alert of cadaver dogs” that does not result in actual evidence. Peuvrelle objects that Cole is not testifying as a cadaver dog handler, and that he has stated his knowledge was gathered from speaking to handlers. Sanger says alerts cannot be used as evidence unless further evidence is found. The Judge sustains Peuvrelle’s objection.
Regarding Paul Flores’ statement to District Attorney Investigators on May 31, 1996 (“I think she’s dead.”), Sanger says this happened after Paul Flores “consistently said he didn’t know what happened to Kristin Smart” after he separated from her. Cole says, “I don’t agree that it was consistent.” Cole says in one interview, Flores claimed he walked her all the way to her dorm and then walked back to his. In others, he says they separated before they got to her dorm. Sanger says Paul Flores was asked if “he believed” Kristin Smart was alive or dead, and that he replied, “I think she’s dead.” Cole says, “It’s my opinion that people not involved wouldn’t say anything like that.”
Sanger says that Paul Flores lied about the bruising to his eye, but that Ted **** also “lied to officers about stuff”. Cole says Ted **** took a polygraph and passed it. Sanger says polygraphs are a good tool for law enforcement because “people usually confess before they get hooked up”. The Judge sustains Peuvrelle’s objection that this is argumentative. Sanger says the question goes towards Cole’s state of mind, which “we haven’t asked about yet”. The Judge responds, “We have. We’ve spent the whole day asking him about that.”
Sanger asks if anyone has ever said Scott Peterson was at the party. Cole says, “I think you did.”
Sanger asks, “If Scott Peterson wasn’t a suspect, why’d you go out and drag the pond?” Cole says investigators wanted to clear it, the same way they cleared Rex Krebs and others.
Sanger claims that the Ted **** “had sex with Jana **** in Kristin Smart’s room that night”. Peuvrelle objects that this misstates the evidence. The Judge sustains the objection and says, “I have not heard that in anything presented here.” Sanger reads from Defense Exhibit 607 that Ted **** says he “hooked up with Jana **** for a little bit and then went to sleep in [Crystal] ****’s bed.” Peuvrelle objects that this misstates the evidence. The Judge sustains the objection.
Off the record at 4:35pm
Pool photo Dave Minsky/Santa Maria Times (Pictured L to R: Paul Flores [seated], Defense Attorney Robert Sanger, Defense Attorney Sarah Sanger) Pool photo Dave Minsky/Santa Maria Times (Pictured L to R: Paul Flores [seated], Defense Attorney Robert Sanger, Defense Attorney Sarah Sanger)
August 9, 2021
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Aug 10, 2021 21:35:13 GMT -6
DAY 6 On the record at 9:12am Defense Attorney Robert Sanger indicates that District Attorney Investigator JT Camp has labeled Trinity Hall and Fremont Hall on Defense Exhibit 601 (an aerial layout of the Cal Poly campus). He also indicates that he intends to object to the admissibility of upcoming testimony by cadaver dog handlers. Detective Cole retakes the stand and Defense Attorney Sanger resumes his cross-examination. Sanger asks the relevance of the purple tie that Cole is wearing. The Judge responds, “I’m actually wearing a purple tie too. I didn’t know there was any significance. Sanger asks Cole if the purple tie is intended to show solidarity with the Smart family. Cole says, “It’s more for Kristin Smart.” Sanger asks what it has to do with Kristin Smart. Cole says he believes it was her favorite color. Sanger says that Prosecutor Christopher Peuvrelle has also been wearing a purple tie every day, and he asks Cole if there was a discussion about this before proceedings started. [ed. note: Prosecutor Peuvrelle is wearing a navy blue tie with thin red fluorescent stripes today.] Cole says he doesn’t believe there was any discussion about their tie colors. Sanger asks if Cole had meetings with the family about his tie color. He says he did not. Sanger asks if Cole came up with the idea on his own. Cole says he did, after learning from social media posts that purple was Kristin Smart’s favorite color. Sanger asks if it was from a social media post from Chris Lambert. The Judge sustains Peuvrelle’s relevance objection. Sanger asks what social media post he learned this from, and Cole says it was probably the Facebook page ‘Justice for Kristin Smart’. Sanger asks if that Facebook group is also focused on seeing Paul Flores convicted for Kristin Smart’s murder. Cole says yes. Sanger asks if Jana ****, who spent the night in Kristin Smart’s dorm room on May 24th/25th, said that Kristin did not come back that night. Sanger asks if Jana also said that she woke up with Ted **** in bed with her and that she didn’t notice him getting into the bed. Cole says there are other explanations for why Jana said this, and that she may have simply been too embarrassed to tell investigators about what transpired between her and Ted. Sanger asks Cole if Ted **** had an alibi for that night. Cole says he walked back to his dorm building with three other people, but he does not recall who. Sanger asks Cole if Felipe **** told investigators that Kristin Smart had stayed in his dorm room in the past when her roommate, Crystal, had a male staying over. Cole says that’s correct. Sanger asks if it is reasonable that Kristin Smart could have come back to her room without Jana or Ted noticing, left when she saw them there, and gone to Felipe’s dorm room. Cole says, “That’s not my opinion.” Sanger asks if Cole put any of this information in his recent search warrant affidavits. Cole says, “What you just said was not in my search warrant.” Sanger asks if Cole reported that Sean **** had an alibi for his whereabouts over Memorial Day Weekend 1996. Cole says, “I didn’t use the word ‘alibi’ but he did say” he was at his sister’s graduation in San Francisco. Sanger asks if Trent ****’s organization, SLO Models, kept a “yearbook” of their models. The Judge overrules Peuvrelle’s objection that the question is vague. Cole says, “Not to my knowledge.” Sanger asks if “in an operation like that” would Cole suspect all of the women would know each other. The Judge sustains Peuvrelle’s objection that the question calls for speculation. Defense Attorney Harold Mesick cross-examines Detective Clint Cole. Questions focus on Cole’s reasoning for considering Paul Flores ‘the only suspect’. Prosecutor Christopher Peuvrelle redirects Detective Clint Cole. Questions focus on additional reasoning for considering Paul Flores a suspect. Prosecutor Christopher Peuvrelle calls Jeromy **** to the witness stand. Questions focus on the black eye that Paul Flores allegedly had on May 26, 1996 and Jeromy’s 1996 interviews with investigators. Defense Attorney Robert Sanger cross-examines Jeromy ****. Questions focus on his interviews with law enforcement, the basketball game he played on Memorial Day 1996 with Paul Flores and his interactions with ‘the podcaster’ Chris Lambert. Break at 10:31am Back on the record at 10:50am Defense Attorney Robert Sanger resumes his cross-examination of Jeromy ****. Sanger asks Jeromy if Chris Lambert asked him about “your involvement”. Jeromy says no, that Lambert was planning to mention him on his podcast and wanted to let him know what he was planning to say. Sanger asks if Lambert proposed questions he would like to ask him for the podcast. Jeromy says Lambert emailed him a list of questions he would ask, but that he ultimate decided not to grant an interview. Defense Attorney Harold Mesick cross-examines Jeromy ****. Questions focus on Paul’s black eye and the basketball game they played on Memorial Day 1996. Jeromy **** is excused at 11:02am. Prosecutor Christopher Peuvrelle calls Angie “Doe” to the witness stand. Sanger objects to the use of “Doe”, since her testimony is not being offered under evidence codes 1108 or 1101. Peuvrelle argues that using “Doe” is “appropriate, given the circumstances”. The Judge rules that he will allow her to be referred to as Angie “Doe”. Defense Attorney Robert Sanger says that he is planning to file a motion to recuse the District Attorney’s Office based on their wearing of purple ties during the preliminary hearing. “Quite frankly, I can’t believe they would do that in this case.” He says he feels “strongly about this”. “This kind of prejudice is what brought us here.” Judge van Rooyen says he will consider this after Sanger files a motion in writing. EDITOR’S NOTE: After today’s lunch break, Chris Lambert was subpoenaed by the Defense. Judge van Rooyen denied Defense Attorney Sanger’s request to have Lambert removed from the courtroom. However, publication of the Hallway Blog will be suspended at Lambert’s own discretion until the matter is resolved. Pool photo Dave Minsky/Santa Maria Times (Pictured: Deputy District Attorney Christopher Peuvrelle) Pool photo Dave Minsky/Santa Maria Times (Pictured: Deputy District Attorney Christopher Peuvrelle)
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TheoV2
Sapphire
Posts: 3,597 Likes: 20,374
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Post by TheoV2 on Aug 10, 2021 21:47:50 GMT -6
I need cliff notes
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Aug 12, 2021 17:07:13 GMT -6
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McBenny
Unicorn
#sickomode
Posts: 52,186 Likes: 296,690
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Post by McBenny on Aug 12, 2021 18:09:25 GMT -6
what would he have to testify on I wonder? Wouldn't anything from him be hearsay?
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Aug 12, 2021 18:17:21 GMT -6
what would he have to testify on I wonder? Wouldn't anything from him be hearsay? Per Arroyo Grande facebook: He was served a subpoena to be a witness from the defense. They also requested him to not be able to be in the courtroom. He was allowed to stay but has decided to take down his social media.
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McBenny
Unicorn
#sickomode
Posts: 52,186 Likes: 296,690
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Post by McBenny on Aug 12, 2021 18:21:00 GMT -6
what would he have to testify on I wonder? Wouldn't anything from him be hearsay? Per Arroyo Grande facebook: He was served a subpoena to be a witness from the defense. They also requested him to not be able to be in the courtroom. He was allowed to stay but has decided to take down his social media. I thought you can't be in there anyway if you're a witness for either side so your testimony isn't tainted?
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Post by shamycooler on Aug 12, 2021 18:22:39 GMT -6
what would he have to testify on I wonder? Wouldn't anything from him be hearsay? Per Arroyo Grande facebook: He was served a subpoena to be a witness from the defense. They also requested him to not be able to be in the courtroom. He was allowed to stay but has decided to take down his social media. I’ll be honest, if I was a defense attorney I’d probably call him as a witness too. He committed the number one sin in true crime podcasting (IMO): he became too personally invested, lost all sense of objectivity, and it’s clear he’s out to get the defendant. That’s why I stopped listening.
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Post by shamycooler on Aug 12, 2021 18:23:39 GMT -6
Per Arroyo Grande facebook: He was served a subpoena to be a witness from the defense. They also requested him to not be able to be in the courtroom. He was allowed to stay but has decided to take down his social media. I thought you can't be in there anyway if you're a witness for either side so your testimony isn't tainted? Yup! There’s some exceptions that can be made, but it’s few and far between IME. So I’m surprised an exception was made for him.
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Yogurt
Emerald
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Post by Yogurt on Aug 12, 2021 18:26:05 GMT -6
I thought you can't be in there anyway if you're a witness for either side so your testimony isn't tainted? Yup! There’s some exceptions that can be made, but it’s few and far between IME. So I’m surprised an exception was made for him. I thought he was in the hallway the whole time, hence the hallway blog.
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Post by shamycooler on Aug 12, 2021 18:32:59 GMT -6
Yup! There’s some exceptions that can be made, but it’s few and far between IME. So I’m surprised an exception was made for him. I thought he was in the hallway the whole time, hence the hallway blog. Ahhh I misinterpreted your “he was allowed to stay” as he was allowed to stay IN the courtroom.
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Aug 12, 2021 18:34:53 GMT -6
I thought he was in the hallway the whole time, hence the hallway blog. Ahhh I misinterpreted your “he was allowed to stay” as he was allowed to stay IN the courtroom. No, I dont know myself. I thought he was in the hallway, but then this statement that I saw made me question where Chris Lambert was being allowed to stay. That post is not anything official. Just from local chatter.
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McBenny
Unicorn
#sickomode
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Post by McBenny on Aug 12, 2021 19:02:09 GMT -6
I thought he was in the hallway the whole time, hence the hallway blog. Ahhh I misinterpreted your “he was allowed to stay” as he was allowed to stay IN the courtroom. yes me too. I misunderstood.
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McBenny
Unicorn
#sickomode
Posts: 52,186 Likes: 296,690
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Post by McBenny on Aug 12, 2021 19:03:33 GMT -6
I thought he was in the hallway the whole time, hence the hallway blog. Ahhh I misinterpreted your “he was allowed to stay” as he was allowed to stay IN the courtroom. I was involved in voir dire today. Of course they ditched me. 😂😂😂
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Yogurt
Emerald
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Post by Yogurt on Aug 12, 2021 19:25:02 GMT -6
That was a copy paste from the lady that runs the high school pool. She always knows everything, which was why I copied her info. 😅
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Post by RunsforWineandCarbs on Aug 27, 2021 6:09:24 GMT -6
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Sept 8, 2021 13:45:09 GMT -6
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Post by sweptaway on Sept 8, 2021 14:01:42 GMT -6
what would he have to testify on I wonder? Wouldn't anything from him be hearsay? Per Arroyo Grande facebook: He was served a subpoena to be a witness from the defense. They also requested him to not be able to be in the courtroom. He was allowed to stay b ut has decided to take down his social media.Has he stopped the podcast too?
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Sept 8, 2021 14:11:25 GMT -6
Per Arroyo Grande facebook: He was served a subpoena to be a witness from the defense. They also requested him to not be able to be in the courtroom. He was allowed to stay b ut has decided to take down his social media.Has he stopped the podcast too? The podcast came out weekly-ish from Sept-Nov 2019 and a final one in January 2020. Then (as a result?) of the podcast all these new developments were happening and in November 2020 another episode was released because new evidence was being seized from the Flores family (electronics). The 2 more episodes came out in July 2021 called "The beginning of the end" when the digging and arrests happened. None since then.
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Post by sweptaway on Sept 8, 2021 16:48:14 GMT -6
Has he stopped the podcast too? The podcast came out weekly-ish from Sept-Nov 2019 and a final one in January 2020. Then (as a result?) of the podcast all these new developments were happening and in November 2020 another episode was released because new evidence was being seized from the Flores family (electronics). The 2 more episodes came out in July 2021 called "The beginning of the end" when the digging and arrests happened. None since then. I listened to the first run but not the more recent ones. I was wondering if he'd spoken publicly about whether or not he plans to continue the podcast. It's always interesting when the reporters get so close to the subject.
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auburn
Sapphire
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Post by auburn on Sept 9, 2021 7:27:45 GMT -6
Chris was allowed to stay IN the courtroom because he is a member of the media. He decided to stop posting his notes and temporarily took down his social media to be extra cautious.
He has said that there will eventually be more episodes if there is more to the story to tell but he will not do anything to jeopardize the case and that he runs it all by law enforcement before releasing anything.
Now that the judge ruled that he does not have to testify or share his notes, he may start posting updates again. He did post on the YOBY IG yesterday.
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Yogurt
Emerald
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Post by Yogurt on Sept 22, 2021 13:30:16 GMT -6
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auburn
Sapphire
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Post by auburn on Sept 22, 2021 20:50:30 GMT -6
For some reason, that link isn’t working. I was glad to see that they will both go to trial. Chris Lambert said it could be a year before the trial actually begins.
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catmom88
Platinum
Posts: 2,126 Likes: 8,228
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Post by catmom88 on Sept 23, 2021 8:00:30 GMT -6
auburn,I can't imagine now having to wait another year. Poor parents.
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smilesp
Emerald
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Post by smilesp on Sept 23, 2021 8:14:52 GMT -6
auburn,I can't imagine now having to wait another year. Poor parents. I’m sure they’re relieved that things are finally happening.
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Yogurt
Emerald
Posts: 11,886 Likes: 42,310
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Post by Yogurt on Jun 11, 2022 14:51:20 GMT -6
New episode up.
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