Episode Transcript
Transcripts are displayed as originally observed. Some content, including advertisements may have changed.
Use Ctrl + F to search
0:00
This episode contains subject matter that
0:02
may be disturbing to some listeners. Listener
0:05
discretion is advised.
0:46
The wait for two verdicts felt long.
0:49
When both juries were finished deliberating,
0:52
the court would notify the attorneys, family
0:54
members, and media representatives by email,
0:57
with only a 40-minute window to get back to the
0:59
courtroom. It was short
1:01
enough notice that leaving the area felt
1:04
risky, and with only 10 media
1:06
badges available to get a seat in the courtroom,
1:09
most of us decided to stay in the hallway.
1:12
Many of the reporters present
1:14
had other stories to work on,
1:16
typing furiously on their laptops and
1:19
contorting into impossible shapes to stay
1:21
near one of the few wall outlets.
1:24
But nobody was immune to the
1:26
suspense. Watch
1:40
the entire episode.
1:56
the
2:00
tea leaves and he's right. You can't read the tea
2:02
leaves and start guessing or
2:05
banking on how long a case is going to be out
2:07
to the jury. You know, whether it's going
2:09
to be a day or whether it's going to be a week,
2:11
you just have, you have no idea. So
2:13
you're just sitting there non-stop
2:16
anticipation and worry and dread
2:20
with some relief that it's,
2:22
you know, it's done and now you've hopefully
2:25
done everything you can and it's outside your control.
2:28
So it's kind of all those things that
2:29
just a lot of a
2:32
lot of different thoughts but something you have zero control
2:35
over and you're just you're just waiting
2:37
for a call.
2:38
Yeah, it just goes by very, very slowly.
2:43
Thursday, October 6th ticked by without
2:45
any news. Each time the jurors
2:47
walked down the hallway,
2:49
reporters watched them closely for clues.
2:52
Did they look happy? Were they somber?
2:55
Was this just a break or were they
2:57
done? Were they heading to lunch
3:00
or heading home for the day? Friday,
3:04
October 7th went by just as slowly
3:07
until an email went out just before noon
3:10
informing everyone that they needed to be in the courtroom
3:12
at 1.30 p.m. With no
3:15
information, we filed
3:17
in that afternoon and Judge O'Keefe
3:19
addressed the media. Late
3:21
this morning, I received information
3:24
that a particular member of the media has
3:26
been taking photos of members of Paul
3:28
Flores's jury without their
3:30
consent. Their safety
3:33
and security and privacy
3:35
is extremely important.
3:37
It will absolutely not be tolerated.
3:41
I was surprised to hear this because the members
3:43
of the media who have been here day in
3:45
and day out
3:46
have acted with the utmost professionalism.
3:49
I am going to give this individual the benefit
3:51
of the doubt. If it happens again,
3:54
the minimum sanction will be exclusion
3:57
from the rest of these hearings.
3:59
With that, ladies and gentlemen,
4:01
we are going to conclude. The
4:04
hearing lasted just four minutes, but
4:07
brought the week to a rattling close.
4:10
It was the first time any of us had been scolded
4:13
by Judge O'Keefe, and back in
4:15
the hallway, most of us sat silently,
4:18
hearts racing, wondering if by
4:20
some mistake or oversight, we
4:23
had been the one responsible without even knowing
4:25
it. Were we pointing our phones
4:27
in the wrong direction at the wrong time? After
4:30
months of careful and tedious note-taking,
4:33
was one of us going to unravel the whole thing?
4:35
Over
4:38
the next hour, only one person
4:40
spoke, insisting that the jurors
4:42
were being ridiculous and dramatic.
4:46
I would later learn that she was
4:48
the one who had photographed them. The
4:53
following Monday, Tuesday, and Wednesday
4:56
were pre-arranged dark days put
4:58
on the calendar far in advance,
5:01
which meant that no court activity or
5:03
deliberations could take place.
5:06
When the two juries reconvened on
5:08
Thursday, October 13th,
5:10
we were called in for another surprise hearing.
5:13
Juror 926,
5:17
a woman on Ruben Flores's jury, had
5:19
reported to the judge that Juror 262,
5:23
a man on Ruben's jury, had told
5:25
her he spoke to his priest about the case
5:27
over the weekend.
5:29
This violated the jury rules reiterated
5:32
throughout the trial when Judge O'Keefe
5:34
reminded them at the end of each day
5:36
that they could not discuss details of the case
5:39
with anyone, including spiritual
5:42
advisors. The male
5:44
juror 262 was
5:46
called into the courtroom just after 1.30 and
5:49
asked to explain the incident.
5:51
He said he did not discuss any facts of
5:53
the case or details of the deliberation
5:56
with his priest.
5:57
He only asked for guidance while making the
5:59
case.
5:59
making a very difficult decision.
6:02
He insisted that he had been obeying all
6:04
of the judge's instructions and hadn't
6:07
even watched TV in months to
6:09
avoid hearing information about the case.
6:12
I know what I'm told," he said.
6:14
I've been on juries before.
6:17
262 was asked to rejoin the other
6:19
jurors, and 926 was
6:21
called back into the courtroom. She
6:24
explained, "...We were waiting outside
6:26
the courtroom, and he turned to me and told me
6:28
he was thinking about the case all week. He
6:31
said he talked to his priest in confession
6:33
and outside of confession. He
6:35
said his priest told him, someone is
6:37
up there,
6:38
watching over things." Judge
6:41
O'Keefe asked if her impression was
6:43
that he was speaking specifically about the
6:45
case.
6:47
926 responded, yes,
6:49
because I feel like he was anxious about making
6:51
a decision, one way or another. After
6:55
a seven-minute sidebar between the attorneys,
6:58
the male juror was brought back into the courtroom,
7:01
and Judge O'Keefe addressed him.
7:03
Juror 262, we
7:05
have received some conflicting information.
7:08
Our information indicates that you spoke to your
7:10
priest in and out of confession.
7:13
That puts me, frankly, in a situation
7:16
where I have to choose what to do.
7:19
262 raised his hand, looking
7:21
distraught and emotional. Can
7:24
I respond?
7:25
When I talked to my priest outside of confession,
7:28
we spoke about my father.
7:30
In confession, I told him I had a lot
7:32
on my mind.
7:33
There's people's lives at stake. Judge
7:36
O'Keefe looked sympathetic.
7:39
I understand. I would not
7:41
want to be sitting in your shoes right now,
7:43
because you have a difficult decision to make. As
7:46
the judge, my primary role
7:48
in duty is to make sure we have an impartial
7:51
trial. I have to respectfully
7:53
excuse you.
7:55
I do believe that what you're saying is accurate,
7:58
in order to make sure that there
7:59
no issues with whatever decision is made,
8:02
I have to respectfully make this choice."
8:06
Her voice cracked. It
8:08
pains me to have to do this.
8:10
Sometimes even the appearance of impropriety
8:13
is just as bad as actual impropriety.
8:17
After four months of service and
8:19
four days of deliberation,
8:21
juror 262 was excused,
8:24
and one of the remaining alternates was randomly
8:27
selected to fill his seat.
8:29
Judge O'Keefe instructed Rubin's jury
8:31
to begin deliberations over again, to
8:34
include the new juror in their entire
8:36
process. But it seems
8:38
like there wasn't a lot more deliberating to
8:40
do. Because Monday morning,
8:43
at 11.30am, Rubin's
8:46
jury would have a verdict.
8:50
Monday, October 17th,
8:52
a small audience stood in the courtroom,
8:54
including San Luis Obispo Sheriff Ian
8:56
Parkinson,
8:57
as Rubin's 12 jurors filed
9:00
in through a back door, taking their seats
9:02
in the jury box. Judge
9:04
O'Keefe addressed them. Has
9:07
the jury reached a verdict? The
9:09
youngest juror stood. Yes
9:12
ma'am. A sealed
9:14
envelope was passed to the court clerk and
9:17
placed into a lockbox, where it
9:19
would remain until Paul's jury finished deliberating,
9:22
when the two verdicts would be read back to back.
9:25
The clock was running a little faster
9:27
now. At any moment, Paul's
9:30
jury could reach a verdict, and the 40 minute
9:33
countdown would begin.
9:35
But defense attorney Robert Sanger had
9:38
other ideas. After
9:41
Rubin's jurors were released pending the second
9:43
verdict, a side door opened,
9:46
and Paul Flores was led into the courtroom
9:48
by a bailiff, taking his seat
9:50
next to his attorney.
9:53
Sanger addressed the court.
9:55
There's an issue that I would
9:57
not like to discuss, but I
9:59
think I have to. Apparently,
10:01
our jury was supposed to return at 9am. My
10:04
investigator, Ramona Messina,
10:07
was in the hallway.
10:08
She could see the jurors assembling shortly
10:11
after 9.
10:12
She observed Mr. Poverrell, Mr.
10:14
Camp,
10:15
Detective Cole, and Sheriff Parkinson
10:18
going into the courtroom. About
10:20
five minutes later, they came back into
10:22
the hallway when the Smart Family was there.
10:26
The Smart Family and a member of the prosecution
10:28
team hugged each other. Unfortunately,
10:32
it was in the presence of the jurors.
10:34
I think it's inappropriate. For this
10:36
to occur, I think is inappropriate.
10:39
I think I'm forced to make a motion for mistrial.
10:43
Poverrell shook his head, looking down at the
10:45
table.
10:47
This is news to me, he said. I
10:49
didn't know that Mr. Sanger was going to raise this
10:52
issue.
10:53
I will say that this family has waited 26 years
10:56
for this day.
10:57
I think a very small degree of compassion,
10:59
in my view, is entirely appropriate.
11:03
As we would later learn, Sheriff
11:05
Ian Parkinson had hugged Denise Smart
11:08
when he passed her in the hallway that morning.
11:11
He was not part of the prosecution team,
11:13
not a witness, and was not present
11:16
for the trial,
11:17
but had traveled up that morning in anticipation
11:20
of a verdict. It was the
11:22
first time the Smarts had seen him in several
11:24
months.
11:26
After they hugged, Denise Smart
11:28
then embraced Detective Clint Cole, who
11:31
was standing directly behind the Sheriff. After
11:34
hearing both sides, Judge O'Keefe
11:37
addressed Sanger,
11:39
Would you like the court's tentative ruling?
11:42
I'm going to respectfully deny the motion.
11:45
These jurors have been admonished daily to
11:47
disregard anything they learn outside
11:49
of testimony.
11:50
They have worked very hard to adhere to these
11:53
admonishments.
11:54
I understand why something like this would happen,
11:57
but in an abundance of caution, please
11:59
Please keep in mind that problems can arise like
12:02
this."
12:03
Sanger replied,
12:05
"...if that's the court's tentative ruling, may I respond?
12:08
I think it's more than an unfortunate occurrence.
12:11
Counsel on the other side of this table knows better. I
12:14
think it's unforgivable."
12:16
Mr. Pravrell's opening and closing arguments
12:18
were very emotional. This
12:20
is just more emotion.
12:22
We never know what's going to push the jury over the
12:24
top. If the motion is denied,
12:27
I ask the court to give an admonition to the jury
12:29
before they go for lunch.
12:31
We looked up at the clock. It
12:34
was 11.55am.
12:36
Judge O'Keefe called the attorneys for
12:38
a sidebar before announcing
12:40
her ruling.
12:42
I am respectfully going to deny the
12:44
motion for mistrial.
12:46
Later this afternoon, I will give the jurors
12:48
the same admonition I have given throughout the
12:51
trial.
12:52
At 2.50pm,
12:54
Paul's jurors were brought into the courtroom, and
12:56
Judge O'Keefe addressed them.
12:58
Ladies and gentlemen, I apologize for the
13:01
interruption in your deliberations.
13:03
You must not allow anything that happens outside
13:06
of the courtroom to affect your decision. With
13:08
that, I'll allow you to get back to deliberations.
13:13
The jurors were released after just one minute,
13:16
and looked around at each other, confused,
13:18
as they filed back into the deliberation
13:20
room.
13:22
Pravrell then addressed the court.
13:24
Your Honor,
13:25
counsel said this morning that a member of the prosecution
13:28
team had hugged a member of the family in this case.
13:31
It was not me,
13:32
and Investigator Camp didn't do it.
13:35
After an investigation,
13:36
I learned that Detective Cole gave Mrs. Smart
13:39
a brief hug. Obviously,
13:41
as a testifying witness, Detective
13:43
Cole should not have done that. I
13:46
will be filing a supplemental memo regarding
13:48
the duration and distance of the hug.
13:52
His humor seemed lost
13:54
on Sanger, who explained the situation
13:57
all over again. Ms. Messina
13:59
said she was
13:59
standing by the elevators, and when the group
14:02
came out, she saw Detective Cole and
14:04
the sheriff of the county, whose name
14:06
I just forgot, as well give
14:09
this person a hug. I don't
14:11
think this is a minor breach. The participants
14:14
in this trial, whether it's the sheriff of this
14:16
county or Detective Cole, should
14:18
know better.
14:19
With that, the issue was
14:22
over,
14:22
and everyone was excused just before 3pm.
14:26
For the next hour, we sat in
14:28
the hallway, waiting to see if today
14:31
was going to be the day. We
14:33
went back to the DA's office, and then you're just kind of waiting,
14:35
so it didn't get any better, it didn't
14:38
get any easier. You know, I guess maybe if
14:40
you thought it went
14:42
and made it 50% a little less
14:44
nervous, I don't know that that was the case, because now
14:46
you knew that there was a verdict
14:48
in one, you start thinking and
14:51
guessing and wondering. And
14:53
it's really not until that second verdict comes in
14:55
that then you have to kind of get your
14:58
game face on, for lack of a better word, and
15:00
get into court, and just
15:03
sit down and wait. So it's
15:05
an incredible amount of waiting, and again,
15:08
for something you have zero control over, which
15:10
is, for most of us, we don't like that.
15:12
So you're really at the mercy of 12 other
15:15
people times two, and
15:17
yeah, you just wait and
15:19
wait and wait. Paul's
15:22
jury left the deliberation room
15:24
at 4pm that day, without
15:26
a verdict. The
15:29
next morning, Tuesday, October
15:31
18th, we returned to the courthouse
15:34
for more waiting. Not
15:36
long after 11am, reporters
15:39
watched as Paul's jury was led out of the
15:41
deliberation room by a bailiff and
15:43
taken downstairs. The
15:46
jurors, who typically wore casual
15:48
attire to court, were instead
15:51
wearing dresses and collared
15:53
button-down shirts. For
15:55
the next half hour, the hallway
15:57
was a flurry of rumors and excitement.
15:59
until we all got the email
16:02
we'd been waiting for at 11.59 a.m.
16:06
Hello all media outlets. Jurors
16:09
have reached verdicts on the Flores's trials and
16:12
will be read at 1.30 p.m.
16:15
in Department 4.
16:17
Please make sure to check in and get your badge
16:19
prior to entering the courtroom. Several
16:23
reporters chose to skip lunch in
16:25
fear of losing their seat in the courtroom.
16:28
I was in line for badge number five,
16:31
but when the badges arrived and media
16:33
representatives took their places in line,
16:36
Dave Alley, a television reporter
16:38
for the Central Coast local CBS ABC
16:41
Fox affiliate, suggested
16:43
that I should take badge number one. For
16:46
four months the race to get one
16:48
of the ten media seats available in the courtroom
16:51
each day
16:52
had been tense and today
16:54
of all days was the most important
16:58
and even though I was fine with taking the badge I
17:00
had earned each reporter
17:02
in front of me stepped out of line ushering
17:05
me to the front
17:07
where I was handed badge number one. It
17:10
was a small symbolic gesture that
17:13
momentarily lit up the crowded hallway.
17:17
Then for the next hour and a half we
17:20
all went back to waiting anxiously. We
17:23
had heard about the verdicts I think an hour or so
17:26
before so we
17:29
had that hour hour and a half to
17:31
kind of ponder it's in. This is
17:33
it. Once the second verdict came in and we
17:36
knew that at that point we're gonna
17:38
have to appear in court sometime soon
17:40
then it kind of the butterfly start all over
17:42
again and you start thinking you
17:44
know what does this look like what's it gonna be but
17:47
then you also have to take care of some of the practical
17:49
stuff like make sure that people that
17:52
need to be contacted or contacted you know
17:55
using you know our victim
17:57
witness folks to let the smarts know.
18:00
We need to let our bosses know, make
18:02
sure that we're ready to go in court. We have everything
18:04
we need. So a lot of little logistics
18:06
to make sure that when we show back up
18:08
in the court that we're prepared as well.
18:11
The proceeding officially went on the record at 1
18:14
36 PM when judge O'Keefe asked
18:17
the four person to stand.
18:19
Madam four person has the jury
18:21
reached a verdict.
18:23
The woman replied,
18:25
yes, we have. A
18:27
yellow envelope was passed to a bailiff
18:30
who delivered it to the judge. She
18:33
tore open the seal and slid out
18:35
the verdict form inside, glancing
18:37
over it silently before handing
18:40
it to the clerk to read out loud. When
18:42
the judge read the verdict
18:44
and handed it to the clerk, I just felt
18:47
it was. Excuse
18:50
me. I just felt
18:52
it was going to be guilty. We,
18:55
the jury in the above entitled action,
18:58
find the defendant, Paul Reuben Flores,
19:01
guilty of murder in
19:03
the first degree.
19:06
Paul Flores, the convicted
19:08
murderer of Kristen smart, didn't
19:12
react. Defense
19:14
attorney Robert Sanger
19:15
nodded his head and asked to
19:17
pull the jury. Individually,
19:21
each juror was asked, is that your
19:23
true verdict as to count one?
19:26
One by one, they confidently
19:28
answered yes.
19:31
Members of the smart family and their friends started
19:34
to silently cry. Others
19:37
just smiled and put their arms around
19:39
each other. I think I could
19:41
best describe that
19:43
moment as that
19:45
portion of your life flashing in
19:47
front of you very quickly. So basically, you know,
19:50
for me, it was two years
19:52
and then specifically the last four or
19:54
so months, five months that we'd spent in Monterey
19:56
County flashing before me very quickly.
19:59
One of the more important things for me was to make sure
20:02
that I was paying attention and
20:04
my ears and my brain were processing
20:06
because you want to make sure what you're hearing is what
20:08
you're hearing. Like that entire
20:11
process of working the case and putting the case on
20:13
at Freelim to trial, just going
20:15
before your eyes so very quickly
20:17
and still wondering was there anything else we could have
20:20
done and then just waiting for
20:23
all those words to be read. I
20:25
remember it seemed like it was very slow, like
20:27
all the words leading up to whether it was
20:29
going to
20:29
be a guilty or not guilty. It
20:32
seemed like there were so many words being read and just
20:34
going so incredibly slow and you
20:37
want to get to it and get to it. And
20:39
then when I heard the words guilty,
20:42
it was an extreme sense of just
20:45
relief, satisfaction
20:48
in some ways and still a
20:50
little bit of sadness that
20:52
we still don't know where Kristen is. Sadness.
20:57
Because nothing can bring Kristen back.
21:01
But satisfaction. And I was glad
21:03
that my family was there to see it. Kristen's
21:07
voice had been heard, that the Jane Doe's voices
21:09
had been heard, that the smarts, all
21:11
of them, their family, their friends and all the
21:13
support people that have been going through this for
21:16
so long that their voices were heard.
21:18
So many people that did so much work advocating
21:21
for Kristen that worked so hard to
21:23
give a voice to someone who didn't have a voice had
21:26
come to fruition. Her voice was
21:28
heard that day and that was a good feeling. When
21:31
she said guilty, I turned
21:34
around and
21:36
winked at the sheriff and
21:38
there was so much that
21:40
we know about Paul that was never allowed
21:42
in court. The relief
21:44
isn't
21:47
just for Kristen. It's also
21:50
relief for a lot of other women
21:52
out there. And that
21:56
means a lot to those
21:58
of us.
21:59
that fight for
22:02
people that are victims of crime. And
22:05
there's people out there, if you're not sure whether
22:07
you should report something, there's people out there that
22:09
will fight for you. And
22:13
for the smarts, I'm so
22:15
happy. I mean, I'm
22:18
disappointed we didn't bring Kristin home. I
22:21
kind of feel like I let them down. But
22:27
I'm very happy that we got some justice for
22:29
them. Because
22:32
it's been a long, long time for them. And
22:36
they deserve it. Judge
22:41
O'Keefe
22:42
asked Sanger if Paul wanted to waive time
22:44
for sentencing.
22:46
Sanger responded,
22:47
We're willing to extend the time so we have
22:50
enough time to do what we need to do.
22:53
All parties agreed that sentencing would be
22:55
scheduled for December 9th, and the
22:57
courtroom was cleared for a 10-minute recess.
23:01
Outside of the courthouse, words
23:03
spread instantly across social media
23:06
and news sites. Productivity
23:08
slowed as workers huddled around
23:10
their phones and computers, or
23:13
hid out in restrooms, anxiously
23:15
refreshing their news feeds. Teachers
23:18
stopped their lessons to announce the verdict to
23:20
their students and explain the significance.
23:24
In Arroyo Grande, the long-time
23:26
home of Susan and Ruben Flores, shoppers
23:29
throughout the village cheered, and
23:31
in large stores like Walmart, shouts
23:34
of, He's guilty! rang
23:36
out across the aisles.
23:37
Without even a name or any
23:40
context, shoppers immediately
23:42
screamed and applauded. In
23:45
restaurants in Pismo Beach, Atascadero,
23:48
and Paso Robles. In doctor's
23:51
offices, in swimming pools.
23:54
People went out to their cars to call their friends,
23:57
their parents, and their kids.
23:59
people hiking or walking their dogs, stopped
24:02
to sit and cry. And
24:05
the ripples didn't stop there. People
24:08
celebrated at their desks in Canada,
24:11
on their honeymoon in Mexico, working
24:14
the night shift at a prison in Germany,
24:17
delivering aid in Ukraine, on
24:20
vacation in Italy, at
24:22
a nightclub in Sweden, lying
24:25
in bed in Iceland, in London,
24:28
in Scotland, Wales,
24:29
Australia.
24:33
The verdict resonated worldwide.
24:35
Justice for Kristen Smart, 26 years
24:39
and five months later, somehow
24:42
felt like justice for victims everywhere.
24:45
Justice for a woman who had initially
24:47
been brushed off as a runaway, judged
24:50
harshly for what she wore or
24:52
how much she'd had to drink. Justice
24:55
for a family who refused to give
24:58
up, even when it seemed like no
25:00
one was taking their plight seriously. After
25:03
two and a half decades of
25:05
painfully slow progress, lost
25:08
evidence, missed opportunities,
25:11
and a laundry list of failures from pretty
25:13
much everyone involved,
25:16
justice for a small community that
25:19
had adopted Kristen as one of their own, even
25:21
though most of them had only ever known her
25:24
as a face on a billboard. A
25:27
community that came back in full force
25:29
to speak up, to refuse
25:31
to allow a family to keep getting away with
25:34
murder in their own backyard, who
25:36
volunteered their businesses, their
25:38
homes, their donations, their
25:41
eyes and their ears, to making
25:43
this right.
25:45
It was a monumental occasion.
25:51
Susan Flores was not present.
25:54
Neither was Paul's sister, Ermelinda.
25:58
His aunts, uncles, or
26:00
cousins, co-workers or
26:03
friends. Only
26:05
his father, charged as an accessory
26:08
and legally obligated to be present,
26:10
was there to watch his son be taken back
26:13
into custody by a bailiff.
26:15
And ten minutes later, everyone
26:17
returned to the courtroom to see if Reuben would join
26:20
Paul in that small side room.
26:24
The foreperson on Reuben's jury
26:26
passed an envelope to the bailiff, who
26:29
delivered it to Judge O'Keeffe. She
26:31
opened it,
26:32
reading the form, before passing
26:34
it to the clerk to read out loud.
26:37
We the jury,
26:38
in the above entitled action, find
26:41
the defendant, Reuben Ricardo Flores,
26:44
not guilty. The
26:47
courtroom was quiet.
26:49
Defense attorney Harold Mesick
26:51
nodded his head. Several
26:53
others present shook their heads.
26:57
While the verdict was unanimous,
26:59
a few of Reuben's jurors looked
27:01
dismayed.
27:03
As they were polled, asked if this
27:05
was their true verdict,
27:07
one woman looked up at the ceiling,
27:09
tears rolling down her cheeks as
27:11
she said yes.
27:13
Another looked directly into Paveral's
27:16
eyes,
27:17
crying.
27:19
Judge O'Keeffe announced that Reuben Flores's
27:21
electronic ankle monitor would be
27:24
terminated immediately,
27:25
and he was free to go home,
27:28
back
27:28
to his house in Arroyo Grande, on
27:31
top of a six foot by four foot
27:33
anomaly in the soil. How
27:37
did two juries, sitting in the same
27:39
room for four months, come
27:41
to completely different conclusions? Different
27:44
jury, it's almost like a redo, and
27:47
that one ended up being the words were not
27:49
guilty. You know, disappointing and
27:51
sad. We believe that Reuben
27:54
was involved, so yeah, just disappointing
27:56
in terms of not being the outcome that
27:58
we thought we had proved, and that
27:59
we believe was
28:02
certainly provable. At the same
28:04
time, knowing that a
28:07
jury had put a lot of time in and they listened to everything,
28:11
it was the way that the process worked
28:13
and they hopefully did their
28:16
job as we did our job. But
28:19
certainly a disappointing outcome given
28:22
the fact that we truly believe that Rubin did
28:25
help his son. I was shocked.
28:29
I just kept thinking, wait a minute,
28:32
I was just shocked. I
28:36
didn't want to believe it. I had an audio
28:38
recorded statement of Rubin admitting that he committed
28:41
a felony to JT and Clint Cole.
28:43
I mean, all I kept hearing was they
28:46
didn't commit a felony I did. I
28:48
can only bring a case if I believe beyond a reasonable doubt
28:51
that the person is guilty and that I can prove
28:53
it. I believe I proved Rubin
28:55
Flores is guilty beyond a reasonable doubt. They
28:58
came to a different conclusion. You know,
29:01
that's the decision they made. We have
29:02
to respect it, but I
29:04
totally disagree with it. It
29:06
felt sickening. I was extremely
29:09
disappointed,
29:10
satisfied that that Paul Flores was
29:12
convicted and disappointed that I was not able
29:14
to convict Rubin.
29:18
And with no answers,
29:19
everyone was left to speculate on what
29:22
had gone wrong.
29:24
At the very top of the list
29:26
was the fact that Rubin's jury had not
29:28
been allowed to view Paul Flores's DA
29:30
interview from 1996. As
29:34
an observer in the courtroom, I
29:36
perceived what I thought was a distinct change
29:38
in Paul's jury as they watched that
29:40
video, glancing down at Paul in
29:42
the courtroom to see his reactions, before
29:45
looking back up at the 19-year-old with
29:47
his arms crossed, his hands stretching
29:50
out the sleeves of his t-shirt while
29:52
he answered questions. It
29:55
was such a palpable sense that
29:57
I jotted down a prediction in the corner of my
29:59
notes that
29:59
day. If that video had played a large
30:02
part in Paul's jury finding
30:04
him guilty, maybe
30:23
not seeing it had played a large
30:25
part in Ruben's jury being unable to come
30:27
to the same conclusion.
30:29
Ruben's jury did, after all,
30:31
need to believe that Paul murdered Kristen
30:34
before they could make the inference that Ruben
30:36
helped him bury her body.
30:38
And they're in a tough spot because
30:40
they were told to base their decision
30:42
only on the evidence that they heard. And
30:45
they did not get to hear Paul's recorded
30:48
statements, and specifically his video statement
30:51
from 1996, where you can see his physicality
30:55
and his ability to do this, not
30:57
the kind of frail 45-year-old
30:59
that was portrayed in court.
31:02
So it made it real. It took
31:04
them back 26 years in a way that my
31:06
speaking never could.
31:09
Why wasn't Ruben's jury allowed to view
31:11
that video? And do you think that played a role in
31:13
their not guilty verdict? I think it
31:16
absolutely played a role in their not guilty verdict.
31:18
I think if they saw that video, they would have
31:20
come to a different decision. And that's because
31:22
of dueling rights. So Paul has a
31:24
Fifth Amendment right
31:25
not to testify. And Ruben
31:28
has a right to confront witnesses against him. And
31:30
throughout that interview, he talked about going
31:32
to his dad's house over the weekend and where he got
31:34
the black eye, was working on the truck at his dad's
31:36
house. And all of that implicates
31:39
Ruben directly. So if
31:41
I use Paul's statement against
31:43
Ruben, Ruben cannot cross-examine Paul
31:45
in that statement because he cannot call Paul to the
31:48
stand. So it's a way of preserving
31:50
their constitutional rights. It's correct.
31:52
It's fundamental to our system.
31:55
Judge O'Keefe was correct. It was unfortunate. It's
31:57
really heartbreaking. I wish Ruben's
31:59
could have seen it, and they
32:02
would have come to a different decision had they. I
32:06
also thought back to another significant moment
32:08
in the trial, when testimony
32:10
that seemed so damning for Ruben Flores
32:13
a year earlier
32:14
literally fell apart on the stand.
32:17
When his ex-tenant, David, who
32:19
spoke to me after he moved out of Ruben's house
32:22
in 2019, told a completely
32:24
different story than he had told me and
32:26
Detective Cole. In 2021,
32:30
he reported that he had lived in Ruben's house for
32:32
10 years and was completely convinced
32:35
that Ruben had helped Paul dispose of Kristen's
32:37
body.
32:38
He said he'd overheard phone calls where
32:41
Ruben spoke about Kristen and
32:43
that Ruben always referred to her as
32:45
a dirty slut.
32:47
He said he was never allowed under the deck at
32:49
Ruben's house and that a small door
32:51
that led underneath the house was always
32:54
kept locked and nobody
32:56
but Ruben had access. But
32:59
on the stand,
33:00
he insisted that he could only remember one
33:02
time that he had heard anyone say Kristen's
33:05
name, and he wasn't sure if it was
33:07
Kristen Smart they were talking about, and
33:10
he didn't even know if it was Ruben who had said it
33:13
because he didn't see the person who was talking.
33:16
Maybe it was Ruben. Maybe it was
33:18
somebody else using the phone in Ruben's house,
33:21
sitting in the other room where David couldn't see
33:23
him, talking about another Kristen,
33:26
calling her a dirty slut.
33:29
Even when he was shown a transcript of his
33:31
interview with Detective Cole, David
33:34
said he didn't remember it. He
33:36
was such a classic, I don't know
33:38
nothing, I didn't see nothing, I ain't
33:41
sayin' nothin' moment, that Paverel
33:43
took a long pause between questions before
33:46
asking, has anyone from the
33:48
defense team come to speak with you in the last year
33:50
or so?
33:52
For Ruben's jury, David
33:54
probably seemed like a confusing witness.
33:57
Why did the prosecution team even call him to
33:59
the stand? and if he had so little to
34:01
offer. Why do you think his
34:04
testimony changed? I don't
34:06
know for sure. I have not spoke
34:08
to David since then. I
34:10
was very, very
34:13
shocked,
34:14
as probably you were, at
34:16
his testimony compared to our
34:18
conversations. All I
34:20
know is he told the victim witness
34:22
advocate
34:23
that he's had COVID a couple
34:25
of times and it's messed with
34:27
his memory. I
34:30
do know that's a thing, but
34:33
I still find it slightly unusual
34:36
that his story was so different from
34:39
what he told you and I a year earlier
34:41
and what he testified to. I
34:44
wouldn't be surprised if there wasn't some
34:47
interference
34:48
from Reuben.
34:52
After each verdict was read,
34:54
Judge O'Keefe instructed the juries that they were
34:56
now free to speak to the press,
34:59
but must wait 90 days before
35:01
being paid for any interviews. The
35:04
jurors were released and followed
35:06
to their cars by reporters who were eager
35:08
to speak with them, being handed business
35:11
cards and packets as they were escorted
35:13
by bailiffs. Only
35:16
one juror
35:17
granted an interview that day,
35:19
a man on Reuben's jury
35:21
who spoke to Chloe Jones of the slow Tribune.
35:25
"'They
35:25
dug up his house and they didn't find nothing,' he
35:27
said. If I was in the other jury,
35:30
I wouldn't have changed my mind or had other
35:32
jurors try to convince me that he's guilty.
35:34
It would have been a hung jury."
35:37
He also revealed a more
35:39
shocking piece of information. On
35:42
Thursday, October 13th, 11 of
35:45
Reuben's jurors had decided that
35:47
they couldn't convict him, but
35:49
one juror
35:50
believed that Reuben was guilty and
35:53
refused to change his mind.
35:56
After the lunch break that day,
35:58
the dissenting juror number...
35:59
number 262 was
36:02
dismissed
36:03
for talking to his priest.
36:10
Once the rest of us were released,
36:12
I sat in the hallway for a while,
36:14
trying to avoid the chaos downstairs,
36:17
where dozens of news crews who
36:19
had not been present for the trial were
36:22
waiting with live TV cameras to
36:24
interview people as they exited the courthouse.
36:28
On the bench next to me,
36:29
a reporter from Court TV stopped Defense
36:32
Attorney Harold Meisik and Ruben Flores
36:35
to ask how they felt about the verdicts. I
36:38
love our system of justice.
36:41
The jury has rendered its verdict, so I might disagree
36:44
with it, but it is what it is. I
36:46
don't disagree with this one, obviously.
36:49
As I watched Ruben get on the elevator to
36:51
leave,
36:53
my head was spinning with a mix of emotions,
36:56
not really sure what I should be feeling. And
36:59
when I finally got up to leave a few minutes later,
37:01
I had another dizzying encounter.
37:04
After the verdicts were read, I was
37:07
very shaken in the hallway and I was going to walk
37:09
out and your prosecution team
37:11
was walking in the opposite direction. And
37:13
we had practiced for so many months. When
37:15
we pass each other, we are not going to look at each
37:17
other. And before I passed you,
37:20
you kind of stepped in front of me. You
37:22
put your arms around me. But I can't
37:24
remember for the life of me what you said to me. It's
37:27
kind of a blur. This was the first
37:29
moment that you and I really spoke
37:31
and connected. Do you recall
37:34
that moment? Oh, I recall that moment because
37:36
I had been waiting to convey to you
37:38
how much I appreciated.
37:40
I don't remember what I said,
37:43
but I'm not sure it matters because I
37:45
think you got what I was trying to convey.
37:52
It was a very meaningful moment for me. Good.
37:57
Me too. On
38:01
the front courthouse steps, Defense
38:04
Attorney Harold Measek and Ruben Flores
38:06
stood in front of a sea of reporters and cameras.
38:10
And even though he was only facing a maximum
38:12
of three years in prison, which
38:14
likely would have been reduced to just a year and
38:16
a half because of how long he'd been wearing an
38:18
ankle monitor,
38:20
while his son,
38:21
facing a life sentence,
38:23
had just been convicted of first-degree murder
38:26
when the first reporter asked how he was feeling.
38:30
Are you all tired now? Not relieved.
38:33
That was a lot of made-up
38:36
things.
38:37
Measek smiled proudly,
38:39
wearing sunglasses and patting
38:41
Ruben on the shoulder. This
38:43
is just like in the movies, huh?
38:45
He joked, looking around at all of the
38:47
cameras. Just like you did? The
38:50
two men fielded questions for the
38:52
next 15 minutes. Mr. Measek,
38:55
this is a big case for you. Is this the biggest
38:57
case you've won? Want
38:59
to take it on? No.
39:03
But it's the one I've been most invested
39:07
in on a personal level. Because
39:10
as you might remember, what I said at the very beginning
39:12
in this case, this man is not just
39:14
not guilty, he's absolutely innocent. And
39:17
today's verdict proved that.
39:19
So you can quibble with me on
39:22
the words there, but he never should have
39:24
been charged. And
39:26
I'm very pleased with the outcome. Love
39:28
our system of justice. Jury
39:31
is what it is. Jury has absolute power to
39:33
say whatever they want to say. But
39:35
in this particular case, they said not guilty, and I think
39:37
that's the right verdict.
39:39
What do you plan to do for the rest of
39:41
the day? What are you doing next? I
39:43
don't know. Going to Disneyland? No,
39:47
I don't know. I have no idea. Just
39:50
stop and sit.
39:52
Any messages from our Rio Grande community? I'll
39:58
speak on his behalf here. It would be nice to hear that. if
40:00
the community would actually
40:02
honor the presumption of innocence. If
40:04
you go online like I do frequently or
40:07
get the comments forwarded
40:09
to me, like my phone's blowing up right now, there
40:13
is just so much animosity towards
40:15
this man, his family, there's so much
40:17
hate and I
40:20
really have never understood it. I understand
40:22
that people are upset that Kristen is missing.
40:25
I understand they want a person to be responsible
40:27
for that. But the,
40:29
just the, you
40:32
know, let's lynch them, let's burn
40:34
them, let's hang them, let's kill them. I don't know
40:36
where that comes from in this country.
40:39
And I wish the community who still
40:41
feels that way would disabuse
40:43
themselves of those feelings.
40:46
An hour later, the media gathered
40:48
in the Monterey County District Attorney's office
40:51
for a press conference. Good afternoon,
40:53
everyone. I'm District Attorney Dan Dow
40:55
for San Luis Obispo County. And
40:58
we're just very pleased today that we can finally
41:01
acknowledge that after more than 26
41:03
years since her murder, and
41:07
being taken from her family, our
41:09
criminal and victim justice system has
41:12
now finally delivered justice for
41:14
Kristen.
41:16
Today's guilty verdict provides
41:18
some sense of justice for Kristen. Today,
41:22
justice delayed is not justice
41:24
denied. We're very grateful to
41:26
both juries for their hard work, for performing
41:28
their civic duty. They've shown
41:30
great commitment
41:32
to their duty by enduring the long
41:34
trial and reviewing the mountain
41:37
of evidence that was presented. At
41:39
this moment, Kristen Smart's father,
41:41
Mr. Stan Smart, would like to
41:44
make a statement on behalf of the family. Mr.
41:46
Smart. Thank you.
41:50
I'd like to make a comment that my wife
41:52
and I, we discussed in
41:54
briefly, and obviously,
41:57
you all recognize this.
41:59
Kristin there is no joy or happiness
42:02
in this verdict. After 26
42:05
years with today's split verdicts,
42:08
we learned that our quest for justice
42:10
for Kristin will continue. This
42:13
has been agonizingly long journey
42:16
with more downs than ups, but
42:19
we are grateful and appreciate
42:21
the diligence and energy of the two
42:24
juries to thoroughly review the facts
42:27
and reach their decisions.
42:29
Our faith in the justice system
42:32
has been renewed by their commitment
42:34
and effort.
42:36
We feel fortunate to
42:38
have relied on the professional talents
42:40
and the commitment of
42:43
the deputy district attorney Chris
42:45
Purvell, district attorney Dan
42:47
Dow, Beth Raub,
42:49
our victim witness advocate, and
42:52
paralegal Becky Crippie and
42:54
the stellar team of the San Luis
42:57
Obispo County District Attorney's Office.
43:01
We would also like to acknowledge Sheriff Ian
43:03
Parkinson, Detective Clint
43:05
Cole, District Attorney and Investigator
43:08
J.T. Camp, and the San
43:10
Luis Obispo Sheriff's Office for
43:13
their tireless commitment
43:15
to making Kristin a priority.
43:18
The steadfast efforts of this
43:20
team and so many others ultimately
43:22
made these trials possible.
43:26
Finally, we are also thankful
43:28
for the selfless contributions
43:31
of Chris Lambert, his
43:33
Your Own Backyard podcast
43:35
which brought not only information,
43:38
new information, and also
43:40
the needed light during our darkest
43:42
moments sharing Kristin's voice
43:45
and story. Our family
43:47
is comforted and strengthened
43:49
by the knowledge that Kristin continues
43:52
to be held in the hearts and memories
43:54
of so many people. We will
43:56
never be able to personally thank
43:59
everyone.
43:59
But please know our gratitude
44:02
and love goes out for each
44:04
of you who have been with us
44:06
for this long, overwhelming, and emotional
44:09
journey. We are forever stronger
44:11
together. Most
44:14
importantly, to our Christian almost
44:16
three decades ago,
44:18
our lives were irreparably
44:21
changed on the night
44:23
you disappeared. Know that
44:25
your spirit lives on
44:28
in each and every one of us. Not
44:31
a single day goes by that you
44:33
aren't missed, remembered, loved,
44:36
and celebrated. Thank
44:39
you.
44:40
We are very grateful to Sheriff Ian Parkinson.
44:43
Sheriff Parkinson. You
44:45
know, we talk about justice and
44:47
closure. The reality
44:50
is there is some form of justice today
44:54
holding the person responsible.
44:56
However, that doesn't change
44:59
the fact that their daughter
45:01
at 19 disappeared
45:03
and was murdered. And
45:06
they don't have the opportunity to see her graduate
45:09
from Cal Poly, be married,
45:12
have grandchildren for them. So
45:15
every year that goes by,
45:17
they continue to suffer for
45:19
this loss. This case
45:21
is not over. This case
45:23
will not be over
45:26
until Kristen is returned home. We
45:29
don't take a breath. We
45:31
do not put this aside. We
45:33
continue to pursue this until we
45:35
bring Kristen home to the family.
45:38
And that I remain committed
45:40
to.
45:42
Chris Probel, our All-Star.
45:44
I just want to start on behalf of
45:46
the entire Sloan County team. We
45:49
want to thank the Smart Family. They've
45:51
endured what no family should ever have
45:53
to go through. Their
45:55
perseverance has been an inspiration to
45:57
us when we retired.
45:59
When times were tough, we
46:02
said amongst ourselves, if they
46:04
can do it, then we can do it. So from the bottom
46:06
of our hearts, thank you for being our
46:08
inspiration and our rock. We
46:11
also are indebted to the
46:14
people of the San Luis Obispo County
46:16
community for their patience, for
46:18
their support, their support
46:20
of the Smart Family, and the ongoing investigation
46:24
and ultimately the prosecution effort. We're
46:27
thankful for specific caring individuals
46:29
such as Christopher Lambert, who
46:33
devoted countless hours in
46:35
order to keep Kristen's memory
46:38
alive in the case at the forefront of
46:40
the hearts and minds of people in our community.
46:43
His podcast helped to identify
46:46
additional new witnesses and the collection
46:48
of important evidence that was critical in
46:50
the prosecution of this case. To
46:53
us, when we looked at the evidence, it was clear that
46:55
Mr. Flores was an incredibly dangerous man
46:57
to be free in the community where
46:59
he
46:59
lived. Based on the testimony
47:02
of these does of what he did
47:04
to them, clearly now with this
47:06
verdict, we removed a predator from
47:08
the streets of that community in Los Angeles
47:10
County.
47:19
When I left the press conference that day, my
47:21
car packed with my belongings for the last time
47:24
as I prepared to leave Monterey County, I
47:27
couldn't help but feel that I had squandered my
47:29
opportunity to ever meet or
47:32
speak with the jurors.
47:34
After spending four months in the same room
47:36
with them,
47:37
it felt like the last day of school,
47:40
only I had never spoken to a single
47:42
one of them
47:43
and I didn't even know their names. While
47:46
the other media outlets were diligent and
47:48
even aggressive about passing out their contact
47:51
info to them,
47:52
I was sitting in my car,
47:54
emotionally overwhelmed.
47:57
I hoped they might listen to the podcast.
47:59
and find a way to get in touch with me on their own.
48:03
If nothing else,
48:04
I wanted to thank them. I
48:07
would later learn that some of them didn't even get
48:09
out of the parking lot before they had downloaded
48:12
the first episode. Others,
48:15
exhausted by the whole experience, waited
48:17
a little longer. But
48:19
by the following week, all
48:21
of them had started to listen
48:24
and started to talk about it as
48:27
a group.
48:28
They were collectively traumatized, but
48:31
they were also bonded. They
48:34
formed a group text thread and
48:36
stayed in touch. They
48:38
discussed the podcast together
48:39
and things they were learning about the case
48:42
now that they were allowed to Google it for the first
48:44
time. A few
48:46
weeks after their verdict, Paul's
48:48
jurors went out to dinner together, all 12
48:51
of them, and talked about the case
48:53
some more. Their jury
48:55
duty was over, but they
48:57
weren't finished.
48:58
And
49:00
during that dinner, one of them sent
49:02
me a message. Hello,
49:04
Chris. My fellow jurors
49:06
and I are just finishing up dinner. We
49:09
would like to take a trip down to San Luis Obispo,
49:12
and we're wondering if you could meet with us. We
49:15
feel that having our first media release with you
49:18
will help us heal and process everything
49:20
we've recently experienced.
49:23
They drove down as a group on a Sunday,
49:26
and we talked for hours,
49:29
many hours.
49:31
I edited that conversation down as much
49:33
as I could bring myself to
49:35
in the interest of keeping things somewhat concise
49:38
and digestible. It's
49:40
still long though.
49:42
What you're about to hear is less
49:44
of an interview
49:45
and more of a collective therapy session.
49:49
After months away from their homes and families,
49:52
months of not being able to talk about the case,
49:56
there was a lot of crying.
49:58
There was a lot of laughter.
49:59
plenty of sadness, and
50:02
a lot of relief. Here's
50:05
me and seven of the real-life
50:07
human beings that convicted
50:09
Paul Flores, plus one alternate,
50:13
meeting for the first time for
50:15
a roundtable discussion about the
50:17
trial. I'm
50:20
glad I'm here. I'm glad we're here together and
50:23
being able to like confront it and be able to talk
50:25
about it. You know, a lot
50:27
of us are mothers
50:29
and we have sons, and
50:32
when we were chosen or
50:35
selected for this, we
50:37
wanted to be able to be
50:39
on fairgrounds, you know, and
50:42
be unbiased. Cause that
50:44
is a question that you're asked in front of everybody
50:46
in the court. For me, I
50:48
would never want to say yes about
50:50
something if it wasn't true. I
50:53
took that
50:54
very seriously. I was
50:56
a mother in that stand for Kristen and
50:58
for Paul.
50:59
And that's how I walked in on
51:01
that cause I didn't know anything about the case. We've
51:05
grown really close because we did have
51:07
a lot of time together and
51:09
we got to know each other and we respect each other
51:12
greatly. We consider
51:14
each other's feelings and thoughts.
51:16
It was difficult. We couldn't
51:19
talk about it to our family. We couldn't talk about it to
51:21
our spouse, our friends, our
51:23
counselor, you know, even to each
51:25
other and the priest, they lives, you know. It
51:28
was a little ridiculous and. Can
51:30
you talk to dogs? Yeah. But
51:33
I was gonna say. About like the media
51:36
really quick is that we all,
51:38
we talked about it before we walked out. I'm so glad. 86, I
51:42
believe, was the one that brought it up to us. Hey guys,
51:44
wait a second. What do you think? Should
51:46
we talk to anybody? Should we not talk to anybody? And
51:49
so we all decided together as a team, we respected
51:52
each other enough. We consider each other's feelings.
51:56
And privacy and whatnot enough. And
51:58
the family, the smart family.
51:59
enough to be like, guys, we all
52:02
want to be on the same page. Whatever we do, we want to do
52:04
together. Even if not all of us
52:06
can be here, we want to be still on the same
52:08
page. Is it OK if we can all
52:11
do it when? Right away, we
52:13
all said we wanted to just talk to you.
52:16
Yeah. Yeah. And we all met
52:18
together. We had a dinner just to confirm
52:20
that that's what we wanted to do because
52:22
there's so many people that reached out to us, so many
52:24
options that we had. And it's like
52:26
it's not, it's you, it's
52:29
the family, and it's
52:29
your following where it's just, there
52:32
needs to be a conclusion. There needs to be closure.
52:35
At the same time, this is the beginning
52:38
because there's still a lot that needs to be
52:40
done. So this is our start, for
52:43
sure. Like we felt like it
52:45
was important to be here with you
52:47
first before anywhere
52:49
else. And that means a lot
52:51
to me. Thank you again for driving down here for this.
52:54
Can we first go around the room and can
52:57
each of you just give us your age and
52:59
what you do for a living?
53:01
I will say thank you for believing
53:04
I was under 30. I
53:11
just had turned 35, and
53:14
I do photography full time. I
53:16
am 36 years old. I
53:19
work
53:20
with behavioral health. I
53:23
am 50, and I am an
53:25
HR analyst. I am 29
53:28
years young, and I'm
53:30
an administrative aide for Santa Cruz
53:33
County for the Board of Supervisors.
53:35
I was 28 during
53:38
selections, but throughout the trial, turned 29.
53:42
I know. And then I'm actually
53:44
an operations manager
53:47
for a bank. I turned 57
53:49
during the trial, and
53:52
I'm a business owner. And so?
53:55
I am a dental assistant. I
53:58
just wanted to work with you. like that. Okay,
54:01
and I'll
54:01
say he looks 30. I'm juror 310 and I was
54:03
an alternate for
54:11
Paul Flores's trial.
54:12
I'm a one-person office with 425 doctors that
54:14
span three counties.
54:17
I was biting at the bits to get back to my
54:19
job.
54:19
Can you talk about when you first got your jury
54:22
summons in the mail? From that point
54:24
forward, just what was the jury selection
54:26
process like? Were any of you desperate
54:28
to get out of
54:29
it? When the slip came, I
54:32
can try to blame it on mom brain. I literally
54:36
forgot that it
54:38
was the day of that I was supposed
54:40
to call the night prior and
54:43
I, you know, read that form and I thought
54:45
I was gonna like get in trouble, get fined,
54:48
arrested. Like I didn't know.
54:51
I went online
54:53
and it said it gave you one time
54:55
reschedule. So I did that online.
54:58
They sent me a new date. Okay, great.
55:00
Put it on my counter, put it on my phone, put an alarm.
55:03
You know, I'm not gonna miss this again. And
55:06
it was like the evening and my husband was like, didn't
55:08
you have jury duty today? Did you call? Did you do
55:10
anything about it? And I was like,
55:13
oh no, like I really am gonna get arrested
55:15
this time. You know, something is gonna happen this
55:17
time. So I called and
55:19
the lady on the phone
55:21
at the courthouse, she's like,
55:23
oh, don't worry. I'll just reschedule you. But guess
55:25
what? You're actually gonna have to show up this time. That
55:28
was the day that they were doing selections
55:30
for Paul's jury. I
55:32
was on the alternate. I was the next one.
55:34
I was gonna be 13. And
55:38
on Paul's jury, chair three,
55:40
she stood up and she
55:42
said, your honor, because
55:44
they were about to swear everybody in. And she said, your
55:46
honor, I do have something to say
55:48
and you do have it in your podcast about that.
55:51
And she's like, I did make up my mind.
55:53
And she's like, how come you didn't tell me earlier? The
55:56
judge said that. And
55:58
she's like, well, I just.
55:59
I just figured out, like
56:02
I just inside, you know,
56:04
saw myself thought process that
56:06
I did make my decision. And
56:08
so then they walked back, they
56:10
came out, they dismissed her.
56:12
And then they put me in her chair
56:14
and sworn me in. And
56:17
I was like, did I just become the twelfth
56:19
juror? I didn't want to do it. I did not
56:22
want to do it. So not
56:24
to get too personal, but in March
56:26
I just had hip replacement.
56:28
And so I had been off work from
56:31
March to June. So
56:34
I went back to work for two weeks. And
56:36
then I said, oh, by the way, I have
56:38
to go to jury duty. I'll be back.
56:41
So I tried to use my hip surgery
56:44
as an excuse. I work for the city of Marina.
56:46
I'm friends with chief of police and, you
56:48
know, and that didn't work. My mom
56:50
just had a big fall and was in ICU
56:53
and I tried that and that didn't work. And
56:56
so they wanted me for some reason.
56:58
I don't know why. Because I didn't
57:00
want to, I'm very thankful for the jury
57:04
group that I had because it made it
57:06
an easier process.
57:09
I didn't want to do it, but I'm glad that
57:11
it was with you guys. When I got the
57:13
summons, I was like, how do I get out
57:15
of this? But I was afraid that
57:17
I was going to get arrested. So I was like, I
57:19
better go. So
57:22
I show up and there
57:24
was a room full of
57:26
people. So many people, I made
57:28
good friends with the lady next to me and she was like, I
57:31
hope you don't get picked. I'm like, you too.
57:33
See you later, girl. But
57:35
when we made it to the next
57:38
step, there was a sheet and
57:40
you had to like fit the questionnaire. I
57:42
got called back and I forget
57:45
the name of the process where they ask you questions.
57:48
But I remember thinking to myself because I
57:50
heard from people like they're going to grill you and they're
57:52
going to ask you so many questions. And then that's how they
57:54
choose who they want to be. And they never
57:57
asked me anything. I was just sitting there
57:59
and I was one.
57:59
out of 1,500 and I was just like, this
58:02
was so easy. Like, why isn't this process so
58:04
much harder? I
58:06
remember looking at the trial
58:08
schedule on the wall and I was like, four months, that
58:11
sucks for whoever is going to get selected. And
58:14
then joke was on me because
58:16
when we ended up getting selected, they
58:18
were like, oh, you know, you're going to have to be here for four
58:20
months. I'm like, oh my god, that's our
58:22
schedule. I got my summons during
58:25
my time that I was still out on FMLA.
58:28
I was still baby bonding.
58:30
You know, I just had my baby. And I said,
58:33
oh, great. Now I have to go in
58:35
for this. And I told my boss, I'm
58:37
like, hey, I got summon for jury duty. I'm going
58:40
to show you my paper so you know. So I'm going to take off
58:42
this day. And he's like,
58:43
that's today, sweetie. And I
58:45
looked at him and I'm like, holy
58:49
mother of god. I said, I'm the word, but we're going to be, we're
58:52
going to use nice words here. I
58:55
said, oh my god, what happens? And he's up. You
58:57
might get arrested. Just make sure it's not here at work. I've
59:00
never been in trouble. I'm a good girl.
59:03
Why did this happen to me? Not just that,
59:05
but I was still breastfeeding you guys. That
59:07
was the hardest thing for me. And I
59:09
thought, well, if I'm going to tell the judge one thing is I'm
59:11
still breastfeeding. You know, I need to breastfeed that
59:13
little one until he's good
59:15
to go. And he's not good to go. So that was
59:17
going to be my excuse to get out.
59:19
And I'm like, OK. Somebody did call
59:21
me and they're like, oh, we'll reschedule for you. You get another
59:23
summons in the mail. Just make sure to watch out for
59:25
this one. And make sure you do come in if you can't.
59:28
And I told her, I'm like, hey, what about if
59:30
I'm still breastfeeding? And she flat out tells me, we
59:32
have breastfeeding rooms. Don't worry. And I
59:34
said, I'm not worried. So
59:38
this is my third jury I served. The
59:41
other two were not even
59:43
close as being as long as this.
59:45
I think one was three days
59:47
and one was a week. And what
59:50
a difference. I want to
59:53
say that was like my third time receiving
59:55
the summons paper. The first
59:58
two times I've got it, it was always like.
59:59
Oh, call the night before they'll tell us to show
1:00:02
up or not. Never had to go. This
1:00:04
third time, I did. Walking into
1:00:06
that big jury room and seeing all these people.
1:00:09
My first thought was like, why is it so intense?
1:00:12
It's so quiet.
1:00:15
Where's the TV? Where they really
1:00:17
got us facing this wall? The
1:00:20
whole time I'm sitting there on those chairs, my boss
1:00:22
is texting me because I play a big role at my
1:00:24
job. She's texting me. She's
1:00:26
like, so what's going on? Are
1:00:29
you going to get there? Are you going to go? She's
1:00:31
like, find a way to get out of it. I was like, well, I'm sitting
1:00:33
here and we're not doing anything. No one's
1:00:35
talking to us. I'm looking at the clock. I was
1:00:37
like, I'll let you know what happens.
1:00:39
The next day, I'm sitting
1:00:41
there again, texting her. She's like, so
1:00:44
did you get picked? I
1:00:46
kind of left her on red. I called her
1:00:48
and I was like, I have news. She's
1:00:51
like, no, don't tell me you got picked.
1:00:53
I was like, I did. I did.
1:00:56
I couldn't get out of it, even though I didn't even
1:00:59
try to get out of it.
1:01:02
I didn't think I was going to get picked, but
1:01:05
I had kind of
1:01:07
a lull in my life. My kids were
1:01:09
raised. I didn't really have any real
1:01:12
reason, no breastfeeding. No, you
1:01:14
know, that was all over. And
1:01:17
I work at night. I work on weekends. I just
1:01:19
rearrange my schedule. So I really didn't have any reason
1:01:22
to be out of it. The
1:01:24
week before, I was listening to
1:01:27
a message from my pastor and
1:01:29
he was saying, like, you know what, if you're feeling a
1:01:32
little depression in your
1:01:32
life, maybe it's because you're not giving back to your community.
1:01:36
And volunteerism is a big deal.
1:01:39
Maybe give back, lift your spirits
1:01:41
that way. So I was in
1:01:43
favor of partaking in this
1:01:45
from the get go.
1:01:46
Me, I just,
1:01:49
last jury selection, like
1:01:51
two years ago, I was making
1:01:54
excuses to be off the
1:01:56
jury. I got away with it.
1:01:59
And then... I guess this is the time
1:02:01
I was thinking that I need to
1:02:03
be a jury because I got away with
1:02:06
last time and I just go
1:02:08
with the flow. Whatever happens, it
1:02:10
happens. I end up being
1:02:12
a juror.
1:02:13
That's it. Well, are you happy that
1:02:16
you're with us? I know. Yes. I
1:02:19
know. Like only among the 1500, three
1:02:23
of only guys was in
1:02:25
that jury. I
1:02:28
guess I'm lucky because I'm one
1:02:30
of the guys. Povell was asking
1:02:32
me,
1:02:33
are you going to be biased? He
1:02:35
gave me an example
1:02:37
on the
1:02:39
baseball game or something. It's
1:02:41
what you see on the game
1:02:42
on the baseball. And I don't know really
1:02:45
about baseball, but I saw
1:02:47
as I am not biased. That's the
1:02:49
main thing.
1:02:50
Let's talk about your first impressions. When
1:02:52
you first saw the prosecution team,
1:02:55
the defense attorneys, the defendants themselves,
1:02:57
the media, what were your first impressions
1:03:00
when you walked into that courtroom?
1:03:02
The first time I walked in, I kind of
1:03:05
got an odd vibe.
1:03:07
I didn't know who anybody was. And
1:03:10
it's just like, why
1:03:12
is there no expression? As
1:03:15
the process went on, as the trial went on,
1:03:17
where
1:03:18
you're finally getting more pieces and
1:03:20
understanding through the process, it's
1:03:22
like you're given a puzzle, but they take
1:03:26
away like 10 pieces. So
1:03:29
it's like you're trying to figure it out on your
1:03:31
own because I wasn't trying to take in anything
1:03:34
from either attorney, defense or prosecution.
1:03:36
I tried to go by what the judge said and she said,
1:03:39
just take what was on the witness stand. So
1:03:41
that's how I felt. I honest,
1:03:44
the last person I will say, the
1:03:46
judge, I was just, I admired her.
1:03:49
So I was grateful
1:03:51
that I was even able to be there
1:03:53
in her presence in a sense. Would
1:03:57
I want to do this again? No, never again.
1:03:59
And I think for me it was walking
1:04:02
in the first day and then you know how they were opening
1:04:05
the door for us and they were all in a
1:04:07
row just looking at us walk in.
1:04:09
I'm like who are
1:04:11
these people? Okay they're all in
1:04:13
suits. Okay they're all looking at me. Alright
1:04:16
look down walk away. Just get to
1:04:18
your seat and walk away. My job is just
1:04:20
to observe and obtain all
1:04:22
the information given to me. I'm like okay give it to me
1:04:24
just give it to me. I'm ready to listen. Not
1:04:26
really sometimes I was really tired but
1:04:28
we were there we were all there
1:04:29
we all did it. When I went into
1:04:32
the courtroom because I have two
1:04:34
sons that are similar age but
1:04:37
then as I looked
1:04:39
around in the courtroom and I started listening
1:04:42
to testimonies and different things then
1:04:44
I realized I have several
1:04:46
nieces you know so there
1:04:48
is no bias for me on one way or the other.
1:04:52
I kept saying I feel like the perfect juror
1:04:54
to myself because I didn't have any
1:04:56
preconceived notions or messages
1:05:00
and my husband
1:05:01
is he's been on jury
1:05:03
duty several times and he's so good about not
1:05:06
talking not letting anyone talk
1:05:08
you know. Because sometimes it's really
1:05:11
hard you come home and you hear
1:05:13
some things and there was a couple
1:05:15
of really intense days and
1:05:18
he'd just say honey it's when it's
1:05:20
over we'll talk when it's over we'll talk.
1:05:22
It was very intimidating to walk into
1:05:24
that
1:05:25
building and everybody just staring
1:05:27
at you as you're walking in. It
1:05:30
was like okay this is real this
1:05:33
is on me
1:05:34
and the fellow jurors and
1:05:37
we've got to take this seriously and
1:05:40
this is the rest of this is my life for
1:05:42
the next three or four months just being
1:05:44
there and being present and just
1:05:47
taking a step back
1:05:49
and breathe. I too agree
1:05:51
that it was very intimidating. My
1:05:54
face actually did this really weird thing when
1:05:56
like per valor singer would like
1:05:59
because
1:05:59
I was.
1:05:59
right in the middle and front
1:06:02
row up and centered. When
1:06:04
they would like come in
1:06:06
front of us and they would like look directly
1:06:08
in my eyes like my face would twitch I'm like where's
1:06:11
where why is my body doing this really weird thing
1:06:13
that it's never done before it was very
1:06:15
very weird.
1:06:17
I will say that I did this
1:06:19
thing or I had this strategy where I would look
1:06:21
everybody in their eyes I looked at
1:06:23
Paul a lot and I know I don't know
1:06:26
if he felt my presence but it's like whenever the witnesses
1:06:28
were up there or whoever was speaking I
1:06:30
wanted to see what his reactions were because I feel like
1:06:32
actions speak louder than words and I feel
1:06:34
like I did catch a lot of things that maybe a
1:06:36
lot of people miss whether it was the gulps
1:06:39
that he was taking or like what when
1:06:41
he would go like what was the topic of conversation
1:06:43
or but I I
1:06:46
did notice that a lot as well. I
1:06:49
tend to just smile all throughout like
1:06:51
that's just my personality and so it's like
1:06:54
what like what are they thinking of us versus
1:06:57
us what are we thinking about them too it's
1:06:59
like you don't want to give off this impression
1:07:01
that you're not taking it seriously
1:07:03
or I don't know there's just so
1:07:05
many emotions so many emotions. Walking
1:07:08
into the courtroom my first thought
1:07:11
was like this isn't like the movies
1:07:14
you know I didn't know who was who the
1:07:17
courtroom was so small everyone
1:07:19
in the front sharing tables like you
1:07:22
know in the movies they have you know a table
1:07:24
for you know what the one group
1:07:26
and then another table for the other group and this was
1:07:29
it was not it I couldn't really you know pick out
1:07:31
who was who or people
1:07:33
in the front you know wearing these suits and stuff and
1:07:35
you know like you guys were saying I mean it is intimidating
1:07:38
and I wore a mask throughout
1:07:40
the whole trial not
1:07:43
just because of COVID but also because you know facial
1:07:45
expressions I feel like I tend to make facial expressions
1:07:48
so also like hiding that too.
1:07:50
I did find it very intimidating at first to
1:07:52
walk in there and have all those faces and suits staring
1:07:55
back at you
1:07:56
but I also felt very important. I
1:07:59
thought They put him in an oversized suit
1:08:02
to make him look down and out. I
1:08:05
felt like that was an obvious thing
1:08:07
that they did that he
1:08:09
looked like poor me. I
1:08:12
didn't like the fact that he was in a mask
1:08:14
the whole time, but I get it. And
1:08:18
Mr. Misik, I didn't get much out of, and now I
1:08:20
know why, because I don't think he really worked very
1:08:22
hard
1:08:23
for his client. Said some
1:08:25
flippant stuff at the microphone rather
1:08:27
than being serious. He would just be like,
1:08:29
hi, just wanted to say hi. That
1:08:31
wasn't appreciated by me. I didn't like that.
1:08:34
It was a murder trial, and I feel like his
1:08:36
little jokes were good in
1:08:38
that direction. Yeah,
1:08:41
he wasn't taking it seriously because he was like, oh, I'm going to get
1:08:44
out of this one way or another. My client's going to be found
1:08:46
guilty. Then he gets to walk out, and if my client's
1:08:49
found innocent, he gets to walk out. I mean,
1:08:51
that was, I think, horrible.
1:08:55
Mr. Sanger's jokes, I
1:08:58
felt it was a tactic that
1:09:00
he used to try to soften us in
1:09:02
some kind of way. He was very
1:09:05
unorganized, and that added to
1:09:07
it. I couldn't tell if that was a strategy
1:09:11
of his, but I didn't like that that would have been a strategy,
1:09:13
or it wasn't a strategy. If you were really unprepared,
1:09:16
shame on you. And if it's a strategy, this is really
1:09:18
bad because you think we're idiots. So
1:09:21
that was annoying
1:09:22
because I thought they were underestimating
1:09:25
us. You didn't get over on me,
1:09:27
Mr. Sanger. The
1:09:29
private investigator of Sanger
1:09:31
is always looking at me. I don't know if he's looking
1:09:34
at me or he's looking at you or
1:09:36
the jury. Yeah, because I sat right next to
1:09:38
you. Yes, it's like I
1:09:41
am. That's why I don't
1:09:43
even look at the audience.
1:09:45
I'm just looking at the judge and the
1:09:48
witness.
1:09:50
Oh, too.
1:09:51
And on our first recess,
1:09:54
because I don't know anybody, I just go
1:09:56
to the room, you know, the
1:09:59
one that has a lot of people. of seats because
1:10:01
I don't know anybody. I just go to that
1:10:04
one of the seats and look at
1:10:06
my cell phone. That first day
1:10:08
I don't know anybody so I just and
1:10:10
then as days pass by I
1:10:12
get to know the other
1:10:14
guy. I don't
1:10:16
know. It's really
1:10:20
number number four I think
1:10:23
I got close and then I said little
1:10:25
by little I get to know everybody. When
1:10:27
you first heard that there was a podcast about the
1:10:29
case which was probably brought up on day one,
1:10:32
what did you think about that? What were your initial thoughts
1:10:35
and when did you put two and two together that I
1:10:37
was the person in the courtroom who had made
1:10:39
the podcast? And now that you're done
1:10:41
and a lot of you have listened,
1:10:44
what are your thoughts on it now? Well
1:10:46
I know since Singer was the one that brought
1:10:49
you up so much in the podcast I kind
1:10:51
of had his impression and I think maybe that's why
1:10:54
he mentioned it so much so we could have his impression.
1:10:56
Somebody's meddling.
1:10:58
Why are they doing it? Because that's what we were
1:11:00
given. But as time
1:11:02
went on and he kept trying to build this picture
1:11:05
of you I just started being able
1:11:08
to see especially with the other witnesses
1:11:10
that were saying we're just trying to bring
1:11:12
her home. We're just trying to have justice.
1:11:15
It's like I started being
1:11:17
able to grow and grow and respect for
1:11:19
you and what you did. And even
1:11:22
though not knowing anything that was on it
1:11:24
we were able to write notes but
1:11:27
we couldn't take any of the notes.
1:11:28
We couldn't take pictures of the notes. We couldn't bring any of the
1:11:30
notes with us. So
1:11:32
knowing that somebody is
1:11:34
there,
1:11:35
somebody's keeping track.
1:11:37
You weren't there one day I believe or something like
1:11:39
that. And I noticed
1:11:41
because I'm looking right and I'm like okay
1:11:43
the guy with the beard, the cool
1:11:45
guy, it's got to be the podcaster.
1:11:48
It's got to be him. He looks pretty
1:11:50
cool, pretty chill. And
1:11:52
then I look and it says your own backyard
1:11:56
on your media tag. I was like okay
1:11:59
that's got to be him.
1:11:59
But you're so, you know, professional
1:12:02
and serious. I literally
1:12:04
only saw you once glance at me. So
1:12:07
catching everything you did, I feel, is
1:12:09
pretty amazing. Especially
1:12:12
from the back where you sat, you couldn't see,
1:12:15
in our opinion, anybody's faces
1:12:17
were what we saw. But
1:12:19
you were able to catch a lot more than we
1:12:22
could have possibly imagined that you were
1:12:24
able to do. To be able to finally hear
1:12:26
it and hear how professional it was, the
1:12:29
production and everything.
1:12:29
And I commend
1:12:32
you for that. Without you, we wouldn't
1:12:34
be here. I'm on episode
1:12:37
two. But hearing
1:12:39
from you guys, I really need
1:12:41
to listen to it.
1:12:43
You were supposed to be here with us. I
1:12:46
wish I was there too. The first
1:12:49
time your podcast was mentioned,
1:12:51
I remember writing in my notes, podcast
1:12:54
question mark. And
1:12:57
every time it was mentioned, I would go back and I would
1:12:59
put like a little tally like, okay, like this, this
1:13:02
thing must be like really important that
1:13:04
you know, it's, it's coming up so many
1:13:06
times. And so I
1:13:08
never listened to podcasts ever to any
1:13:11
podcast. Like it's not my, it's not my thing.
1:13:14
It took me a while to listen
1:13:16
to your podcast. I feel like after
1:13:18
the verdict was read, I just needed some
1:13:21
time to
1:13:22
not necessarily forget about it. But
1:13:24
just to take a breather. Once I started
1:13:27
listening to the podcast, it
1:13:29
was a whirlwind of emotions. I
1:13:31
feel like,
1:13:33
yes, people say justice was served, but I
1:13:35
feel like we were robbed of information during
1:13:38
the trial. I get why things
1:13:40
weren't brought forward for multiple
1:13:42
reasons. But yeah, I feel like
1:13:44
that's the hardest thing that I'm battling right
1:13:46
now is Ruben still out there,
1:13:49
Susan still out there. And God forbid
1:13:52
something happens to someone
1:13:54
else. But I feel
1:13:57
confident that we did make the right decision,
1:13:59
but I just feel. for all the victims that
1:14:01
came forward and for those that didn't
1:14:03
out there. We're with
1:14:05
you, we hear you, and it doesn't
1:14:08
stop here. It doesn't and I want
1:14:10
to thank you for doing the work that you've
1:14:13
done because it's you you were the
1:14:15
voice for so many people that
1:14:16
couldn't speak or come forward and that's
1:14:18
really hard but. I remember Singer
1:14:21
saying yeah he's here in the courtroom
1:14:23
too and I just remember looking and there was
1:14:25
just something about you I was like you look like a podcaster
1:14:29
like I feel like I pinned you out like
1:14:31
right from the get and then
1:14:33
also too you kind of turned red a little bit I
1:14:35
was like oh but you were just so
1:14:37
like you composed you poker face
1:14:40
so professional and so
1:14:42
eloquently spoken and
1:14:44
I just you're amazing
1:14:48
and I feel like this is you were you were meant to
1:14:50
do the things that you're doing and I feel
1:14:52
like I'm getting
1:14:55
emotional. So I knew there
1:14:57
was a podcast going in I just didn't know
1:14:59
your name I didn't know anything about it
1:15:02
I never realized until I saw your picture when
1:15:04
I watched afterwards I started you know
1:15:06
on television I don't know if it was Netflix
1:15:09
or somewhere and I realized oh
1:15:11
my gosh he was sat in the back of the courtroom
1:15:13
the entire time so
1:15:16
that's what I realized who you were. For me I
1:15:18
couldn't listen to your podcast it took me
1:15:20
I think a week and a half of
1:15:23
thinking about it should I listen to it should
1:15:25
I not listen to it and
1:15:28
I'm like I'm gonna listen to it I want more information
1:15:30
I feel like I was needing a little bit
1:15:32
more so I am so
1:15:34
thankful I did in
1:15:36
the end you answered a
1:15:38
lot of my questions I had
1:15:40
but I also came back with some yeah
1:15:43
Mr. Sanger brought it up a lot I would
1:15:47
turn and look and I'm like he's writing on top
1:15:49
of his back but he needs like a little
1:15:51
desk oh my gosh I should tell him that there's little desk
1:15:53
at a hobby lobby just kidding
1:15:55
no don't go shopping right now okay but yeah
1:15:57
there's little portable ones the day I
1:15:59
After the trial ended, I think it was a Wednesday.
1:16:02
I was like, oh, don't have to go to trial.
1:16:04
What am I going to do? It's 10.30.
1:16:08
And I think it was 10.30 the next day that
1:16:11
I pulled up your podcast and started listening.
1:16:14
Second or third day, I just had
1:16:17
a moment of breaking down and crying, saying,
1:16:19
thank god we didn't go in
1:16:21
any other direction and let someone like this
1:16:23
be out and stronger.
1:16:26
He would have been stronger than ever as a predator.
1:16:30
It's an emotional thing to find somebody guilty
1:16:32
of murder in the first degree.
1:16:35
And I think it should be. It
1:16:38
was the right verdict. We
1:16:41
weren't given everything that
1:16:44
we needed to see and that we could have
1:16:47
possibly found this person in
1:16:50
another direction. The verdict could have gone another way
1:16:52
if we
1:16:54
didn't have the right people. So
1:16:56
for that, I'm very grateful. I'm grateful for the judge
1:16:59
that we got, the
1:17:01
perfect judge. I'm grateful
1:17:03
for the men on the jury. Grateful
1:17:08
to Chris for
1:17:10
making it obvious to us
1:17:12
later that the criminal justice system
1:17:15
allows a lot of information
1:17:17
to be kept from juries.
1:17:20
And we saw through it, even
1:17:23
with the lack of information that we were actually given.
1:17:26
We finished Tuesday. But
1:17:29
I think I started the podcast on Thursday.
1:17:32
And I listened to it Thursday,
1:17:34
Friday, Saturday, all of them.
1:17:37
And I was
1:17:39
comfortable with my decision.
1:17:42
But once I listened to the podcast,
1:17:45
it solidified the decision that
1:17:48
there is no doubt in my mind that
1:17:50
we made the correct decision. And
1:17:53
I also wanted to hear it to see
1:17:56
how much of the podcast
1:17:58
was true.
1:17:59
versus what was fantasy,
1:18:03
for lack of better words. And
1:18:05
when I listened to the trial, everything
1:18:07
was verbatim. So I knew
1:18:10
that the podcast had to be pretty
1:18:12
dang close to the truth, too. So
1:18:15
it just helps solidify my thought
1:18:17
and my conclusion on
1:18:19
the verdict.
1:18:20
We not only didn't get a lot of information,
1:18:22
but just in general, there's a lot of information
1:18:24
held from jurors. And so
1:18:27
this actually makes me personally want
1:18:29
to advocate for jurors. And
1:18:31
also just for mental
1:18:34
health reasons, because I
1:18:36
know it wasn't just me that had some breakdowns
1:18:39
and some hard times and some nightmares.
1:18:42
And that
1:18:43
was just stuff that we experienced, that we went through.
1:18:46
I can't imagine what other people have to go through, what
1:18:48
other victims have gone through, what other jurors have
1:18:50
gone through. It was difficult. Why don't you have a mic?
1:18:52
Let's talk about that moment. Because
1:18:54
that was... We're listening
1:18:56
to the archaeologists testify, and
1:18:59
they're pulling up these pictures on the projector from
1:19:01
the dig under Ruben's deck and the
1:19:03
soil staining they found there. And all of a
1:19:05
sudden, we just hear this sound, and
1:19:07
nobody knew where it was coming from. And when
1:19:09
we realized a juror was crying, and
1:19:12
then they dismissed us for lunch, we all just
1:19:14
walked out into the hallway like,
1:19:16
what just happened? And several
1:19:18
of you, I think, had tears in your eyes when you walked
1:19:20
past us. So what led to
1:19:22
that reaction, and what were you thinking
1:19:24
and feeling?
1:19:25
My first thought was obviously
1:19:28
on it, and
1:19:30
I didn't mean to cause any kind
1:19:32
of
1:19:34
problem. So the
1:19:36
reason why I got to that point
1:19:39
was... And I did look at the judge,
1:19:42
and I think she knew. I
1:19:44
was already kind of experiencing some
1:19:47
difficult time processing it, the staining, the soil.
1:19:49
I was like, this could be anything. This
1:19:53
could be the avocado trees. It
1:19:56
could be the root. It could be from...
1:19:59
know, I think I was asking questions about
1:20:02
if they even had a septic system. Could
1:20:04
it be some sort of leak? It could
1:20:06
be anything. But when she
1:20:08
was there and she was confirming
1:20:11
over and over and over again that of
1:20:15
what it was, what it resembled, what
1:20:18
she saw in her history, her expertise,
1:20:21
and describing it and then
1:20:24
what looked like it could have been a body.
1:20:27
And that's when I'm like,
1:20:29
I feel like this couldn't be anything else.
1:20:33
I'm thinking innocent, you
1:20:35
know, until proven guilty. And at that moment is
1:20:37
when I'm like, that's when I looked
1:20:39
up at the clock. I was like,
1:20:41
five more minutes. I can hold this
1:20:44
five more minutes. I don't,
1:20:46
I don't, I couldn't use my hands at that
1:20:48
moment
1:20:49
to write a note. Can we please have a break? Because
1:20:51
I believe it was going to be lunch, right? And
1:20:54
I looked up at the clock five more minutes until noon.
1:20:56
I can do this. And then
1:20:59
I'm looking up and my coach are right
1:21:01
next to me.
1:21:03
He saw me looking up
1:21:05
and I think he said to me, at
1:21:07
first I thought you were laughing
1:21:10
because I couldn't see your face
1:21:12
because I was like hiding my face. And
1:21:15
he was like, you know, I believe he
1:21:17
can like calm down or, or whatever.
1:21:22
And he just saw me start bawling
1:21:25
and then my jurors in front like
1:21:27
turned around and like throw me tissue. Yeah.
1:21:32
And
1:21:33
I was, I just, I
1:21:35
slowly, my hearing just blacked
1:21:38
out. It became extremely real
1:21:40
for me
1:21:41
and it became pretty traumatic,
1:21:43
I guess at that moment. And
1:21:46
I couldn't do anything except
1:21:48
I couldn't hold it back anymore. Like it just
1:21:51
came out. I'm like five
1:21:53
more minutes, body shut up. Like,
1:21:55
you know, and it wouldn't stop. I just
1:21:58
like, and I couldn't control it.
1:21:59
and you guys all supported me, and
1:22:02
I felt like extremely supported
1:22:04
and loved, and I was
1:22:06
like,
1:22:07
nothing's happening, and it felt like in my mind,
1:22:10
like a lot of time was going by and I'm like bawling,
1:22:13
and so that's why I said, your honor,
1:22:15
I need a break. She said, okay, it looks like
1:22:17
we need a, to break earlier
1:22:19
or something for lunch. I
1:22:21
just started crying and I couldn't
1:22:24
control myself. Like I said, hard
1:22:26
on my sleeve, everybody knows how I'm feeling, but
1:22:29
me personally, I knew I didn't make up my
1:22:31
mind. I knew that I could still be
1:22:33
unbiased.
1:22:35
I could still weigh it properly by
1:22:37
logic and facts and
1:22:40
the law, and so I knew it was
1:22:42
taking a little bit of
1:22:45
a toll on me, but at the same time, it
1:22:47
made me feel good that it was, we're
1:22:50
human, and we care about this,
1:22:52
and we wanna find truth and facts and
1:22:55
do the right thing, and
1:22:57
it's not easy.
1:22:58
Because I feel like a lot of people think this
1:23:00
is something easy or doesn't matter to us,
1:23:03
but it does, it affects us personally,
1:23:06
deeply, and our families, it affects everything.
1:23:09
So I
1:23:09
think I was just one little part to
1:23:12
show how maybe all of us were feeling,
1:23:14
you know? I'm just a little more expressive about it.
1:23:17
Yeah. I
1:23:19
was clearly looking at the refinement
1:23:22
of this human body up against
1:23:24
a stone foundation, but I'm
1:23:27
thinking,
1:23:28
these people, their
1:23:30
daughters been buried. Yeah,
1:23:32
that was a hard one. Let's talk
1:23:35
about Susan Flores. How did you
1:23:37
feel about the fact that she only attended the opening
1:23:39
and closing arguments and skipped
1:23:41
the three months of testimony? And then on
1:23:43
the few occasions that you did see her there, what
1:23:46
were your impressions of her?
1:23:47
As a mom, I would
1:23:49
wanna be there for my son, even
1:23:52
if you and your husband aren't getting along.
1:23:54
You're separated, fine, but
1:23:57
your son, you need to be there. I
1:24:00
was like, I was weird. I thought it was
1:24:02
very strange that the mom was not there. If
1:24:05
I feel that my child is innocent, I'm
1:24:07
going to be there every single day. Even if I feel
1:24:09
like my child is guilty. I mean,
1:24:12
I personally would feel like I'm going to do
1:24:14
everything I can to support you be here, but you
1:24:16
need to pay for your consequences. I'm not going to hide
1:24:18
anything or cover anything for you. You know,
1:24:20
so either way
1:24:22
as a mom. Yeah. Yeah.
1:24:24
So that was very odd. And it was so
1:24:26
telling when she wasn't there for the, um,
1:24:29
when the verdict was being read, she made things
1:24:31
like really uncomfortable, you know, she would stare
1:24:33
at us the whole time. I don't know
1:24:36
how many times I've walked eyes with her and
1:24:38
how she made that statement to one of
1:24:40
the bailiffs about how supposedly the
1:24:42
jurors didn't let her sit down on the bench or something.
1:24:44
And it's like, you're, this is the, like, this, what, the
1:24:46
second time you're here and you're trying to, you know, throw
1:24:49
the case out or something because we didn't let you sit with us or
1:24:51
something. I don't
1:24:53
even think we knew who she was at first. She
1:24:56
was just a woman standing in the hall that didn't choose
1:24:58
to take a bench seat. They just were glaring.
1:25:01
Like I felt like watching glaring
1:25:03
at us and we couldn't look at them, you know, like
1:25:05
we're, but it's just like, you feel like this.
1:25:08
And I looked up and he, I just saw
1:25:10
her just staring at, just staring at us. And
1:25:12
I'm like, what are your perspectives
1:25:15
on the job that Sanger did as an attorney?
1:25:17
The way that he presented the case. What did
1:25:19
you take away from his style?
1:25:22
From his perspective, he's got to be
1:25:24
here doing the best that he can. Um,
1:25:27
and seeing him again, fumbling around
1:25:29
with papers, cannot find something. Can
1:25:32
I use this? Provel saying,
1:25:34
I
1:25:35
already gave it to you. And these little
1:25:37
arguments going on and him going like
1:25:39
a kid stomping his foot, pushing
1:25:41
down his arms, like, no,
1:25:44
or you know, whatever it was, like, I
1:25:46
told you this, and it just seemed very,
1:25:48
it was so immature. That
1:25:51
it felt like it was on purpose. So
1:25:54
that's what I was like. Okay. If it's on purpose,
1:25:56
he can't find stuff. He's fumbling around. He
1:25:58
he's, he's.
1:25:59
wants to make us think that maybe
1:26:02
this is just ridiculous, like there's no
1:26:04
point to it, there's not enough evidence, why are we here,
1:26:07
this doesn't make any sense. And
1:26:09
so, you know, I try to hear
1:26:12
and weigh things from his perspective. And
1:26:14
when the verdict was being read, and I remember
1:26:16
the judge passing it to the clerk, she
1:26:19
read it and, you know, she asked, you
1:26:21
know, Singer asked, do you want the defendant to stand
1:26:24
while it's being read? And they stood up and
1:26:26
when
1:26:27
she read it, his
1:26:29
head went
1:26:32
up and down, like a yes kind of
1:26:34
motion and I'm like, okay,
1:26:36
that's some confirmation for me because he already
1:26:38
knew, like you said, he did knew, he did know. Prevel
1:26:41
just seems so
1:26:42
with it and everything he
1:26:45
said, you're just like, yeah,
1:26:47
that makes sense, that's
1:26:49
it, that's,
1:26:51
this is why we're here. Listening
1:26:54
to Singer and
1:26:56
having to listen to his closing
1:26:59
statements, I
1:27:01
would have to move
1:27:03
a lot in my seat. I
1:27:05
don't know if it was his monotone voice,
1:27:08
I don't know if it's just because I was just so
1:27:10
annoyed with the way he presented
1:27:12
himself, how he treated the
1:27:15
witnesses. He was picking
1:27:17
on everything, everything,
1:27:20
nothing that they did was good enough. And
1:27:23
I get that that's his job,
1:27:25
I get that he has to do that, but
1:27:27
it was to the point that it was ridiculous.
1:27:30
When he was up there talking to
1:27:32
the witnesses and stuff, it was always like, oh,
1:27:35
we'll come back to that.
1:27:36
And he never would, he
1:27:38
never would. So it was almost like
1:27:40
a lot of the things that he was doing was
1:27:42
as a game or he wasn't taking it seriously.
1:27:45
And you know, being in the front row of the jurors,
1:27:47
you know, you can hear all his little side marks
1:27:49
and stuff. So when
1:27:52
Prevel started having
1:27:55
the witnesses write on the exhibits with
1:27:57
a marker, and I remember
1:27:59
Singer making a comment like, oh, since
1:28:01
we're doing that now. Yeah. So
1:28:05
he was just being super sarcastic, or
1:28:07
being a child would never prevail,
1:28:09
would make an objection or something. Singer
1:28:12
would just be like, no, it's not. No,
1:28:14
it's not. Under his breath. And
1:28:17
it's like, really?
1:28:18
What are you doing? And
1:28:21
just so unorganized, never having
1:28:23
a pen, going
1:28:25
through his papers. Yes. You go
1:28:28
back for a damn mic. And
1:28:31
Paul turning on the screen phone. Yeah,
1:28:33
and that's what I didn't get. Why are you having
1:28:35
him do this for you? Your painting.
1:28:38
Or all his little jokes, he wouldn't
1:28:41
take it seriously. When they're showing up the dig
1:28:43
sites and stuff, I guess there was
1:28:45
a little leaf, and he made a comment saying,
1:28:47
what was it? A gremlin? A gremlin,
1:28:49
yes. Really? But
1:28:52
got really, really mad at the lady
1:28:54
for making the cake. Cake. Chop the
1:28:56
cake.
1:28:57
Why are you coming? You get so frustrated
1:28:59
over that. But he can make these stupid
1:29:02
little comments on gremlins. Whatever.
1:29:06
I felt when Mr. Prevel was talking, he was
1:29:08
talking to me. He was making
1:29:10
me aware. He had my full-on
1:29:13
attention. He was telling
1:29:15
me, listen to what I'm telling you. But
1:29:17
when Mr. Singer came on, I was,
1:29:20
oh, God, here we go. And
1:29:23
it was dreadful sometimes listening,
1:29:26
because
1:29:27
sometimes when he spoke, it didn't make sense.
1:29:30
Him not coming back to things and thinking,
1:29:33
it was OK with us to tell us you're going to
1:29:35
say something and not come back to it was not
1:29:37
OK. And his
1:29:39
little side remarks were very
1:29:42
irritating. Like at the last
1:29:44
one that got me good was when he said, your
1:29:46
hunter, 780. And
1:29:49
she said, overruled. And he
1:29:51
said, OK, 781. It was
1:29:53
kind of funny, but really irritating, because
1:29:55
this is a murder trial. When
1:29:57
Singer is speaking.
1:30:00
It makes me sleepy. And then
1:30:02
I... When
1:30:04
we go out, we go
1:30:07
to the basement. And that's
1:30:09
my thing.
1:30:11
I got to a point where
1:30:13
I really would dread the fact
1:30:15
that he was going to... It was
1:30:18
going to be his time to get up. And
1:30:20
the whole thing with not finding his
1:30:23
files being unorganized, but
1:30:26
maybe that was an act,
1:30:29
but I don't think so. I just think
1:30:31
that he spent most of his time
1:30:34
just making innuendos about
1:30:36
how wrong other people were trying
1:30:39
to discredit witnesses without
1:30:41
cause.
1:30:42
Did anyone get contacted by
1:30:44
Sanger's office? Yes, yes. Yep.
1:30:47
I didn't call them back. I think
1:30:49
the message that was left was, we'd
1:30:52
like to interview you to see how we can
1:30:54
do better next time. My
1:30:56
husband goes, well, are you going to call him? And
1:30:59
I said, well, when I tell
1:31:00
him, have an innocent client...
1:31:06
Let's talk about Jennifer, because she was probably
1:31:08
the most divisive witness. She's
1:31:10
the one who said Paul told her that he had buried
1:31:13
Kristen under the ramp in Wozna. But
1:31:15
she also said on the stand that I had asked her not
1:31:17
to tell the sheriff's department that we
1:31:19
spoke. So how did you feel about Jennifer
1:31:22
as a witness? And what did you make of
1:31:24
her information during deliberations? Or did it even
1:31:26
come up? Oh, yeah. We talked about it.
1:31:28
It was hard to read her. I
1:31:31
took what she said lightly. I didn't
1:31:34
take what she said to sway
1:31:37
my decision, per se. Not
1:31:39
because her affiliation, not because
1:31:41
of her past history
1:31:44
with the drugs or whatever, but
1:31:46
she did break down saying
1:31:49
she felt bad because she could
1:31:51
have saved all of this 20-some
1:31:53
odd years ago or whatever. But
1:31:56
yeah, that was my stance with her. I believed
1:31:59
her testimony.
1:31:59
I believed what she heard. I saw
1:32:02
the fear in her. She's been through a lot,
1:32:04
you know, in her life. I don't know her.
1:32:08
You know, and I don't know all the
1:32:10
stuff about the prospects. I don't know about the
1:32:12
meeting and whatnot and the drone and the
1:32:15
truck and all this stuff. But I could see
1:32:17
the hurt and the pain in her
1:32:20
when she said, I wish I could have,
1:32:22
you know,
1:32:24
said this so much sooner, but I was
1:32:26
a coward. One thing that I noticed
1:32:28
about Jennifer is when
1:32:31
she talked about when she met Paul
1:32:34
on the skating.
1:32:36
Remember, he got scared and then he
1:32:39
wants to leave and then he doesn't want
1:32:41
to go back again. For me, he's
1:32:44
really scared about what he talked
1:32:46
about when he saw Paul.
1:32:49
He even told
1:32:51
his boyfriend not to tell about what
1:32:53
he told him.
1:32:54
So does that mean that you feel like you can trust her
1:32:56
as a witness? Yes, because she
1:32:59
knows and if he told
1:33:01
you that, you won't forget
1:33:03
it. I feel like there was really nothing that she
1:33:06
could lie about. She wasn't there to get a reward.
1:33:08
I feel like the way she held herself,
1:33:11
I was very impressed. Listening to her, I was
1:33:13
like, wow, like good for you. Like you, the
1:33:16
way you held yourself, I believed in everything
1:33:18
that she said. When it came to
1:33:20
speaking about you, I didn't really think much
1:33:23
of it. I wasn't like, oh, he's lying or she's
1:33:25
lying. I didn't think
1:33:28
too much into that. But what she said,
1:33:30
I really did believe that
1:33:33
Paul told her the things that
1:33:34
he did. And I feel
1:33:37
like whatever she said was truthful. I
1:33:39
did think her testimony was important
1:33:43
and credible. I
1:33:45
like how she interacted with Mr. Sanger.
1:33:48
I think she was actually super
1:33:51
articulate with the way she answered
1:33:54
his questions and actually schooled
1:33:56
him a couple of times. He asked her a question and then
1:33:58
he tried to flip it around.
1:33:59
She set him straight, so I like that. But
1:34:03
when it came to the
1:34:06
discussion about Chris Lambert, I thought
1:34:09
it was possibly a
1:34:11
game of telephone that maybe between
1:34:13
her and Justin and
1:34:15
Chris, there was a misunderstanding. So
1:34:18
if any of you had a chance
1:34:18
now to talk to any of Ruben's jurors to
1:34:21
help us understand why they
1:34:23
found him not guilty? No. I didn't
1:34:25
ask. You want to pass it right to her? I
1:34:28
didn't speak with the foreman. And
1:34:32
her words were simply that they just didn't
1:34:34
have enough. This is what she expressed.
1:34:36
There wasn't enough. When I spoke to
1:34:39
her, and we were talking about it,
1:34:41
she told me that
1:34:43
a lot of them know that he was guilty, but
1:34:45
the evidence wasn't there to back it up. She's
1:34:47
like, I'm pretty sure he's guilty. But whatever
1:34:50
they brought to them as evidence didn't
1:34:52
match up to what they can say. So that's why
1:34:54
they said, not guilty. She
1:34:56
just said, in my mind, I thought he was
1:34:58
guilty. But I couldn't say guilty because
1:35:00
the evidence wasn't there.
1:35:02
I wanted to ask you specifically, what
1:35:04
was it like being an alternate juror, having
1:35:07
to sit through this long jury selection and
1:35:09
then months and months of testimony, and
1:35:11
then ultimately not getting to have any say
1:35:14
in the deliberations of the verdict? What
1:35:16
was that like?
1:35:17
Well, it's kind of bittersweet. At
1:35:19
one hand, I was relieved that I didn't
1:35:21
have to go into deliberations. But
1:35:24
on the other hand, I was
1:35:28
anxious to listen and dive into all
1:35:30
of the details, just
1:35:33
as a refresher. But
1:35:35
I did. I just
1:35:37
kind of felt like you spent,
1:35:40
what, a quarter of your year, and
1:35:42
then all of a sudden you just walk out of a courtroom
1:35:45
and everything's over. But
1:35:47
it's not done. There was no closure. I
1:35:49
was leaning toward
1:35:51
a guilty verdict.
1:35:54
I really was. Did we want to go to
1:35:56
shelter? It's 5.15 right now. I
1:35:58
just thought the sun is about to get up. go down.
1:36:01
What do you guys want to do? Like I still have,
1:36:04
I mean we could talk. I know, I know. We
1:36:06
can't talk. I know we, I feel like we still
1:36:08
haven't even touched the... Can there be a part
1:36:11
two? Like do we schedule
1:36:13
like
1:36:13
another... I would while you're down though
1:36:16
still really like to show you at least Cal Poly.
1:36:18
Let's just do one last question. Okay. Let's go around
1:36:21
and we'll just keep the answers
1:36:22
a little bit shorter. Sure,
1:36:25
okay. Shut up. Sure,
1:36:27
sure. Hey, I handed it to you for...
1:36:30
Let's talk about the moments in the trial
1:36:32
that led you
1:36:33
to the verdict. What were the standout
1:36:35
moments of testimony or evidence?
1:36:39
The standout thing for me
1:36:42
was his lack of consistency,
1:36:44
his lack
1:36:46
of wanting to be proactive,
1:36:50
helping
1:36:51
the cops to help find Kristen.
1:36:53
If he's supposedly the last person
1:36:56
to see him. I'm going to want
1:36:58
to clear my name if
1:37:00
I did nothing wrong. Absolutely.
1:37:02
His
1:37:03
lack of doing that. And
1:37:06
then the final
1:37:09
straw for me was listening to that interrogation
1:37:12
tape and him saying when
1:37:14
we got back to the dorm.
1:37:16
That was the final straw for me. For
1:37:19
me, it's like when the interrogator
1:37:22
was saying that to eliminate him
1:37:24
becoming a suspect, he needs to do the
1:37:27
polygrav test, but he doesn't
1:37:29
want to be eliminated. And then also
1:37:31
the alibi on the shower. He
1:37:34
didn't get any name on
1:37:36
the alibi of the shower. And then
1:37:38
the light, the white light, the
1:37:40
basketball because of the basketball. He
1:37:43
had the black eye, removing
1:37:44
the stereo. And
1:37:47
then I just want
1:37:49
to think about the victims. It's
1:37:52
not easy for them to see all
1:37:55
in front of them. It's really hard. I know
1:37:57
cadaver dogs. I know how smart they are.
1:37:59
I have a colleague
1:38:02
that trains seeing
1:38:04
eye dogs from puppies, so
1:38:06
I know how intelligent they are. I'm
1:38:09
a science, I have a science background. So
1:38:12
even though there wasn't a body and there was
1:38:14
no definitive DNA, I just
1:38:16
felt that there was good scientific
1:38:20
data that something abnormal
1:38:23
existed underneath that house. I
1:38:25
was very disappointed when
1:38:27
I heard Ruben's bird.
1:38:30
That was really disappointing to me because I
1:38:33
truly in my heart think that
1:38:35
he was involved in that. If
1:38:37
you're innocent and you have nothing to hide
1:38:40
and you're in a small little town and
1:38:42
people are driving by your house regularly
1:38:44
and they're throwing rocks at your house and they're not talking
1:38:47
to you at the grocery
1:38:49
store and you're shunned, why
1:38:51
do you not just move?
1:38:52
Wouldn't you just pick up and move
1:38:54
unless you had something to hide? Unless
1:38:58
you didn't want anybody to have full access
1:39:00
to your property. It was his inconsistency,
1:39:03
his lies, nothing added up for
1:39:05
him. The fact that he had to lie about the
1:39:08
same thing in different ways and
1:39:10
when he came down to it, he still had a black
1:39:12
eye and he couldn't even tell anybody straight
1:39:14
up what happened. And my
1:39:16
point of view is if I'm trying to clear my name,
1:39:19
you know, talk to me as much as you want. There
1:39:22
are many polygraphs test
1:39:23
this. Do you want? That's my thing. And
1:39:25
he's like, I had to get permission from mom and dad first. Mom
1:39:27
and dad told me not to. And I'm like, aren't you 19? So
1:39:30
that was one, that was second. And then his
1:39:33
pattern, watching his pattern, how he
1:39:36
is with the ladies. I'm going
1:39:38
to say this word, the rapist. He's a rapist.
1:39:40
He's a monster. Watching how he continues
1:39:42
to do the same thing over and over and over.
1:39:46
And then for me also just like the
1:39:48
cherry on top was after we
1:39:50
heard the video twice and
1:39:52
watched it three times.
1:39:55
The we, when we
1:39:57
got back. Like what time did you
1:39:59
get back? to the dorm room, he said, we got
1:40:01
back, yes. It just, everything
1:40:03
added up to me for that. It was like one thing
1:40:06
after another, after another, after another, just,
1:40:08
it piled up. Circumstantial evidence
1:40:11
to not point to him.
1:40:12
I mean, how much, it's
1:40:15
just too much. He was the last one to be with her.
1:40:17
He took possession of her, basically, and said, I'll
1:40:19
get you home safe. I'll get her home safe. He spoke
1:40:22
that to other people, and he
1:40:24
was creeping around that party,
1:40:27
and she was not seen to be drinking enough
1:40:30
to have been drunk, and
1:40:34
that whole behavior seemed predatory to
1:40:36
me. So him saying he'll
1:40:38
walk her home, he'll get her to her dorm,
1:40:41
and then later saying he didn't know where her dorm
1:40:43
was. Those were a bunch of lies that came
1:40:45
together, and the final
1:40:48
thing at that night
1:40:50
would be that if you said goodbye
1:40:52
to a girl who's incoherent and
1:40:55
can't walk, you're gonna find her on the lawn or
1:40:57
in a planter box the next morning. It's
1:40:59
not that someone came around
1:41:01
random, another predator happened
1:41:03
to come around and pick her up, and then brought
1:41:06
her to live in Dubai, like
1:41:08
Mr. Mesick said. Mr. Mesick,
1:41:10
you made a big mistake by saying that.
1:41:12
That was just so horrible
1:41:15
of you, but
1:41:18
it goes on further when the cadaver
1:41:20
dogs for me came in,
1:41:22
and hit on the bed.
1:41:25
The dogs don't lie. We
1:41:28
can't communicate with them, of course, and
1:41:30
speak dog language, but...
1:41:33
I can't believe you even tried
1:41:35
that. That, and then the next day
1:41:37
there were no phone records of any lying,
1:41:40
he didn't make any phone calls out of that phone. Pretty
1:41:43
clear in my mind that he was definitely involved.
1:41:46
Then they bring the women in, talking about how
1:41:48
they had been
1:41:50
somehow intoxicated, but
1:41:52
hadn't had much to drink that night, just
1:41:55
kind of all puts together as a pattern, and
1:41:58
they wake up with a ball gag.
1:41:59
I don't think he had a ball
1:42:02
gag for Kristen. So what'd you do?
1:42:04
Stick something in her mouth? She
1:42:06
asphyxiates, vomits.
1:42:09
So you have to say you vomited in your mouth? Why did
1:42:11
you have to say you vomited in your mouth? That was very
1:42:13
bizarre to me. I was so tired of hearing that because I kept
1:42:15
just thinking over and over again, it was
1:42:17
her vomit. I will
1:42:19
be honest, I was one of the jurors that was on
1:42:21
the fence only because I do
1:42:24
have an open mind. And
1:42:27
yeah, in the courtroom, we're given all this
1:42:29
evidence
1:42:29
and stuff, but we don't have so much
1:42:32
time to process what is being said. We're
1:42:37
there trying to take notes and trying to keep up.
1:42:40
And so in the deliberation room, going
1:42:43
in there, that was a big relief, us
1:42:45
finally being able to just talk about it. It's
1:42:48
almost as if we walked in there and you can hear
1:42:50
everybody, a big sigh of relief, like,
1:42:53
we actually all cried.
1:42:56
It was kind of my
1:42:58
idea to break it down, like, let's start
1:43:00
off with one witness
1:43:03
and go from there. And
1:43:06
so that's what we did. And we would pick out little
1:43:08
things from each witness and be like,
1:43:10
okay, you know what? We can use that. We
1:43:12
started from the very beginning, from
1:43:14
the first witness, considering
1:43:17
every possible evidence. For
1:43:19
some small things too, that
1:43:21
may kind of be overlooked is the inconsistencies,
1:43:24
the
1:43:25
lies, the videos,
1:43:28
going through those videos three times and not watching
1:43:30
it through the whole thing,
1:43:32
but pausing and be like, okay, did you guys hear
1:43:34
that?
1:43:35
Did you guys get that? Did you guys hear
1:43:37
that? Constantly picking out something new,
1:43:40
like, oh my God, we didn't hear that before. It was the
1:43:42
small things too, like how he
1:43:44
would always say how he didn't know where Christen's
1:43:47
dorm was. And at the
1:43:49
very beginning of that video, from what we watched
1:43:51
and what I heard, is how he said
1:43:54
Christen's dorm
1:43:55
was by the parking lot. So for him to
1:43:57
be able to specifically point that
1:43:59
out. out, you know, just stuff like that
1:44:03
would kind of, you know, help me make my decision.
1:44:06
So just that and then the lies
1:44:08
and, you know, he had all opportunity
1:44:11
to clear his name,
1:44:13
never took any of those opportunities
1:44:15
to do so. And you
1:44:17
know, he'd be like, yeah, okay, okay, like, I'll do
1:44:19
it. I got it. And he never did. In
1:44:21
the beginning with opening statements, I
1:44:23
really, I thought
1:44:25
that
1:44:27
they were just painting him to be like this
1:44:29
evil person. And though, especially
1:44:31
the way I believe it was saying or who described
1:44:34
Kristen to be this rebellious,
1:44:36
like problem child. And
1:44:39
so I, early on, I was like, maybe,
1:44:42
you know, like he really didn't do it. But
1:44:45
listening to all the witnesses and everything
1:44:47
that came forward, the stain in the
1:44:49
soil, I feel like was that made me
1:44:52
feel like this
1:44:54
was real. I feel like after that
1:44:56
photo, I
1:44:59
made me feel like this definitely
1:45:02
was possible that Paul murdered
1:45:04
her. And then I also
1:45:06
feel like the cadaver dogs, like alerting
1:45:09
on things, there's just too many coincidences.
1:45:11
Like, how is this not real with all these coincidences?
1:45:15
Also to, if you are innocent, why
1:45:17
not do everything you can
1:45:19
to prove that why not allow the
1:45:22
cops or why
1:45:24
not allow the family on the property? Why
1:45:26
not allow them to do everything you can
1:45:28
to clear your name? And
1:45:30
I feel like that's just one thing that will
1:45:32
stand out to me the most. If
1:45:35
you weren't the people to killer to hide
1:45:37
the body, go out there and help like
1:45:40
do everything you can to clear your name. And I feel like
1:45:42
that was another thing for me that stood out.
1:45:45
And then his inconsistencies
1:45:48
and him lying about literally
1:45:50
everything. I
1:45:53
did not have enough physical evidence
1:45:55
when I walked in there in deliberations
1:45:58
and I was on.
1:45:59
and told everybody and I
1:46:02
want to say three of us were kind of on the same
1:46:04
page. All three of us
1:46:07
were open,
1:46:08
definitely, but had
1:46:11
different opinions.
1:46:13
So we wanted
1:46:15
to make sure we just dissected
1:46:19
everything to make sure that we
1:46:21
wouldn't, like I said earlier, we wouldn't make somebody
1:46:24
else have to go through this. We
1:46:26
wanted to make sure that we took care of
1:46:28
it together. So for
1:46:31
me personally, the hymn direct
1:46:33
test was one
1:46:35
of the stronger weights for me.
1:46:37
There
1:46:38
was no way to really say
1:46:40
how in the world could
1:46:43
this right here be positive
1:46:45
when they did control tests everywhere else
1:46:48
and nothing else came positive because we could say
1:46:50
like I said it could be roots, it could be sewer,
1:46:52
it could be, although we proven there was no septic
1:46:54
tank there, just so you know. It
1:46:58
could be so many other things but it
1:47:00
wasn't. It was positively
1:47:02
blood and the reason why
1:47:04
they kept saying could it be gorilla, could it be
1:47:08
not the weasel but the ferret, because he
1:47:10
brought that up too, because
1:47:13
they knew, they knew that's
1:47:15
a positive test. It had to be
1:47:17
that. So that was a huge
1:47:19
weight for me personally because that
1:47:21
was physical evidence. Now
1:47:24
everything else, every single other person said here
1:47:26
did weigh
1:47:28
for me. It was circumstantial
1:47:30
evidence within her law.
1:47:33
We could weigh circumstantial evidence not
1:47:35
any greater, not any less than physical evidence
1:47:37
but with the same weight and
1:47:40
that's what helped me because of all
1:47:42
the circumstantial evidence, I'm not throwing that out.
1:47:44
I'm not saying that's less than. I'm saying it has
1:47:46
exactly the same amount of weight and if we personally
1:47:49
can judge what witness
1:47:51
was on the stand and if they
1:47:53
were experts or not, if they were trustworthy
1:47:56
or not,
1:47:57
we pretty much when we dissected each one,
1:47:59
we were on the
1:47:59
same page. I wrote notes on
1:48:02
every single one, trustworthy, not
1:48:04
so trustworthy, pretty much trustworthy,
1:48:06
and this topic, maybe not so much in
1:48:08
this topic, and we were all on the same page.
1:48:11
And if we weren't, we would dissect that even further. We
1:48:13
would go into it. And just what
1:48:16
the defense brought in and just confirming that, confirming
1:48:18
what Arrington said about the
1:48:21
oval shape, the
1:48:22
egg shape, in a burial stain,
1:48:25
confirming that there might not be any insects or
1:48:28
worms underneath
1:48:29
two feet, confirming Jennifer
1:48:32
about what she did. She never came back. After
1:48:34
she, that happened, she was so fearful.
1:48:36
She never went back with him, even though they were dating
1:48:39
on and off again, whatnot. She didn't go back. And
1:48:41
then, and then the friend, he sent
1:48:43
in an anonymous tip years
1:48:46
before over on Dennis's webpage.
1:48:49
I was just like, if he was really after
1:48:51
the award, he wouldn't have
1:48:54
done it anonymously. He wouldn't have done it a long
1:48:56
time ago, you know, and he wouldn't have been
1:48:58
persisted because obviously it was on his conscience.
1:49:01
It was obviously something that stood out to him that
1:49:03
he knew he needed to make
1:49:05
sure somebody heard. And taking the circumstantial
1:49:08
evidence with the physical evidence,
1:49:12
because I could say, well, the does have nothing
1:49:14
to do with it. That's another thing he needs to be
1:49:16
charged for. But it gives his
1:49:18
MO, he is a serial rapist,
1:49:21
and dissecting the videos. He is a
1:49:24
pathological liar, because it was very
1:49:26
obvious when he was lying. All together,
1:49:29
there's just way too much of a coincidence
1:49:32
to not say, these are
1:49:34
facts. This is truth. He did
1:49:36
do this. He did maybe not intentionally
1:49:39
murder her, because we were struggling
1:49:41
with first
1:49:42
degree and second degree. We didn't have any other options,
1:49:44
you know, and we wanted to make sure we were making
1:49:46
the right decision. And
1:49:49
we asked a question about, because we read the
1:49:51
law verbatim, so
1:49:53
first degree is
1:49:55
accidental or intentional, you
1:49:58
know, murder in the act of...
1:49:59
rape and it didn't
1:50:02
even actually have to happen. It was
1:50:04
in the intent. Yeah, so
1:50:06
with dissecting all
1:50:09
of that law and
1:50:11
his MO and all the evidence
1:50:14
now,
1:50:15
you know, of who he is in character
1:50:17
and his pathological lying,
1:50:20
it just really gave us a lot of support,
1:50:23
especially for me, to be
1:50:26
able to say,
1:50:27
yes, he is guilty of first-degree
1:50:31
murder. And as much as we've made the decision,
1:50:33
as much as we've tried our
1:50:35
best to
1:50:36
make the right decision, and like
1:50:38
I said, it was hard because we worked
1:50:41
really hard on this. This wasn't emotion. This
1:50:43
was putting all of emotions aside, guys,
1:50:46
we need to nail this, you know, down and make
1:50:48
sure that we're making the right decisions because it's something we have to
1:50:50
live with for the rest of our lives, too, you
1:50:52
know, and I'm heartbroken, you know,
1:50:55
I'm just, I'm so sad
1:50:57
that
1:50:58
we can't help her. We can't
1:51:01
give them. It feels helpless. It
1:51:03
feels helpless. We can't give them, Kristen. Yeah,
1:51:06
and it felt a little, I
1:51:08
guess, empty, you know.
1:51:10
This is somebody's life
1:51:13
we're making a decision on. Although it's
1:51:15
his actions that caused us to make
1:51:17
this decision, it's still something
1:51:19
that
1:51:20
we had to bring down on him.
1:51:23
And I
1:51:25
think that's kind of, I think
1:51:27
that's where our bond is, is we all understood
1:51:30
that and spending
1:51:32
four months together and not being able to talk
1:51:34
about the elephant in the room and then when we're
1:51:37
able to, we just said, okay, this is how it's
1:51:39
gonna be done. We respected everybody's
1:51:42
decisions. We just kind of worked through it and
1:51:44
it was a great experience. Do I want to do it again?
1:51:47
Heck no. Never ever in a million years do I
1:51:49
want to do this again. This
1:51:50
is worth it.
1:51:52
I want to help
1:51:53
with ever with anything I can
1:51:55
to help, you know, find her to
1:51:58
whatever it means, whatever it takes, you know. know, if
1:52:00
they want us there, like, I want to be there,
1:52:02
you know? All right, what would you like to
1:52:04
do before you get on the road? And when are you getting on
1:52:06
the road? I mean, I'm a port, if you guys want
1:52:08
to stay, you're going out.
1:52:11
I want to go. I want to do it. Do
1:52:13
the walk. From Crandall to the dorms. Yeah,
1:52:15
at nighttime. Paul
1:52:22
Flores' sentencing was scheduled for December
1:52:24
9th,
1:52:24
giving defense attorney Robert Sanger seven
1:52:27
weeks to prepare.
1:52:28
Instead, Sanger filed a motion
1:52:31
on November 21st to delay
1:52:33
sentencing in order to prepare a
1:52:35
motion for a new trial. In
1:52:38
a hearing, Sanger said he had discovered
1:52:41
new information since the time of the verdict,
1:52:44
which he did not want to go into,
1:52:46
but said it would be included in his motion for
1:52:48
a new trial.
1:52:49
He also said he was waiting for a certified
1:52:52
transcript of the entire trial, 13 weeks
1:52:54
of testimony.
1:52:56
But the court reporter needed 60 days to
1:52:58
complete it,
1:53:00
and he was unable to afford
1:53:02
the cost.
1:53:02
The court reporter
1:53:05
told Judge O'Keefe that she could have the
1:53:07
entire trial transcript finalized
1:53:09
by January 15th, but
1:53:11
would need more time if Sanger was
1:53:14
also expecting transcripts of jury selection.
1:53:17
When asked, Sanger answered,
1:53:19
I think we did request
1:53:21
it. We did request it, and
1:53:23
there's a reason with regard to a couple of particular
1:53:26
individuals.
1:53:28
Judge O'Keefe set a status hearing for February
1:53:31
9th
1:53:32
and sentencing for March 10th, indicating
1:53:34
that she would not delay the sentencing any further
1:53:37
than that, as the Smart Family was
1:53:39
in enough anxiety already.
1:53:42
And from the verdict on October 18th to
1:53:44
the sentencing on March 10th, we
1:53:47
all felt some of that anxiety. Five
1:53:50
months of limbo.
1:53:59
kind of anticipating and waiting what
1:54:02
was coming our way and figuring out how to reply
1:54:04
to it. I would say
1:54:06
that in terms of requesting a new trial
1:54:08
and that sort of thing, it's fairly
1:54:11
standard, but it was never
1:54:13
a situation where we could let our guard down and not
1:54:16
be fully prepared for the upcoming hearings
1:54:18
and not being able to budget
1:54:21
the time to prepare for motions
1:54:24
that were coming our way. There was never a let
1:54:26
down or a time
1:54:28
where we let our guard down
1:54:29
or thought that we're on easy street because
1:54:33
really nothing is certain. You
1:54:37
can never give up. They never gave up. And
1:54:40
if the smart family can stay strong for 26 years,
1:54:42
then we can too. That's
1:54:45
exactly what we told each other.
1:54:51
Next time.
1:55:01
You've been listening to People vs.
1:55:03
Flores, a special bonus series
1:55:05
of the Your Own Backyard Podcast. For
1:55:09
more updates, go to yourownbackyardpodcast.com.
1:55:13
Scroll to the bottom of the homepage for links
1:55:15
to our Twitter, Instagram, or
1:55:18
Facebook.
1:55:39
Last question on the record. Do
1:55:41
you like me? I love you, Chris.
Podchaser is the ultimate destination for podcast data, search, and discovery. Learn More