Flores said it would sound stupid saying he bumped his eye on the steering wheel of his truck, the report states.
Time slogged on and Flores was never charged.
The Smart family took their fight to civil court by filing a wrongful death lawsuit against Flores.
The complaint, obtained by The Daily Beast, was filed on Nov. 28, 1996, in San Luis Obispo County Superior Court. It blasts Flores for having preyed upon the victim, Kristin Smart who was in an intoxicated state and ultimately murdered Kristin Smart on the premises of California Polytechnic State University in San Luis Obispo, California.
It also blames the freshman for intentionally inflicted emotional distress upon the parents of Kristin Smart by taking your body of [sic] Kristin Smart and secreting and/or destroying the body in a hidden place in the County of San Luis Obispo.
When Flores appeared on Nov. 14, 1997, along with his attorney to be deposed, he only confirmed his name and birthdate. He was repeatedly (almost 30 times) pointed by his attorney to read from a typed sheet to invoke his Fifth Amendment privilege against self-incrimination in response to innocuous yes/no questions and mundane ones like the names of relatives or his age.
The family accused Cal Polys campus police of being grossly negligent in the performance of their duties because critical evidence pertaining to the investigation to the murder of Kristin Smart was irretrievably lost and valuable evidence was destroyed.
A university spokesman refused to discuss any further details related to the Smart case while the San Luis Obispo County Sheriffs Office excavation/investigation is ongoing.
Before Flores was suspected in Smarts disappearance, he was accused of stalking another female on campus. According to a March 27, 1996, San Luis Obispo police report a drunken Flores was accused around Christmas of attempting to break into a Cal Poly coeds apartment. Flores allegedly climbed up her balcony and she suspected he attempted to break into her apartment.
The student refused to press charges, but Flores didnt stop. The report states that he is the one who was believed to have made countless anonymous phone calls for the last six weeks.
Then at a party in March, according to the police report, Flores tried to talk to her and she told him off in very strong words.
Today Flores lives in San Pedro, California. He stepped out of his home looking to each side as if his head was on a swivel when The Daily Beast approached him on Saturday. With the coast seemingly clear he opened the door to his white 1960 Chevrolet Impala parked on the crammed street where hes resided for almost two years.
That he started the engine and began pulling off from the curb, then braked just as a Daily Beast reporter approached him.
When asked if he was Paul Flores, the last person to see Kristin Smart alive, that he played dumb, at first only confirming Flores was someone who lived at the address.
When pressed that
he was Flores the man replied, Oh. Yeah.
Flores rolled up the car window and reversed. He parked the car again and exited.
When asked if that he remembered Smart he said, Right. Yeah.
Flores refused to weigh in on the feds search for Smarts remains.
Im fine. Im good. Have a good day, he said.
Probed about him having a hand in Smarts demise, Flores replied:
No-no-no. Im good, he said. A 57-year-old neighbor across the street who gave only his first name, Gary, said Flores was a nice guy who has never bothered me.
He remembered that when Flores moved in somebody had come and plastered the street with posters revealing Floress past as a
prime suspect .
All these printouts were put up saying Dont trust him, Gary said. I felt bad for him.
In July 1996 sheriffs deputies made the first of multiple searches of the Flores residences. They started with the home of Pauls father, Ruben Flores.
A year later Susan Floress Arroyo Grande property was visited by sheriffs and this time they utilized ground-penetrating radar technology to look underground. The results after the search were inconclusive.
They may have been following up a tip made by a 21-year-old food prep cook. He lived directly across the street and saw something that haunts him like it was yesterday.
He stood at his kitchen sink watching Flores and a friend labor at night digging and pouring concrete not more than 100 feet away.
The neighbor told The Daily Beast the person he saw, who days later would be identified as Flores, and an unknown young man with dark hair took turns shoveling and wheelbarrowing to create a gaping four-foot-deep hole in the recesses of Susan Floress backyard.
The hole was about waist-deep, mid-thigh level, and stretching seven to eight feet long, four to six feet wide, the witness, who requested anonymity, said.
They worked by a retaining wall at the rear of the backyard for almost five hours altogether during the late night.
Ive never seen these guys before, that he said. And theyre digging in this womans yard at this time of the day, and the kind of digging they were doing plus the concrete just didnt make sense.
In the middle of the construction effort he says that he saw both men grab from both ends and lug a rolled-up rug with something heavy inside.
Ill tell you as a 15-year floor layer I can take a whole room of carpet, roll it up like a burritowe call it cockroachingyou throw it on your back and walk it upstairs, he said. Two people were needed to move this. So it was heavy.
And thats the thing Im tripping on, that he added.
That he said they began to backfill the hole with dug-up dirt and poured concrete to form a slab.
A week later when Floress mug was splashed on the local news, the neighbor realized who the digger was.
I recognized Flores and I knew exactly what I saw.
Schafers report prepared back in 2000 referred to another neighbor named Lauri Quinn who also shared her version of seeing ongoing construction work in the backyard of Susan Floress property and later newly constructed concrete planters cut into the existing cement in the backyard.
Flores himself even abruptly attempted to cut short an interview with San Luis Obispo County prosecutors to attend to a concrete project at 4 p. m. of June 19, 1996.
I just have to go, Flores told them.
When investigators asked where, he said I have to clean up some stuff. Some concrete. Asked where he had a need to clean it, Flores said, My moms house.
Another critical piece of evidence pointing to Susan Floress property is a certain earring that was misplaced by San Luis Obispo deputies. A beaded turquoise earring was discovered by a renter of the residence named Mary Lassiter when she was washing her car in October 1996.
Lassiter and her husband Joseph were deposed during the familys civil dispute against Flores. Joseph Lassiter said the earring he saw was hooped with beads that hangs down and had red stuff on it, based on the warrant. That red stuff, the warrant notes, resembled blood.
Somehow during the recovery of the soiled item the earring was misplaced by the [San Luis Obispo] deputies and has yet to be found, Schafers report states.
On March 3, 1997, sheriffs deputies returned to the Flores residence with dogs, who gravitated to the corner of the backyard, but made no alert to any human remains.
Later investigation determined that, in fact , Susan Flores did reside at [redacted] at the time of Kristin Smarts disappearance, the report states.
Mann found broken pieces of cement he understood were placed there by Ruben Flores [Pauls father] and Paul Flores about the time Kristin Smart disappeared.
Mann informed San Luis Obispo sheriffs deputies of a backfill of some kind and looks to be man made and believes he discovered some anomalies on the west side of the backyard but told authorities he was 80 to 90 percent sure that his conclusion that the anomaly he discovered were a natural excavation or erosion.
Schaefer speculated Susan Flores may have consented to a second search of the property because Smart’s remains might have been excavated, which would explain the broken pieces of concrete.
Mann maintains that the home was unfinished business the warrant states and that he was troubled by stains on the west side of the house that showed dirt had once been piled against the house and also by splatters of dirt on the wooden fencing four feet away from the house.
After Schafer produced his report in 2000, he submitted to the San Luis Sheriffs Office in hopes it would be used to obtain a warrant to search Susan Floress property again.
I forced the warrant on a skeptical police force. I was told that officers present did not want to pay to have the concrete repaired if the search turned up nothing. That was a lost opportunity, that he wrote in a 2007 email to the Smarts.
Back in 2014 retired Mammoth Lakes, California, police detective Paul Dostie had traveled to Arroyo Grande with Buster to search for Smart, fresh off their biggest find ever.
Marine First Lt. Alexander Sandy Bonnyman Jr. was killed fighting the Japanese in the Battle of Tarawa in 1943. Bonnyman was posthumously awarded the Medal of Honor, but his body was never recovered.
That was until Buster, the black Labrador from Mammoth Lakes, California, arrived on Tarawa on a mission teaming up with the POW-MIA group
History Flight .
Buster prowled the almost 300-acre islands crushed coral turf and had several alerts in a straight line indicating the possibility of a trench burial carved out by a bulldozer.
The site was excavated in 2015 after Buster found Bonnyman and 47 of his fellow missing-in-action comrades who were recovered and brought home to American soil.
Busters nose also found six airmen who went missing after their B-26 bomber was shot down in Allmuthen, Belgium, during the Battle of the Bulge.
The men were returned to the United States for identification and burial.
Buster and Dostie also found Lynsie Ekelund, who was simply buried deep in a Santa Clarita, California, construction site by her confessed killer, Christopher McAmis.
In summer 2014, Buster signaled twice that he had found someone while sniffing around the fence line separating a neighbors home from Susan Floress property.
Theres human decomposition in that backyard, Dostie announced.
Old Buster turned around and locked up like an old bird dogjust froze in his tracks, Smallwood, a resident of nearby Grover Beach, remembers.
Dosties associate Dr . Arpad Vass is confident that Busters nose is right.
I did soil analysis from that site, Vass said. So we have soil analysis to back up Buster.
Vass is a forensic anthropologist at the University of Tennessees Law Enforcement Innovation Center (who was earned to give expert testimony in the Casey Anthony trial).
Of the 10 grams of soil samples they collected after two different visits to neighboring homes around the block and analyzing them through gas chromatography mass spectrometry, Vass said he is confident in his findings.
We collected the soil samples and ran them and Im sure we found evidence of human decomposition, he said,
referring to chemical compounds such as carbon tetrachloride, benzene, and pentanal emitted by human decomposition.
I want to make it very clearIm not saying Kristin is there, Dotsie insisted. But its never been resolved by the sheriffs office and theyve completely ignored it through three sheriffs including this one.
When Buster alerted there why didnt they get their dogs and run them to see if they obtained the same result? Why didnt the FBI do the same?
The San Luis Obispo Sheriffs Office initially spoke to The Daily Beast about some of these precise questions concerning the viability of the mothers backyard and to answer about their current and past investigation efforts.
On why they havent returned to Susan Floress property, sheriffs spokesman Tony Cipolla said the search has run dry there.
That area has been searched several times, he said. Weve used infrared radar technology in order to search plus we had deputies there as well. And so that has been searched a couple of times and we did notthere was nothing of an evidentiary nature that we were able to discover there.
Anybody can say Oh, yeah, we think its there. That cant be admitted in a court of law.
Cipolla discounted Busters findings by saying the dog wasnt certified.
But Buster has been certified in years past with the California Rescue Dog Association (
CARDA ), both as an avalanche and cadaver dog. Cipollas dismissive statement says nothing of Busters success in finding Marines and airmen lost 70 years ago.
Hes been certified before, Dostie said. The only certification in California is search and rescue: finding a dead guy on the surface. There is no certification for grave detection. If there was Doctor Vass and I would be the only ones qualified to give such a certification.
At least they could have before the 12-year-old cadaver dog passed away this February.
We were playing in the front yard and that he just collapsed, Dostie said through tears, remembering how he held his head till he took his final breath.
To know once and for all whether Smart was buried beneath the concrete doesnt require a jackhammer.
If Dostie and Vass could get a chance to return to Susan Floress backyard they could accomplish all they need to do by drilling a few holes.
You dont need to tear out of the entire concrete, Vass said. All you need to do is drill a hole down to the concrete, down to the ground below and plant it and take a soil sample.
Its hardly any cost, Vass continued. Its very simple to do and its relatively nondestructive. Why no one does that is beyond me. Its so frustrating.
In the end it shouldnt be about showmanship or who gets the credit.
As law enforcement our primary job is the victims, Dostie said. We can speak for the dead by finding them. We are advocates for the victims and their families. Thats what we are and thats how we view ourselves. That should be our primary goal and politics should not enter. But unfortunately it always does.