Missing student case remains open

A judge ruled Feb.2 that the ongoing investigation into the disappearance of Kristin Smart, a Cal Poly student who vanished in 1996, is not considered cold. This ruling allows the San Luis Obispo County Sheriff’s Department to continue to investigate the case.

Judge Charles Crandall set a September re-examination hearing to review the file for perhaps the final time. If no major investigative discoveries are made before then, the case will most likely be declared cold, he told The Tribune.

“Plaintiffs are pleased with the ruling – the case remains stayed, yet is being actively investigated by the Sheriff’s Department, according to the camera review of the sheriff’s detective’s declaration,” said Tana Coates, attorney for Stan and Denise Smart, Kristin Smart’s parents, in an e-mail interview.

Crandall has met with the Sheriff’s Department every six months to review the case and determine whether the case should be closed.

If the judge rules that the case is cold at the September hearing, records and documents from the investigation will be made available to the plaintiffs and the public at large. If not, the Sheriff’s Department will continue their investigation.

Either way, “it (will be) a no harm, no foul” decision, Coates said.

After leaving a party on May 25, 1996, freshman student Smart was last seen with fellow student Paul Flores on her way back to the dorms. However, many of the details surrounding her last night remain uncertain.

Smart’s body has yet to be found, and Flores continues to be the main suspect under investigation.

Smart’s parents have been pursuing a civil suit against Flores since May 2003. The court declared Smart legally dead in 2002.

The Sheriff’s Department insists that the case is under active investigation and that it continues to review the case and follow leads as they come up.

“Our stance going into court is that it is still open and active,” said Sgt. Brian Haskel, public information officer for the sheriff’s department. “We are trying our best to solve this case and find a solution for the family, for closure for them.”