An attorney defending Paul Flores in the Kristin Smart case filed a motion on August 11 asking state officials to disqualify prosecutors for wearing purple clothing in court, reports the Santa Maria Times.
Bob Sanger filed the motion in San Luis Obispo County Superior Court and the state of the Department of Justice.
According to the Times, Sanger accused the lead prosecutor Deputy District Attorney Chris Peuvrelle of a conflict of interest due to coordination between officials to wear purple clothing during a preliminary hearing because it was Kristin Smart's favorite color.
Superior Court Judge Craig Van Rooyen was wearing a purple tie but had no idea that it was Smart's favorite color.
He believes the conflict of interest in a high-profile case would "render it unlikely" for Flores to receive a fair trial. Sanger cited case law and the state and federal constitutions, including the 5th, 6th, and 14th amendments in his argument.
“A fair and impartial trial is fundamental to due process, and the prosecutor must respect that requirement by exercising his or her discretionary powers impartially,” Sanger wrote in the filing obtained by the Times.
Flores, who was 19 at the time, is the last known person to be seen with Smart just steps away from their dorms on Cal Ploy's campus.
Smart was declared legally dead in 2002 and her body was never found, reports the Times.
The motion is scheduled for a hearing on August 25 at 9:00 A.M. in Department 5 of Superior Court.