Paul Flores is appealing his murder conviction in the case of Kristin Smart, arguing that the trial contained significant errors. Key issues raised include the retention of a biased juror who displayed extreme emotion during testimony, the admission of testimony from two women who alleged Flores had drugged and raped them, and the allowance of an unqualified witness to speculate about Smart's behavior at a party, suggesting drug use. Additionally, the appeal includes concerns about the inappropriate use of a provocative photograph during closing arguments.
The appeal argues that the trial was unfair due to several reasons, including the presence of a biased juror who broke down during testimony about evidence found at Flores' father's house.
The appeal states that two women could testify about alleged rapes by Flores, allowing the prosecution to suggest he had done the same to Kristin Smart, despite a lack of independent evidence.
Trevor Boelter, who attended the party with Smart, was allowed to testify on her behavior, suggesting she was under the influence of a date rape drug, despite having no expertise.
A photograph displayed during the prosecutor's closing arguments depicted a woman with a ball gag in her mouth, which the appeal claims was improperly used to incite prejudice.
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