SAN LUIS OBISPO (CBS13) — The defense team for Paul Flores—the primary suspect in Kristin Smart’s disappearance—clearly was not letting anything get past them, now filing a motion to have a deputy district attorney disqualified from the case because of the color of his tie.

Flores’ attorneys say the purple tie shows bias, considering purple was Smart’s favorite color. But can it be proved that the tie is being worn to show support or solidarity?

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“It could be, but if every day they’re wearing a purple shirt and purple tie, I think at some point you would question it.
they’re just raising it to get the judge’s attention that there’s nothing that’s going to get by them.

Reichel gave more perspective.

“So it’s not a jury. The prosecution’s argument is really going to be ‘This is not a big deal, your honor. This is a prelim,’ ” he said.

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But this week’s ongoing issue of the prosecution’s purple ties comes on the heels of the defense team switching the focus of their case to other potential suspects. They even went as far as suggesting Smart may have worked for an escort service.

“I will tell you this discreet issue of wearing the support of color is probably a little bit of a problem for the prosecution. These other things show desperation and not good judgment,” said Reichel, when asked if the defense was grasping at straws.

“I mean we’re sitting back watching this thing thinking ‘Wow, that’s going to make people really dislike the defendant and dislike the attorneys,’ ” Reichel added.

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Investigators say Flores was the last one to see Smart, of Stockton, as she walked back to her Cal Poly dorm after an off-campus party 25 years ago. She was never seen again and her body has not been found.