UPDATE - The preliminary hearing for Paul and Ruben Flores resumed after 11 a.m. on Wednesday but was continued again until Friday.
The two men are charged in connection with the 1996 disappearance of Cal Poly student Kristin Smart.
Paul's attorney, Robert Sanger, asked the judge Wednesday for a bail reduction or that he be released on his own recognizance. Currently, Paul Flores is being held at the San Luis Obispo County Jail without bail. His father, Ruben, has been out on bail since April.
Sanger said he was requesting Paul's release because "events beyond our control have come up." He said his client should not have to remain in jail because of the discovery issues that have come up during the preliminary hearing and that Paul should be out of custody while those issues are being resolved.
The judge said he didn't see this as a significant change in circumstances and denied the request.
Over the next couple of days, attorneys will continue to work through discovery - the process in which both sides collect and exchange information about evidence and witnesses in the case. Sanger said he does not have all of the discovery yet and is asking for certain text messages.
Court is scheduled to resume at 9 a.m. on Friday. Attorneys are expected to make motions at that time. The judge said there may or may not be testimony that afternoon.
ORIGINAL STORY - Following a two-day break, the preliminary hearing for Paul and Ruben Flores is expected to resume again Wednesday.
The defense on Monday requested a waiver of continuance for the hearing through Wednesday, which was granted by the judge.
The continuance request was reportedly related to discovery, which is a process in which the two sides collect and exchange information about evidence and witnesses in the case.
Paul and Ruben are charged in the disappearance and death of Kristin Smart, who disappeared from the Cal Poly campus in 1996. Her body has never been found.
Last week, a cadaver dog handler, retired detective, an ex-girlfriend of Paul Flores and others testified.
The preliminary hearing, which allows the court to examine evidence and determine if there is enough evidence for a trial, is expected to last through at least part of next week.
Stay with KSBY and KSBY.com for updates from court throughout the day.