SAN LUIS OBISPO, Calif. (AP) — A judge has denied a prosecutor’s bid to file rape charges against the man accused of killing California college student Kristin Smart, who went missing 25 years ago.

The San Luis Obispo district attorney’s office said that on Wednesday it sought to add two rape charges for offenses after Smart disappeared to the complaint filed against Paul Flores in Smart’s death. The judge ruled against the DA’s motion.

Flores was the last person seen with Smart on May 25, 1996, at California Polytechnic State University in San Luis Obispo.

Her body has never been found.

A lawyer for Flores calls the prosecution’s attempt to add the rape charges a “publicity stunt.”