FRESNO, Calif. (KFSN) — New questions emerged Friday in the case of a Fresno County man who has already been convicted in the killing of Garth Dustin Moore.<\/p>\n
Michael Bulaich previously pleaded no contest to voluntary manslaughter. Prosecutors say he killed Moore, who was reported missing earlier this year.<\/p>\n
In court Friday, Bulaich’s attorney pointed to new witness claims.<\/p>\n
“It is information that may affect his desire to go forward with being sentenced,” defense attorney Richard Esquivel said.<\/p>\n
Esquivel said some of the witnesses who previously testified had contacted his office.<\/p>\n
“Two of the witnesses that testified (indicated) that they testified under pressure and that they testified falsely,” the defense said.<\/p>\n
Esquivel’s office learned of the details between Thursday night and Friday morning, just hours before Bulaich was scheduled to learn his punishment.<\/p>\n
“This is very unusual, and for something to come out on the day that you’re going to be sentenced…” said Action News Legal Analyst Tony Capozzi.<\/p>\n
Capozzi said a hearing on the issue is crucial.<\/p>\n
“Once he’s sentenced, the case is done, and it’s over. He cannot appeal the case, so it’s important to resolve these issues now before he’s ever sentenced,” Capozzi said.<\/p>\n
The two witnesses testified during a preliminary hearing months ago. The judge used that testimony, in part, to rule that prosecutors had enough evidence.<\/p>\n
Now, the impact of the new claims — and original testimony — is unclear.<\/p>\n
“If the evidence is now different than what was presented at their preliminary hearing, and it would show, maybe, a lack of probable cause, (the) case could be dismissed,” Capozzi said.<\/p>\n
Bulaich’s defense attorney did not reveal how the two witnesses would testify a second time, saying only that they were pressured, but not how.<\/p>\n
Court records show Bulaich pleaded no contest to dissuading and threatening a witness or victim.<\/p>\n
On Friday, the judge delayed sentencing for nearly a month and asked attorneys for more information.<\/p>\n
“The family and the people, they have a right to have this matter put to rest in an expeditious fashion,” Fresno County Superior Court Judge Alvin Harrell III said.<\/p>\n
The judge described the development as a last-minute change of heart. The victim’s mother attended the hearing via Zoom and had submitted a letter to the court.<\/p>\n
All parties are due back in court Aug. 7.<\/p>\n
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