Questions surround Fresno County murder conviction ahead of sentencing

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.

Michael Bulaich previously pleaded no contest to voluntary manslaughter. Prosecutors say he killed Moore, who was reported missing earlier this year.

In court Friday, Bulaich's attorney pointed to new witness claims.

"It is information that may affect his desire to go forward with being sentenced," defense attorney Richard Esquivel said.

Esquivel said some of the witnesses who previously testified had contacted his office.

"Two of the witnesses that testified (indicated) that they testified under pressure and that they testified falsely," the defense said.

Esquivel's office learned of the details between Thursday night and Friday morning, just hours before Bulaich was scheduled to learn his punishment.

"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.

Capozzi said a hearing on the issue is crucial.

"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.

The two witnesses testified during a preliminary hearing months ago. The judge used that testimony, in part, to rule that prosecutors had enough evidence.

Now, the impact of the new claims -- and original testimony -- is unclear.

"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.

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.

Court records show Bulaich pleaded no contest to dissuading and threatening a witness or victim.

On Friday, the judge delayed sentencing for nearly a month and asked attorneys for more information.

"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.

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.

All parties are due back in court Aug. 7.

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