DEFAM, The verdict: It’s a Mistake [Esparza]

The Esparza v. Moore trial ended in a mistrial. Earlier entry one and two.

Some unauthorized documents were mixed into the evidence the jury was given to examine. According to Bob Habib, Esparza’s attorney, the documents were his. He speculated that after the judge and attorneys agreed on the documents to give the jury the documents were set on the mantle while the attorneys waited for a page of the jury instructions to be delivered. When the pile was given to the deputy it included an extra folder that was probably next to the authorized documents on the mantle.

The indications are that the jury was much more sympathetic with Esparza than the defense. The jury foreman spoke to the junior defense attorney. He chastised her in a sharp tone of voice. He told her a few times that the defense attorneys would “parse words and insult the jury’s intelligence”.

Later Sue Esparza, a daughter of Paul, said the foreman told her that the jury was unanimous as to defendants Moore and Sharp. They were not in agreement on Abdullah. Abdullah who was only linked to the flyer by his post office box number and the fact he did communications work for Moore on the campaign in question.

I was tempted to speculate that Eugene Moore had once again avoided the consequences of his actions. But it seems likely that the trial will happen before the March 21 primary. If it does, Moore will have to take another two weeks out of his schedule to be in court.

State Farm, Moore’s insurer, would seem to be the big loser. I expect the attorney to bill for another 60 hours (at least). At $180 per hour (the Chris Welch rate) that’s another $10,800 on an effort that is probably going to lose.

Unfortunately for State Farm they are insuring a client who would rather lose and say the jury got it wrong than he would to admit to any wrongdoing.