May 9, 2026 · Crime Problem · California · San Luis Obispo County

Convicted Rapist and Murderer to Walk Free as Gavin Newsom Refuses to Stop Release

Alberto Tamez, Jr., 75, convicted of the 1974 rape, kidnapping, robbery, and murder of Genevieve Adaline Moreno in Nipomo, California, is eligible for release from California Men’s Colony after Governor Gavin Newsom (D) chose to take no action to reverse the California Board of Parole Hearings’ December 30, 2025 decision to grant him parole. The governor communicated that decision to the board on April 24, 2026 — the last day of his legally permitted review window.

Moreno was working the closing shift at Old Blues Bar, 605 West Tefft Street in Nipomo, when Tamez robbed her, kidnapped her, dragged her to a eucalyptus grove a quarter mile from the bar, beat her as she pleaded for mercy, sexually assaulted her, and strangled her to death. Her body was discovered at 5:35 a.m. on June 18, 1974. The San Luis Obispo County Medical Examiner, Dr. Karl Kirschner, ruled her death a homicidal strangulation, noting her injuries were “classical for those of homicidal strangulation.”

San Luis Obispo County District Attorney Dan Dow urged Newsom to use his executive authority to block the release. The governor did not. Fifty-two years after Tamez pleaded no contest to first-degree murder, the man who beat, raped, and strangled Genevieve Moreno while she begged him to stop is walking out of a California state prison.

  • 1974year of crimeTamez robbed, kidnapped, sexually assaulted, and strangled Genevieve Moreno in Nipomo, CA
  • 52+years incarceratedTamez, now 75, served more than five decades at California Men's Colony before the parole board granted his release
  • Dec. 30, 2025parole grantedCalifornia Board of Parole Hearings voted to release a man convicted of first-degree murder, rape, kidnapping, and robbery
  • Apr. 24, 2026Newsom took no actionGovernor communicated to the Board that he would not reverse the parole decision — the last day of his 30-day review window
§ 01 / The Crime — June 17–18, 1974, Nipomo

Genevieve Adaline Moreno was an employee at Old Blues Bar on West Tefft Street in Nipomo. On the night of June 17, 1974, she was working her shift when Alberto Tamez, Jr. robbed her. What followed was not a sudden crime of passion. Tamez kidnapped Moreno, forced her from the bar, dragged her to an isolated eucalyptus grove roughly a quarter mile away, beat her as she pleaded for her life, raped her, and then strangled her.

Her body was found at 5:35 a.m. on June 18, 1974, in that grove beneath the eucalyptus trees. The San Luis Obispo County Medical Examiner determined she died of homicidal strangulation, documenting multiple injuries to her face, forearms, abdomen, and thighs. The forensic record left no ambiguity about what happened or who was responsible.

Tamez was charged on June 20, 1974 — two days after the body was discovered — with first-degree murder, robbery, kidnapping, and rape by force and violence. On September 3, 1974, he pleaded no contest to first-degree murder. On September 23, 1974, he was sentenced to life in state prison with the possibility of parole. His California Department of Corrections and Rehabilitation number is B59801.

She was robbed of her life, her dignity, and her future by a man who showed her no mercy.

DA Dan Dow, San Luis Obispo County · May 2026
§ 02 / The Parole Decision — December 30, 2025

In April 2023 — nearly 49 years after his conviction — Tamez filed a petition under California Penal Code § 1172.6 seeking to vacate his murder conviction and be resentenced. District Attorney Dow’s office filed thorough written opposition, making clear to the courts that Tamez was not a peripheral figure in Moreno’s death — he was the sole and actual killer. Tamez withdrew that petition on July 9, 2025.

Five months later, on December 30, 2025, the California Board of Parole Hearings granted him parole anyway. Under the California Constitution (Article V, § 8, as amended by Proposition 89 in 1988), the governor has 30 days to review and potentially reverse a parole board decision in murder cases. Newsom is one of only two governors in the nation with that authority — California and Oklahoma are the only states where the governor can overrule a parole board on murder.

On April 24, 2026, the last day of that review window, Governor Newsom communicated to the Board that he would take no action. Tamez became eligible for immediate release from California Men’s Colony.

Timeline — From Murder to Release

June 17–18, 1974: Genevieve Adaline Moreno is robbed, kidnapped, raped, and strangled to death in Nipomo, CA.

September 3, 1974: Alberto Tamez, Jr. pleads no contest to first-degree murder.

September 23, 1974: Sentenced to life in prison with possibility of parole at California state prison.

April 2023: Tamez files PC § 1172.6 petition to vacate his murder conviction. DA Dow’s office opposes.

July 9, 2025: Tamez withdraws the resentencing petition.

December 30, 2025: California Board of Parole Hearings grants parole.

April 24, 2026: Governor Gavin Newsom (D) communicates no action to the Board. Tamez eligible for release.

§ 03 / DA Dow's Response — 'Fought This Outcome at Every Stage'

San Luis Obispo County District Attorney Dan Dow, along with Deputy District Attorney Ashley Cervera, filed comprehensive written opposition at every stage — first opposing Tamez’s 2023 attempt to vacate his conviction, then making the case directly against the parole grant. Dow’s office made the record clear: Alberto Tamez, Jr. was not a peripheral figure caught up in a legal technicality. He was the man who committed every act in that eucalyptus grove in 1974.

I am deeply troubled that our criminal and victim justice system has reached a result where the man who brutally murdered Genevieve Moreno over fifty years ago will now walk free. My office fought this outcome at every stage — opposing his attempt to vacate his conviction, and making clear to the courts that Alberto Tamez, Jr. was not a peripheral figure or a legal technicality.

DA Dan Dow, San Luis Obispo County · May 2026

Dow also stated that his office was “deeply disappointed that the Board of Parole Hearings granted parole, and that the Governor chose to take no action to reverse that decision.” Justice for Genevieve Moreno, Dow said, demanded that Alberto Tamez, Jr. remain incarcerated.

California Released A Convicted Serial Pedophile On Parole — But Newsom Didn't Sign That Law
§ 04 / Newsom's Parole Authority — What the Law Actually Says

Under California’s constitutional framework, the governor’s power to intervene in parole decisions is limited — but it is not zero in murder cases. California Proposition 89, passed by voters in 1988 and codified in Article V, § 8 of the California Constitution, specifically grants the governor the authority to “affirm, modify, or reverse” a parole board decision for any inmate serving an indeterminate sentence for murder. The governor has 30 days to act before the decision becomes effective.

Alberto Tamez, Jr. is a convicted first-degree murderer. That puts this case squarely within the constitutional window in which Newsom could have acted. He chose not to. By contrast, in cases involving non-murder offenses — such as the home invasion rape conviction of Roberto Detrinidad, released from San Quentin in May 2026 — the governor genuinely lacks unilateral reversal authority under state law. The Tamez case is different. This is a murder conviction. The governor had the power. He used it to do nothing.

Newsom's Parole Record — A Pattern of Inaction in 2026

The Tamez case is one of several high-profile early releases that have drawn condemnation from California law enforcement and Republican lawmakers in 2026:

Roberto Detrinidad: HIV-positive convicted home invasion rapist — broke into a San Francisco woman’s apartment and sodomized her while she slept — released from San Quentin State Prison by May 5, 2026, after serving 11 years of a life sentence. Newsom lacks reversal authority in non-murder parole cases.

David Allen Funston: Convicted in 1999 on 16 counts of kidnapping and child molestation for a 1995–1996 Sacramento-area crime spree targeting children — released through California’s Elderly Parole Program, February 2026. Later faced new charges in Placer County.

Gregory Vogelsang: Serving 355 years for molesting six boys ages 5–11 in the 1990s, admitted to still having pedophilic fantasies as recently as 2021 — recommended for early release, March 2026. California GOP demanded new parole board leadership.

California Senate Republicans formally asked Newsom to remove parole board commissioners over the pattern of releases. The California Republican Party launched a petition called “Stop Gavin’s Predators.”

Should Gov. Newsom get rid of CA parole board members who voted to release a serial child rapist? — ABC10
§ 05 / Who Runs California
California State Government · May 2026

Governor: Gavin Newsom (D) — took office January 7, 2019; re-elected November 2022. Has sole executive authority to reverse murder parole decisions under California Constitution, Article V, § 8. Did not exercise that authority in the Tamez case.

California Board of Parole Hearings: Commissioners appointed by the Governor, confirmed by the Senate. Granted Alberto Tamez, Jr. parole on December 30, 2025 despite his convictions for first-degree murder, robbery, kidnapping, and rape by force.

San Luis Obispo County District Attorney: Dan Dow— filed opposition to every step of Tamez’s legal efforts to vacate his conviction and secure parole. Publicly condemned the governor’s inaction.

California Men’s Colony: State prison in San Luis Obispo where Tamez was held and from which he is eligible for release. Operated by CDCR under Governor Newsom’s administration.

Bottom Line

In 1974, Alberto Tamez, Jr. robbed a woman, kidnapped her, beat her while she pleaded for mercy, raped her, and strangled her to death in an isolated grove outside a California bar. He pleaded no contest to first-degree murder. He served 52 years. In December 2025, the California Board of Parole Hearings voted to set him free. Governor Gavin Newsom (D) had 30 days — and the constitutional authority — to reverse that decision. On April 24, 2026, the last day of his review window, he chose to take no action. Genevieve Adaline Moreno was 52 years too late to make a different choice.

Sources & Methodology · 12 Sources
All crime details, sentencing dates, conviction charges, parole board hearing date, and Governor’s non-action date are sourced from the official San Luis Obispo County District Attorney press release. DA Dan Dow’s direct quotes are as reported by the SLO County DA office and local news outlets. Alberto Tamez, Jr. pleaded no contest to first-degree murder in 1974; he has been convicted. The California Penal Code § 1172.6 petition he filed in 2023 was withdrawn in July 2025 prior to the parole grant. The governor’s authority to reverse parole decisions is limited by the California Constitution (Article V, § 8, as amended by Proposition 89 in 1988) to murder cases only; separate from the question of whether that authority was exercised here.