Gunner believed his dad could repair just about anything and could make something out of nothing. One of Paul's favorite hobbies, according to Gunner, was assembling and flying radio-controlled airplanes. By Harold Kruger That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. hkruger@appealdemocrat.com. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Winds S at 20 to 30 mph. Affirmed. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. He assumed Peter was trying to get him fired. Information is scarce, especially since Moore does not seem to have any social media presence. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. The settlement also included about $44,800 in worker's compensation payments. The evidence is all circumstantial. He ran for about two miles to get help. Location and meter number for panel. Roberto had worked for the Moore brothers for 19 years. Published: Jun 17, 2016 Total records: 5,262. A Colusa County judge approved the judgment last month in the wrongful death lawsuit filed in 2013 by Jesus, Maria and Paola Ayala against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. We have found no error at all, and therefore there are no errors to accumulate. Most significantly, they shared their animosity toward Roberto Ayala. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. Higher wind gusts possible. The fact that the prosecutor chose to highlight the damaging evidence only in response to the defense claims that Peter, not Paul, had killed Roberto Ayala and that he had no motive or nothing to gain from the killing was a strategic choice the prosecutors made. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. This characterization, according to Paul, sought to convince the jury he was a creepy person and, as a result, had a propensity to commit bad acts. They gave me two months 4 this job. A defendant's writings have been admitted to prove motive over defense objection. and plate number. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. "The bells of justice have finally rung for us," Ayala said. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. All rights reserved. A Colusa County judge approved the judgment last month in the wrongful death lawsuit filed in 2013 by Jesus, Maria and Paola Ayala against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. From this evidence, the jury could reasonably infer that because Paul was familiar with Roberto's routine, he could specifically target Roberto by placing the bomb in an electrical pump panel he knew Roberto would be operating. There is no direct evidence that Peter knew Roberto's precise work schedule or routine, but a jury could reasonably infer that he understood that a foreman's responsibility included adjusting the water levels on the rice fields. This is why I refused this job, but the next guy might kill both to ensure payment. Sorry, there are no recent results for popular videos. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. Defendant insists there is no substantial evidence that he murdered Roberto Ayala, and the weak circumstantial evidence of his guilt is insufficient to sustain the verdict in the context of the more compelling evidence that his cousin Peter was the perpetrator. In addition, he had a violent disposition and leveled threats to harm not only Roberto, but his father, his uncle, and many others who upset him. There is indeed sufficient evidence to support a reasonable inference that Paul had nursed a lifetime animosity toward nonfamily members his father appeared to favor. Paul, through his own words, told that story from his perspective, and his perspective provided the jury invaluable insight into his motive for committing such an atrocious act. Colusa, CA. He also testified that Paul had told him that Roberto had said he was only good for picking up trash and that Roberto would be receiving Peter's inheritance. Winds S at 20 to 30 mph. The vehicle, a 2006 Ford F-250, will be sold, he said. And, of course, he was ostracized from the farm and estranged from his father. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. Thus, he was suggesting by analogy that the document examiner could not say the papers were a positive match. The trial court rejected the defense claim that the prosecutor improperly had compared paper stock analysis to DNA analysis when there was no DNA analysis in evidence. Virginia Carmen Ortiz. He was the farm foreman. "We've waited 25 months and. A trace evidence examiner found the fishing line recovered from Paul's boat had the same chemical composition as the line around the bolt found at the site of the explosion. During the trial, Roger Moore testified he planned to share his half of the farm with his son, but that Paul Moore would have to work his way up in an effort to build respect from the employees, a situation that Druliner said Paul Moore resented. We agree with the trial court that the document was therefore relevant to prove motive. Roberto's death occurred against the backdrop of great family disharmony and dissension between the two principals in this deadly drama, Peter and Paul, cousins whose fathers were the sons of Richard and Mimi Moore, owners of an 1,800-acre farm near Colusa. Peter's house was searched a few days after the explosion. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. Thus, the court disagreed with Paul's threshold argument at trial that the prosecutor's rebuttal was improper because it exceeded the scope of the defense closing argument. He acknowledges, as he must, that our task is to review the whole record in the light most favorable to the jury verdict to determine whether it discloses substantial evidenceevidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. He insisted that Peter planted the indented paper and that his fingerprints were left on the top sheet when he placed his hand on it to adjust a window shade. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. Paul Moore is currently serving life in prison without the possibility of parole. Chance of rain 100%. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. On August 17 Paul went to the police station voluntarily. Having reviewed the evidence offered by the prosecution, we now turn to the evidence presented by the defense that Peter, not Paul, planted the bomb that killed Roberto Ayala, for he too appeared to disdain the man, he too had the opportunity and familiarity with the irrigation pump, he too had access to the area in which the bomb was planted, and he too had incriminating evidence on his computer hard drive. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. Stay up-to-date with how the law affects your life. Paul then drove to the farm shop. Do I think Peter (Paul's cousin) did this? The investigators took possession of three computers and three cellular telephones. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. In the explosive expert's opinion, the evidence collected from the scene of the explosion was consistent with the diagram of the bomb, including a bolt with the piece of fishing line, pieces of a sprayed-black plastic bottle, plastic wrap, and washers and bolts that might have been part of the bomb. All of these considerations could factor into the trial court's delicate weighing process. ARLAN MOORE OBITUARY . She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. Paul insists it was his first cousin Peter who had the motive and violent disposition to murder Roberto, a man who had claimed his father's and uncle's affection and devotion. A jury convicted defendant Paul Roger Moore of first degree murder based exclusively on circumstantial evidence that he built and planted a victim-activated bomb in an irrigation pump he knew the farm foreman and eventual victim, Roberto Ayala, would activate. 3 Crim. First three fuses, the device had dual triggers and detonators. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. White Ford, same plate number. The wiretapping occurred in 1995 or 1996. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. On appeal, Paul challenges the court's denial of her request. Little Fabian ran through the sunflower fields, as far as he could, to get help for his father More Friday at 9/8c with @Dateline_Keith. Fill out this form to submit a Letter to the Editor. Paul concedes that the standard of review is an abuse of discretion, but he cautions us not to rely on the colorful descriptions and derisive boilerplates the Attorney General uses to describe abuse of discretion, including such catchphrases as a court abuses its discretion when the ruling is arbitrary, capricious, or patently absurd, resulting in a manifest miscarriage of justice. Rather, he insists the ultimate question is whether the court's ruling was unreasonable in light of the governing law and the facts presented. The Oxygen-Acetylene Bomb: Similarly, the evidence that Paul had mixed oxygen with acetylene to produce an explosion when he was in his early to mid-twenties also had some probative value about his knowledge, even if primitive, of bomb making. January 28, 2023 (85 years old) View obituary. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. Nevertheless, on the narrow legal questions presented, we find substantial evidence to support the verdict and no abuse of discretion in admitting evidence or denying the defense request for surrebuttal closing argument, and therefore affirm the judgment. Neither cousin was happy with his place within the family hierarchy. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. ), Nevertheless, the Legislature also recognized that some otherwise inadmissible character evidence should be considered by a jury because it is relevant to prove identity, intent, or knowledge. 107 5th St, Colusa, CA. Whoever is driving that white F-250 is in great danger. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. Roberto's seven-year-old son told the investigators and testified at the preliminary hearing that he did not move or drive the truck after the bomb exploded. Paul Wynn Jan. 12, 2023. Roger, Pauls father, got tied up in a civil suit brought by Ayalas wife, where she alleged that he must have been aware or should have been aware of Pauls malice and past criminal activities. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. Copyright 2023, Thomson Reuters. Although the trial was lengthy, they took less than a day to deliberate. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. #Dateline tonight at 9/8c. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. Paul alleges the trial court erred by denying his request to offer a surrebuttal to the second prosecutor's rebuttal and depriving him of the opportunity to offer a reply to the facts and arguments he had not raised in his own closing argument. ), Admission of character evidence, however, is subject to special rules. He described how the booby trap would detonate, as follows: So imagine you take a metal box, typical control panel, electrical, that has the lip that goes around, and you have that little washer pin in there so that the lip of the box, I imagine, the door to the box and the box itself has this little washer sandwiched in between them so that it can't fall down. He thought the police were there to search for medical marijuana he was growing. C075231. Farm accidents are as old as the wheel, but was this an accident? On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. Rainfall near a quarter of an inch. The prosecution argued that Paul was attempting to taunt the police. But that is not to say a wiretap does not have sufficient probative value to merit admission, and given the minimal risk of potential prejudice, the trial court did not abuse its discretion by admitting evidence that did offer some probative value into the extent of Paul's knowledge about building and connecting electrical and mechanical devices. Chance of rain 100%. Previously driven by target one. He was born January 23, 1935, in Turner . ADVICE: Are North Americans wimps when it comes to pain tolerance? While there is no evidence that he actually had been disinherited, Peter believed he had and that Roberto would be the recipient of his share of the farm. He denied involvement in the explosion, declaring it was a chicken shit way for somebody to do it. As mentioned earlier, he claimed he had little experience with electrical devices and no experience with the irrigation pumps. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. provides funeral home, burial, veteran,. We will review that evidence in two steps: first, we will outline the evidence of solid, credible value the jury could have reasonably relied upon in finding Paul guilty of murder beyond a reasonable doubt. An explosive enforcement officer testified that booby trap devices are victim-operated. He explained that just above the pipe bomb was a mouse-trap assembly that was used as a trigger. There is no question, however, that the evidence was remote in time. We have outlined the chronology of the investigation and how it produced evidence that Paul was quick to alert the investigators to evidence suggesting that Peter bore Roberto ill will, that Peter had threatened Roberto, that Peter had been at the scene of the explosion the day before it happened, and that it was an explosion, not an accident. But apparently they had little difficulty reaching their verdict. In The Court of Appeal of the State of California. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. He argues that the trial court's error violated his right to a fair trial and due process of law under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Ct. No. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The trial court cannot be said to have abused its discretion by admitting highly relevant evidence when the only prejudice is the fact the story Paul himself told was a damaging one. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. Rainfall around a quarter of an inch. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. Gus was . Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. SACRAMENTO Paul Moore was found guilty on Friday of the Colusa County murder of Moore Bros. farm foreman Roberto Ayala after about five hours of deliberations. "Do I think Paul did this? The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. The letter stated: Ayala was actually warned what would happen if he screwed with these people. The bomb exploded, injuring Paul and his friend. Without debating semantics, the point is that we must defer to the trial court's determination whether the evidence is substantially more prejudicial than probative unless the court has strayed too far from what is reasonable and sound. But the document provided strong circumstantial evidence he secretly envied the position to which Roberto had ascended and the discomfort Roberto's presence continued to cause him. And, as with the admissibility of the wiretap evidence, the argument is simply a diminution of the probative value suggested by the prosecution; it is not that the evidence bore no probative value, just that it was substantially outweighed by the risk of prejudice. Defense attorney Linda Parisi argued that Paul Moore's cousin, Peter, was responsible for the bomb in the three-week Colusa County Superior Court trial that was moved from Colusa to Sacramento. We cannot say the trial court's denial of defense counsel's request for surrebuttal constituted an abuse of discretion under these circumstances, and we also cannot say that additional argument on the same themes already argued would have changed the jurors' finding that Paul was guilty beyond a reasonable doubt. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. The money is good. We turn to counsel's arguments, the objections that were lodged, and the trial court's rationale in denying the defense request to make a surrebuttal argument and denying its later motion for a new trial. 13.56.206.54 According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. Trig one, vibration activated. Code, 1101, subd. Paul, not Peter, used abbreviations such as u and 4 in his text messages. Peter had difficulty with reading comprehension. At trial there was no evidence Paul climbed a telephone pole to attach a wire to the line or any other evidence as to how Paul actually wiretapped the telephone. You have permission to edit this article. Search by Name, Phone, Address, or Email. A Sacramento County jury found him guilty on Aug. 23. In denying Paul's motion for a new trial on this ground, the trial court stated that the prosecutor's offhand and brief comment could not be fairly construed as arguing character. 497, 508.) This vehicle info is the same as the first job. To the contrary, the prosecutor did nothing more than marshal validly admitted evidence to counter defense argument: that is, the prosecutor referred to wiretapping evidence to demonstrate that Paul had superior technical skills to Peter and to his My Life entries to demonstrate he had a motive to kill Roberto, based on a lifetime of indignities and slights he felt on the farm. His trial lawyer provided excellent representation and advocacy. Paul and his young friend were burned in the explosion they caused, but their injuries paled by comparison to the injuries suffered by Roberto when the bomb he activated set him on fire and electrocuted him. Paul Moore was found guilty on Friday of first-degree murder of Moore Bros. farm foreman Roberto Ayala in Colusa County after the jury deliberated for about five hours. They found threaded pipe nipple, end caps in the form of reducers and plugs, other end caps, washers, nuts, multicolored wire, and seven-inch bolts. Learn more about FindLaws newsletters, including our terms of use and privacy policy. I received another package via USPS, target two, I will not take this job because the info I received is wrong. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. Gus stood ready to arrest him for trespassing if he was found on the premises. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. If u come 4 me, call first. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Since I will not take this job, it will soon be reassigned. And while it may be doubtful that Paul killed the farm's foreman to accelerate his own position given that his father had already decided to partner with him, he certainly felt aggrieved and humiliated that he had been denied the opportunity to become the foreman when he graduated from high school and that, throughout his life, those employees like Roberto Ayala who were not part of the Moore family were valued more and treated better than either Peter or Paul. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. Clearly, over the years he earned the trust and respect of Roger and Gus. Express your opinion! On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. Another expert will do this job. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. Ct. No. Believe me and have time to do something to help these guys.. Someone will take it. On that same day, Paul cast aspersions on Peter. A document examiner expert testified at trial that the paper used in the second letter sent to the sheriff, the diagram, and the indented paper were chemically indistinguishable. Colusa Cemetery District grounds was established as a cemetery in 1873. "Paul was afforded a fair. Your IP: For example, Roberto traveled with Peter to a seminar about operating a sod business, but when Peter expressed interest in purchasing a harvester, Roberto alerted Roger, and Roger disapproved of the purchase. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. Trig two, drop weight activated upon door opening. Installing a device inside such a panel is a highly dangerous activity. Low 41F. In those instances, a defendant's prior bad acts are admissible. Records published here were acquired from Colusa . Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. I finally found the Ford, and now it is driven by some young guy, not the brother. Without going as far as the prosecutor in overstating the probative value, therefore, we do conclude the risk of prejudice was so conspicuously slight that it did not substantially outweigh the probative value the explosion-making incident had in establishing that Paul did have some familiarity, even if rudimentary, with working with explosives. Based on Peter's violent disposition and the threats he leveled at Roberto, among others, the rat trap YouTube video found on his computer, his basic understanding of electrical devices sufficient to enable him to install electric sprinkler systems, his familiarity with the field and with Roberto's responsibilities, his opportunity to plant the bomb, and his compelling motive to remove him from the farm, Paul argued that Peter planted the bomb that Roberto activated when he opened the electrical box to adjust the water levels on the rice field. Furthermore, the trial brought to light that Rogers enterprise had several vehicles and machinery, which employees like Roberto were allowed to take for personal use. Fill out this form to submit a Letter to the Editor. He ran to help him, but his father was unresponsive. We know that his farm has rice fields and walnut orchards. He was fired as the director of a duck club because he offended some of the members. There were disagreements where Roger took Roberto's advice over that of his son or nephew. He thought he was safe in the States. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.)
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