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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. The focus again, therefore, is not on just how probative the evidence was, but rather on how grave the risk of prejudice admission of the old incident presented. The prosecutor characterized Paul's wiretapping of his ex-wife as creepy and really unusual, and stated he taunted his ex-wife's parents by telling them about the wiretapping. Why am I helping u? The letter stated: Ayala was actually warned what would happen if he screwed with these people. Paul was free to argue that the document itself proved he had no intention of harming Roberto because, even in his most private moments, he did not threaten him. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Paul argues the trial court abused its discretion by admitting evidence he had wiretapped his ex-wife's telephone during divorce proceedings 15 years earlier and had made oxygen acetylene bombs 20 years earlier. We agree the prosecution may have overstated the probative value by arguing the degree of sophistication a wiretap takes in the absence of evidence to support that claim. Tucker reported the incident to the sheriff and to Roger. It's leveraged in between there. One of Pauls complaints was that Peter got an air-conditioned cab, while he drove the tractor, simply because he was unbearable to work with, otherwise. 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. Paul Moore convicted in Colusa bombing death - Appeal-Democrat You have permission to edit this article. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. [Citation. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. This was my first and final job. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. Sorry, there are no recent results for popular videos. Both suffered physically. ), 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. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Paul Roger Moore, 49, is facing life - The Sacramento Bee | Facebook He lived with his parents and. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. But 12 jurors of Pauls peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala, and we must respect their verdict., The appeals court also said that Paul complained bitterly about his life growing up on the farm and felt mistreated by everyone., The Sun Herald article states that the appeals court said the murder case was a classic whodunit. Becoming windy overnight. After the trial in 2013, Moore appealed the decision in 2016. She thereafter requested the opportunity to offer a surrebuttal. 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. In those instances, a defendant's prior bad acts are admissible. . By Harold Kruger We accept for purposes of this issue the trial court's characterization of the defense closing argument. He threatened to beat [his] dad's ass on multiple occasions. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. He faces life in prison without parole I got name, age, vehicle description, plate number and location. Moore is the owner of the Moore Brothers Farm. Diane Nichols, under appointment by . This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. (People v. Kipp (1998) 18 Cal.4th 349, 369. 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. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. 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. 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. Another expert will do this job. 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. In other words, Martin believed Peter's bark is much bigger than his bite. Martin had never seen Peter actually engage in any sort of violence. He was born January 23, 1935, in Turner . Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. Colusa Obituaries - Latest Obituaries in Colusa, CA - Echovita 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. The outside square of the diagram is the electrical box that we've described.. Poyner said that after the verdict was announced, he called Peter Moore. He explained that he had posted a message entitled Horrible Tragedy on a sports gambling Web site wherein he described the death of Roberto Ayala. We disagree. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. In the My Life document, as described above, Paul provides a litany of perceived wounds and transgressions he suffered throughout his life on the farm and many of the indignities he felt were a result of the privileges, trust, and respect showered on Roberto by Roger and Gus. He ran for about two miles to get help. But Peter's situation was far different. The forensic evidence, as we have described it, connects Paul to the drafting of the second letter and bomb diagram sent to the sheriff's department. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. This information was not disclosed to the public. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Gus stood ready to arrest him for trespassing if he was found on the premises. Please try again. Paul Moore convicted in Colusa bombing death, Animals in and out of control: Yuba and Sutter counties clarify common animal complaints, I view this as a solution: Habitat proposes 217-unit affordable housing apartment complex in Yuba City, Chili cook-off heats up Yuba City Moose Lodge, Marysville man serving time for attempted murder dies in prison, Plumas Lake man to be sentenced in case of pure evil, Caretaker who stole from the tulip lady gets community service, Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. ADVICE: Are North Americans wimps when it comes to pain tolerance? The text of the letter was a photocopy of the original; it too contained printed label strips made with a label maker. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. Whoever is driving that white F-250 is in great danger. You have permission to edit this article. In fact, he testified [t]hat piece of property is my favorite piece of property that we own. It was in that field that he ran his duck club before Roger took down the blinds. (People v. Vereneseneckockockhoff (1900) 129 Cal. The prosecution need not, as we know, prove motive. It was improper in Paul's estimation because the wiretapping evidence was admissible solely to prove his technical knowledge, yet the prosecutor transformed it into improper character evidence. 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. Expert in Vietnam devices. Paul Moore convicted in Colusa bombing death - Appeal-Democrat Half of the amount will go to Jesus, Maria and Paola Ayala, while the other half will be placed in an annuity for Roberto's now 12-year-old son. Fill out this form to submit a Letter to the Editor. I finally found the Ford, and now it is driven by some young guy, not the brother. He noted that in a stack of paper, indentations can appear five pages down. Paul Roger Moore was found guilty - Colusa Sun-Herald | Facebook "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. Roberto had worked for the Moore brothers for 19 years. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. Higher wind gusts possible. Paul Moore was arrested five months after the explosion after a search warrant was executed at his home by the Colusa County Sherrif's Office assisted by the Bureau of Alcohol, Tobacco,. But abused and ostracized by his father Gus, whom family members called Grumpy, Peter was not allowed to farm and instead spent 21 years earning a living in a landscape business he apparently loathed at times. In the first message, Peter told Roger that the real reason Roberto's son was fired by another employer was that he was caught stealing and forging his time card, the same thing the Ayala boys had been doing to Roger for years. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. Bomb victim's family awarded $20M | Colusa Sun Herald - Appeal-Democrat "That's why I took the case.". Low 41F. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. Moore was cuffed and booked at the Colusa County Jail at the age of 47. 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. Peter had difficulty with reading comprehension. 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. A forensic document examiner compared the sheet of paper with the indentations that had been seized from Paul's residence to the diagram of the bomb mailed to the Colusa County Sheriff's Department. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. Clearly, over the years he earned the trust and respect of Roger and Gus. He did not like Roger and Roger did not like him. Paul maintains the prosecutor's comparison to DNA analysis imputed an accuracy to the paper and ink analysis that was not in evidence, and therefore it was error to allow the prosecutor to argue the ink, paper, and labels were matches. We agree with the trial court that the argument was permissible as a mere example or analogy. 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. 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. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. 3 Crim. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. The lack of complete alignment resulted from the diagram or indented sheet being moved, the diagram being drawn at different times, or a line being overwritten. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. His trial lawyer provided excellent representation and advocacy. They will find him. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. Ayala was killed in an explosion in 2013. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. February 7, 2023 (78 years old) View obituary. ), Wiretapping: In opposition to the defense motion in limine to exclude the evidence of wiretapping, the prosecutor argued: Defendant climbed a telephone pole and attached a wire to the line, running the wire to a recording device. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. He had been angry and upset with the Moore family since he was 12 years old. A document examiner from the United States Secret Service compared the ink from the documents sent to the sheriff's department with the ink on documents from the printer confiscated at Paul's house. My house and property are protected, larger devices. Our sole duty, as we wrote at the outset, is only to insure that there is substantial evidence to support the verdict this jury reached. From 1995-2014, they received grants worth $2.1 million. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) September-October: On several occasions the FBI dive team searched the canal and the irrigation ditch perpendicular to the canal and found a fuse, hinge, washers and nuts, the inside part of the electrical control panel, part of the post the panel had been mounted on, and a timer box cover. 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. Our criminal justice system is predicated on the fundamental notion that a person accused of criminal conduct must be convicted based on evidence that he or she committed the alleged conduct and not merely based on evidence of a criminal disposition or a criminal reputation. Fill out this form to submit a Letter to the Editor. The governing District was organized on July 16, 1923. The action you just performed triggered the security solution. Paul is Roger's son. Paul said the evidence was no big deal; he said the sheet was found in his house by the window, and he probably leaned on it and opened the window.. The next guy might not catch the error in info and the wrong person will die. If u come 4 me, call first. I am over this life. Gunner also reported that, according to his dad soon after the explosion, his grandfather feared that there was a booby trap in the switch and stated that someone must have been a genius to be able to do that, some type of electrical genius.. McNary-Moore Funeral Service Obituaries - Echovita On that same day, Paul cast aspersions on Peter. 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. First, he complains the prosecutors sandbagged him by engaging one prosecutor, who played a more minor role at trial, to make a perfunctory opening argument, saving its genuine substantive attack by the prosecutor who conducted the bulk of the examination. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) Nor was there a terrible danger of unnecessarily inciting the jurors' passions. As soon as that door starts to open, that washer is free. On top of that, Roger surely had the resources to ensure everyone was looked after. Rice Subsidies in Colusa County, California, 1995-2020 . Most significantly, Peter broadcast his contempt for Roberto. The money is good. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. Search by Name, Phone, Address, or Email. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. Peter was intimately familiar with the field where Roberto was blown up. "(The murder) is really the unfortunate product that came out, in spite of Roger's well-meaning efforts to do well by his family and do well by the company," Druliner said. On August 15 the investigators received a second letter and a diagram of a bomb. The essence of Paul's argument is that the wiretap had minimal probative value because of the lack of evidence as to the quantum of knowledge necessary to build the bomb that killed Roberto. Click to reveal But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. The trial court agreed with the prosecutor's position that the defense argument put in issue virtually all evidence that tended to show Paul's motive, technical skills, and past related actions and opened the door to fair comment on any and all evidence tending to link him to the crime. Chance of rain 100%. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. Taken together, their expert opinions constitute substantial evidence from which the jurors could reasonably infer that Paul was the author of the incriminating letters to the investigators and that it was the author of those letters with the knowledge of the intricacies of the bomb who must have designed, created, and planted it. This website is using a security service to protect itself from online attacks. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. August: On August 11 the investigators were informed that the chemical testing of the fragments from the explosion indicated the presence of nitroglycerine, a chemical used in explosives. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. Medicare vs. Medicare Advantage. . opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. During his apprenticeship, Paul worked alongside Roberto. Third Appellate District (Colusa) (Super. Obituaries from McNary-Moore Funeral Service in Colusa, California. Once it gets free enough to the point, and that won't take a whole lot, that washer drops or is free, and then that bolt drops, pulls the line through the first nut on the top, pulls the nut or the line through the bottom nut over here, the second one, which yanks on this little trigger right there releasing the bale. And Roberto Ayala, in particular, was the target of his wrath. He explained that the indented sheet appeared to have been placed beneath the document that was actually written even though some of the lines did not align perfectly. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Who is Roger Moore? Where is Paul's Father Now? Roger Moore's Net Worth We agree with the trial court. Having heard how Roberto Ayala had been burned and blown up, the evidence of a simple wiretap would not have so outraged or incited the jurors as to put them at risk of wrongfully convicting Paul because of this prior act. A defendant's writings have been admitted to prove motive over defense objection. Paul returned to work on the farm a few years before the explosion. (Evid. People v. Moore | Law.com Later, as a father, Paul taught Gunner how to hard-wire electronics to his car battery so he would not have to use the cigarette lighter to power the electronics in his car. In sum, there is an abundance of circumstantial evidence that either Peter or Paul, or perhaps Peter and Paul together, built and planted the bomb that killed Roberto Ayala. THE PEOPLE v. PAUL ROGER MOORE (2016) | FindLaw 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. He is also survived by his brother, Roger Moore. But apparently they had little difficulty reaching their verdict. We conclude the risk was very low. I received another package via USPS, target two, I will not take this job because the info I received is wrong. The forensic evidence, including the indented sheet of paper with Paul's fingerprints on it, the ink and paper from his printer matching the ink and paper mailed to the sheriff, the matching fishing lines, and the presence in the farm shop of many of the materials needed to make the bomb, constitutes substantial evidence to support the inference the jury made that it was Paul who wrote the letters to the sheriff, and it was therefore Paul who planted the bomb that blew up Roberto Ayala, just as he had planned.