After the trial in 2013, Moore appealed the decision in 2016. Express your opinion! The target is brother of target one and drives Chevy. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. Paul told investigators that his electrical experience was limited to fixing an electrical outlet and that he had no experience working on the pump control panels. Most significantly, Peter broadcast his contempt for Roberto. You have permission to edit this article. This website is using a security service to protect itself from online attacks. Again, the limited scope of appellate review presents an insurmountable obstacle. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. As a result, Roger had the duck blinds removed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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,. The evidence is all circumstantial. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. 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. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . 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. As a child he rigged his light switch; as a father he taught his son how to hardwire his car; as a farmer he designed a mud chisel, rice rollers, and a fertilizer aqua bar. The outside square of the diagram is the electrical box that we've described.. The police officers confiscated a laptop computer, a combined printer-copier, a partial roll of stamps similar to those used on the second letter sent to the sheriff, an unopened label maker, file folders that had been marked with labels created with a label maker, and manila envelopes similar to the one used for the first letter. 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. 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. On August 17 Paul went to the police station voluntarily. At trial he explained he had difficulty understanding the documents he was asked to review, but that he could understand an oral description of their contents. Although he had used the irrigation pump years earlier when he was shooting ducks, the mechanism had been changed and he testified he did not know how to use the new apparatus. Robert John Vierra. Three days later, they received another letter containing a diagram of the device. Most significantly, they shared their animosity toward Roberto Ayala. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. Paul Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. A defendant's writings have been admitted to prove motive over defense objection. Code, 1101, subd. Sorry, there are no recent results for popular images. 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. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. On July 16, 2011, he was killed in front of his son. He felt mistreated by everyone, including Peter. 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. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. And it is particularly challenging because, as Paul argues on appeal, there are no witnesses, no fingerprints on any of the bomb parts, no DNA, no confessions, and no admissions. History. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. In his view, the admission of such prejudicial evidence rendered the state proceedings fundamentally unfair and violated his right to a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. 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. His son heard a loud explosion and saw his father on fire. 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. Clearly, over the years he earned the trust and respect of Roger and Gus. He assumed Peter was trying to get him fired. He will rather seek life in prison without parole for Paul 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. 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. "My sister-in-law is friends with the family," he said. Low 41F. (People v. Vereneseneckockockhoff (1900) 129 Cal. Are you concerned about the rising tensions with North Korea? "Do I think Paul did this? There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. Becoming windy late. 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. (CALCRIM No. Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. McNary-Moore Funeral Service in Colusa, CA. 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. 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. 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. 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. The circumstantial evidence against Paul Moore included opportunity to plant the bomb and familiarity with the farms, a unique skill set to fix electrical and pump problems, and Pauls bringing investigators a piece of metal he found near the explosion. Performance & security by Cloudflare. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. 2023 Cinemaholic Inc. All rights reserved. ), 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. Rogers exact whereabouts as of 2020 remain unknown. 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. Why am I helping u? We disagree. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. 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. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. He threatened to beat [his] dad's ass on multiple occasions. Again, Paul's critique is the same: that is, the prosecutor grossly exaggerated his fascination with bomb making and extrapolated one incident into a proclivity to create multiple and more advanced explosive devices. He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. We cannot say the trial court abused its discretion by admitting evidence of a pattern of fascination and aptitude with building things, some requiring electrical aptitude and some that did not. Offer condolences/tributes, send flowers or create an online memorial for free. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Of Paul Moore, Poyner said, "the guy is evil. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. We simply cannot say the evidence that Paul possessed the unique skill set to build a bomb, that he had the requisite familiarity with Roberto's schedule and with the irrigation pump where the bomb was planted, of his fingerprints on the indented sheet that matched the bomb diagram and the remainder of the forensic evidence connecting his printer and his labels with the letter and diagram sent by the bomber to the sheriff, and of his suspicious behavior in framing his cousin and in manufacturing and planting the spikes in the road and chasing the investigators at high speeds, and his personal account of the lifetime of disappointment he felt in the way he had been treated relative to the way his father and uncle doted on Roberto, does not constitute solid evidence of credible and reasonable value to sustain the verdict. We have found no error at all, and therefore there are no errors to accumulate. COLUSA COUNTY (CBS13) - A man has been convicted of murdering a farmworker by setting a bomb in an electrical panel that was triggered by the victim at irrigation pump. It is speculative, according to Paul, to assume that wiretapping a telephone is any more complicated than purchasing a Radio Shack or Spy Store device complete with user instructions for dummies [or] a DIY device.. Peter texted, When [Roberto's] wing is better, he's all mine. Peter testified that when he wrote the message he was planning to beat up Roberto. 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. On top of that, Roger surely had the resources to ensure everyone was looked after. On July 16, 2011, Roberto picked up his seven-year-old son, bought him lunch, and drove to one of the Moore brothers' rice fields to adjust the irrigation pump. The settlement also included about $44,800 in worker's compensation payments. Another expert will do this job. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. "That's why I took the case.". 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. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. 3 Crim. For the first time at trial, however, he testified he got into the truck and tried to drive it. And Roberto Ayala, in particular, was the target of his wrath. In The Court of Appeal of the State of California. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. Paul was eventually arrested for the murder of Roberto Ayala. The case is a classic whodunit. He took on additional responsibilities as his back healed, and by July 2011 Roger had decided to bring on Paul as a 50 percent partner of his half of the farm operation. There was no direct evidence of who designed, constructed, or placed the explosive device. Periods of rain. 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. He had been angry and upset with the Moore family since he was 12 years old. 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. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. This was my first and final job. He thereafter refused to come back for any additional interviews. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. Paul then drove to the farm shop. 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. You can email the site owner to let them know you were blocked. David Moore's birthday is 01/17/1944 and is 78 years old. Paul was afforded a fair trial, the appeals court said at the time. Here the prosecution sought to prove that Paul disliked Roberto Ayala, believed he was a liability to the farm, and thought that his removal would allow Paul to assume greater managerial responsibilities. Peter told Ruiz and Conedy-Ruiz he did not like Roberto, he was practicing karate to prepare him to fight Roberto, and he referred to Roberto as a son of a bitch. In either June or July of 2012 Peter told Ruiz and his wife to forget everything he had told them a year earlier. Click to reveal We concur with the trial court's analysis that [t]his comment can, in the context of a case where the prosecution presented dozens of witnesses over several weeks, only fairly be understood as a comment that witnesses can be called by either side. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. We have completed one-half of our job by presenting the circumstantial evidence from which the jurors could have reasonably inferred that Paul had the familiarity with Roberto Ayala's work routine and how to operate the irrigation pump as well as the opportunity to plant the bomb and the unique skill set in electrical and mechanical design to have constructed the victim-activated explosive device that killed him. A trace evidence examiner testified that the chemical composition of the fishing line found in Paul's boat was indistinguishable from the fishing line wrapped around a bolt found at the scene of the explosion. 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 admissibility of uncharged acts depends upon three principal factors: (1) the materiality of the fact sought to be proved or disproved; (2) the tendency of the uncharged crime to prove or disprove the material fact; and (3) the existence of any rule or policy requiring the exclusion of relevant evidence.' Paul's son Gunner testified that when Paul was young, he rewired the light switch in his bedroom so he could turn off the light from his bed, but if a person did not flip the switch in a particular way, he or she would be shocked. The settlement also included about $44,800 in worker's compensation payments. (People v. Morris (1988) 46 Cal.3d 1, 21.). 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. In December 2016, a Colusa County judge approved a wrongful death lawsuit filed in 2013 by Ayalas family against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. Published: Jun 17, 2016 Total records: 5,262. December: On December 6 Paul's house was searched. He stressed that Peter's history of acting out with physical force, coupled with his hatred for Roberto and his lifelong ambition to work his grandfather's farm, constitutes overwhelming evidence that Peter was the murderer. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. He could not retrieve his father's cell phone because his father was on fire. Eight stamps were attached for postage. On July 12, 2011, Peter had texted Paul that he had been landscaping for 21 years, needed to get out, wanted to farm, was trying to get people to talk to Roger, and hoped that Paul would talk to Roger to help him get started farming. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. Two-inch gallon pipe and quart of gasoline in plastic bottle. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. The day before the bombing, Peter wrote that an old friend, Bea, had told him she hated his father and [s]o I think the world of Bea.. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. He ran for about two miles to get help. But 12 jurors of Paul's peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala and we must respect their verdict. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. 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. ADVICE: Are North Americans wimps when it comes to pain tolerance? . 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. Elena Paul & Kurt Richter Jv * Colusa, CA 95932: $1,211,092 * USDA data are not "transparent" for many payments made to recipients through most cooperatives. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. All rights reserved. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems.