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However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. Please try again. Moore is the owner of the Moore Brothers Farm. 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. November: By November the investigation had targeted Paul. The investigators did not desire to have personal contact with Paul at the time, so when he saw them driving by his house, the investigators drove away from the area. 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. 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 thought he was safe in the States. If the verdict is supported by substantial evidence, we must defer to the trier of fact; yet a verdict cannot be sustained based on suspicion alone, or on imagination, speculation, supposition, surmise, conjecture, or guess work.' According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. 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. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. We must accept its determination. 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. 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. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. He is also survived by his brother, Roger Moore. I got name, age, vehicle description, plate number and location. The wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. 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. Most significantly, they shared their animosity toward Roberto Ayala. 107 5th Street, Colusa, CA 95932 Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. During tomato harvest, he wrote, he drove the shitty tractor, but pussy Peter was allowed to drive the tractor with an air-conditioned cab because otherwise Peter was a prick to work with. Employees, including Roberto Ayala and Roberto's brother Eduardo, were given liberties he was not, such as drinking on the job, taking farm vehicles and equipment for personal use, and getting paid during the winter. 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. And we do not accept the proposition that a document that was either written or transferred a mere year and a half before the blast was too remote in time. 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. A state appeals court this week upheld Paul Moore's murder conviction. 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. And Roberto Ayala, in particular, was the target of his wrath. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. 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. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. (People v. Morris (1988) 46 Cal.3d 1, 21.). He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. Paul objects to the prosecutor's use of a DNA analogy. First three fuses, the device had dual triggers and detonators. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. This information was not disclosed to the public. Motive is one of the elements the defense argued most vehemently. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. 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 was born January 23, 1935, in Turner . Robert John Vierra. Moreover, he was aware of the 19 years Roberto had dedicated to the Moore brothers' farm and had watched at a distance as Roberto ascended to the position he coveted. His son heard a loud explosion and saw his father on fire. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. Express your opinion! Paul was afforded a fair trial. CR53504) On August 17 Paul went to the police station voluntarily. Roger made two police reports based on Peter's threats to physically assault him. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. On appeal, Paul challenges the court's denial of her request. McNary-Moore Funeral Service in Colusa, CA. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. We find no merit in Paul's objection to the admissibility of his own life story. He was responsible for regulating the water levels on the rice fields. Eschewing the old formulation characterizing a prosecutor's behavior as misconduct and urging us to consider the more forgiving label of prosecutorial error, the Attorney General defends the prosecutor's rebuttal argument and insists the court did not err by foreclosing the defense from making a surrebuttal argument as requested. 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. 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. Again, the limited scope of appellate review presents an insurmountable obstacle. They will find him. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Peter had difficulty with reading comprehension. Simply put, the jury concluded beyond a reasonable doubt that based on this evidence, Paul was guilty of first degree murder. The potential prejudice of admitting the evidence was slight. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. Paul Moore, a family friend of Ayalas, was found guilty of setting the explosive device that killed Ayala after he turned on an irrigation pump at a rice field at the Moore Brothers farm. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. (a). Rain. He did not like Roger and Roger did not like him. Cemetery Records. By Harold Kruger But Peter's situation was far different. Location and meter number for panel. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A Sacramento County jury found him guilty on Aug. 23. 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. Roberto Ayala was killed by a victim-triggered bomb when he. Rogers exact whereabouts as of 2020 remain unknown. 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. Diane Nichols, under appointment by . Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. 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. You have permission to edit this article. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. He lived with his parents and. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. As soon as that door starts to open, that washer is free. I received another package via USPS, target two, I will not take this job because the info I received is wrong. The forensic testimony provided the most compelling evidence against Paul. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. (b).) 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. . Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. 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,. Sorry, there are no recent results for popular commented articles. God [sic] luck. The attorney said he didn't take a fee to represent the Ayalas. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . 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. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. His reputation in the community would make Peter the more likely suspect than Paul. 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. Like the first letter, the text of the second was made with a label maker and photocopied. In 2019, the board of supervisors of Colusa met. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. Published: Jun 17, 2016 Total records: 5,262. 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. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. He could not retrieve his father's cell phone because his father was on fire. Becoming windy late. Copyright 2023, Thomson Reuters. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. The bolts were just like the bolt discovered at the scene of the explosion. Sorry, there are no recent results for popular videos. Clearly the jury was aware of which witnesses had been called by which side, and such a statement could not reasonably mislead any juror on that point.. Rainfall near a quarter of an inch. He showed them copies of text messages he had received from Peter in which Peter expressed his displeasure with the condition of the fields and suggested the field manager (Roberto Ayala) should be fired. Information is scarce, especially since Moore does not seem to have any social media presence. The admission of the evidence was not only fair but essential in assuring the jury understood the depth of how aggrieved Paul felt and that Roberto was a major source of his humiliation and disappointment. 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. 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. 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. (People v. Kipp (1998) 18 Cal.4th 349, 369. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) History. Many years before the explosion, he set up two duck blinds in a field on the farm. The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. Search by Name, Phone, Address, or Email. "We've waited 25. We conclude the trial court did not abuse its discretion by calculating the minimal risk of prejudice and finding the probative value was sufficient to justify the admission of the evidence. 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. Paul states repeatedly that he did not threaten Roberto Ayala in the entire document as if the document were irrelevant simply because he did not threaten to physically assault 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. Periods of rain. 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. 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. Paul's animosity toward Roberto and his feelings of humiliation and resentment were simmering for years, and who better to express his feelings, and inferentially his motive, to the jury than Paul himself? On July 16, 2011, he was killed in front of his son. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. Because the My Life document was highly probative, it is not surprising or improper that the prosecutor quoted it in the opening of his rebuttal argument. 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. 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. They asked for the testimony of only one witness to be reread to them. We know that his farm has rice fields and walnut orchards. The case is a classic whodunit. 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.