On October 3 investigators also found spikes down a private farm road. War breaks out over Roger Moore fortune between widow's son and the (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) 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. He thought the police were there to search for medical marijuana he was growing. His trial lawyer provided excellent representation and advocacy. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. Periods of rain. The bomb is set off.. Expert in Vietnam devices. He had not been allowed to work on the farm for over 21 years. 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. 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? Whether or not there is some authority to support the questionable proposition that a prosecutor's rebuttal is limited by the scope of the facts and evidence argued in the defendant's closing argument, the prosecutor did not introduce evidence outside the record or float a completely new theory of guilt. And second, we will test the substantiality of that evidence in light of the entire record, that is to say, in light of the compelling circumstantial evidence that Peter, not Paul, blew up Roberto Ayala. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. 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. I received info and instructions via USPS. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. Winds S at 20 to 30 mph. First three fuses, the device had dual triggers and detonators. Paul complained that Roberto was accorded special privileges, such as keeping sheep and goats by the farm workshop, drinking beer while working or after work, and driving company vehicles home. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. "My sister-in-law is friends with the family," he said. We know that his farm has rice fields and walnut orchards. Peter had difficulty with reading comprehension. 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. He contends the evidence was too remote, was not probative of his knowledge of electrical circuitry or constructing sophisticated bombs, and was substantially more prejudicial than probative. He remained so bitter toward his father he begged his grandmother to disinherit him. 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.' Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. 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. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. 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. Clearly, they both had hoped to assume managerial positions on the farm. The wiretapping occurred in 1995 or 1996. 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. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. 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. 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.. His trial lawyer provided excellent representation and advocacy. The boy witnessed the explosion that killed his father. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. 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. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. 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. The investigators did not believe that a Mexican gang was involved in the explosion because gangs typically advertise their involvement rather than hide it, to incite fear and command respect. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. 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. Colusa Obituaries - Latest Obituaries in Colusa, CA - Echovita Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. He had been angry and upset with the Moore family since he was 12 years old. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) 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. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. 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. 107 5th St, Colusa, CA. As an example, he referred to DNA experts who do not say something is a positive match or is definitely someone's DNA but who give possibilities larger than the number of people who ever lived on earth. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. He assumed Peter was trying to get him fired. 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. Paul Roger Moore was found guilty - Colusa Sun-Herald | Facebook Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. 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. On appeal, Paul challenges the court's denial of her request. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. 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. He felt mistreated by everyone, including Peter. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. To understand if, why, and how Paul would have blown up Roberto, the prosecution attempted to tell the painful story of the men of the Moore family farm and their tortured relationships. Rainfall near a quarter of an inch. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. Information is scarce, especially since Moore does not seem to have any social media presence. 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.. Bomb victim's family awarded $20M | Colusa Sun Herald - Appeal-Democrat The fact that the document described the history of the family only added to its probative value. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. Three days later, they received another letter containing a diagram of the device. Paul is Roger's son. He was the farm foreman. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. Find Dr. Moore's phone number, address, hospital affiliations and more. 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. 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.' Winds S at 20 to 30 mph. A Sacramento County jury found him guilty on Aug. 23. Paul was afforded a fair trial, the appeals court said at the time. He thereafter refused to come back for any additional interviews. Rice Subsidies in Colusa County, California, 1995-2020 . 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. 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. 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. And, of course, he was ostracized from the farm and estranged from his father. On top of that, Roger surely had the resources to ensure everyone was looked after. 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. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. On August 22 the investigators searched the farm shop with Roger's permission. He noted that in a stack of paper, indentations can appear five pages down. As they were driving, they noticed Paul's truck behind them. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) 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. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. Clearly, over the years he earned the trust and respect of Roger and Gus. This envelope had a postmark from Colusa. Considered in context, there is no danger the jurors were misled or that the document examiner's expert testimony was falsely elevated to the stature of DNA evidence. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. Fill out this form to submit a Letter to the Editor. Over defense objection, Paul's ex-father-in-law testified that Paul apologized to him for tapping his daughter's telephone when they were going through a divorce, putting some kind of recorder under her modular home so he could monitor conversations. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. Roberto Ayala's Murder: 5 Fast Facts You Need to Know 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. My Life: Paul maintains that the trial court abused its discretion by admitting the prosecution's evidence of a document extracted from Paul's computer entitled My Life because its probative value was outweighed by undue prejudice within the meaning of Evidence Code section 352. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. He was able, however, to install electrical sprinkler systems. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. After the trial in 2013, Moore appealed the decision in 2016. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. 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. Where is Paul Moore Today? - The Cinemaholic My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. IPeter or Paul: Substantial Evidence to Support the Verdict. We accept for purposes of this issue the trial court's characterization of the defense closing argument. Becoming windy overnight. Express your opinion! According to Case Law, Paul Moore regarded the Ayala brothers with animosity and said of Roberto, Those son-of-a-b******, they are trying to take over my life. Peter's house was searched a few days after the explosion. Paul then drove to the farm shop. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. Whoever is driving the Ford is very much in danger. I will come peacefully or detonate all the devices.. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. Your IP: Since he was seven, when his father was tragically killed, he is 16 years old now. Higher wind gusts possible. Rainfall near a quarter of an inch. In 2019, the board of supervisors of Colusa met. Again, the limited scope of appellate review presents an insurmountable obstacle. NICHOLSON, J. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. Location and meter number for panel. A defendant's writings have been admitted to prove motive over defense objection. 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. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. One of the investigators described the diagram of the bomb as follows: It's a diagram that has writing around the diagram and on the diagram. 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. Paul Moore is currently serving life in prison without the possibility of parole. 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. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. Man Convicted Of Killing Farmworker Using Explosive Device Connected To 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. 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.. This vehicle info is the same as the first job. Two-inch gallon pipe and quart of gasoline in plastic bottle. 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. 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. Neither cousin was happy with his place within the family hierarchy. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Gene attended Colusa High School and . and plate number. 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. They asked for the testimony of only one witness to be reread to them. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. 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. He was a boxer in high school. (People v. Davis (2009) 46 Cal.4th 539, 606.) THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. All rights reserved. Gus stood ready to arrest him for trespassing if he was found on the premises. Thus it was relevant and probative of his knowledge of creating explosions. In describing his life, he pondered what he had done to be treated so poorly by his own family. Dateline: Paul Moore's Cousin Peter Had Stomach Removed - 2paragraphs He faces life in prison without parole The target is brother of target one and drives Chevy. For the first time at trial, however, he testified he got into the truck and tried to drive it. 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. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. Cemetery Records. As soon as that door starts to open, that washer is free. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Although the trial was lengthy, they took less than a day to deliberate. He did not like Roger and Roger did not like him. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. In those instances, a defendant's prior bad acts are admissible. The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. 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. Chance of rain 100%. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. 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. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. 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. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. 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. 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,. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. McNary-Moore Funeral Service - Home - Facebook 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. 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. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. 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. As a result, Roger had the duck blinds removed. According to Gingery, the Moores receive millions in agricultural subsidies annually. Martin opined that Peter was not technically, with regard to electricity, or mechanically talented at all; rather, he was forgetful, had difficulty maintaining the tools he needed for his landscaping business, and suffered minor coordination problems. July 18: Two days after Roberto Ayala's death, Paul delivered to investigators a piece of metal he found in a canal near the explosion. We must accept its determination. C075231 (Super. (b).) Medicare vs. Medicare Advantage. Peter testified it had been 20 days since he had been at the location where the bomb had gone off.
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