The Legislature therefore has declared that evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion. (Evid. 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. "Do I think Paul did this? Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. Indeed, shortly before the explosion, Roberto had injured his shoulder and Peter declared that [w]hen his wing is better, he's all mine. He was upset that Roberto spent Father's Day with Gus and that they were together all the time. (People v. Davis (2009) 46 Cal.4th 539, 606.) Moore is the owner of the Moore Brothers Farm. 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. His trial lawyer provided excellent representation and advocacy. In short, he could not tell them apart. 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. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. The case is a classic whodunit. They want the brother, but it is now driven by some young guy, or do they want the young guy? 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. Whether wiretapping is relatively simple or exceedingly complex, it takes a certain degree of knowledge to tap into someone's phone line. He remained so bitter toward his father he begged his grandmother to disinherit him. The defense raised important questions and offered a more than plausible alternative theory, but those questions were answered by the jury and it rejected Paul's argument that Peter was the perpetrator. Paul returned to work on the farm a few years before the explosion. Rainfall around a quarter of an inch. Defense counsel argued the document should have been excluded because it was written at least 18 months before Roberto was killed and many of the events Paul described had occurred in his early childhood. "We've waited 25 months and. Peter testified that two months before the explosion, his father told Roberto that if Peter came on the farm, Roberto should have him arrested for trespassing. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. Most significantly, they shared their animosity toward Roberto Ayala. Half of the amount will go to. Search by Name, Phone, Address, or Email. Of Paul Moore, Poyner said, "the guy is evil. The prosecution need not, as we know, prove motive. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. (People v. Vereneseneckockockhoff (1900) 129 Cal. He was able, however, to install electrical sprinkler systems. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. 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. 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. They gave me two months 4 this job. Again, the limited scope of appellate review presents an insurmountable obstacle. THE PEOPLE v. PAUL ROGER MOORE (2016) | FindLaw 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. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Beyond the substance of the arguments, Paul contends the prosecutors sandbagged him by withholding the most powerful evidence until rebuttal and depriving him of the opportunity to answer that evidence. Peter testified he was not a trained welder, he was not talented when it came to anything mechanical, and the only electrical work he performed was the simple wiring of electrical sprinkler systems. 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. C075231. A Sacramento County jury found him guilty on Aug. 23. Rainfall around a quarter of an inch. Information is scarce, especially since Moore does not seem to have any social media presence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. There is no question, however, that the evidence was remote in time. Since I will not take this job, it will soon be reassigned. Peter had difficulty with reading comprehension. 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 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. The jury reasonably could have concluded that his conduct following the explosion was incriminatorymanufacturing spikes that were found in the road and taunting the police in a dramatic chase. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. 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. 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. 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. He could not retrieve his father's cell phone because his father was on fire. Where is Paul Moore Today? - The Cinemaholic Paul insists the limiting instruction could not cure the prejudice. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. In those instances, a defendant's prior bad acts are admissible. 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. This website is using a security service to protect itself from online attacks. Clearly, over the years he earned the trust and respect of Roger and Gus. Roberto Ayala's Murder: 5 Fast Facts You Need to Know 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. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. The bomb is set off.. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. Peter's house was searched a few days after the explosion. Trig one, vibration activated. I am over this life. "Paul was afforded a fair. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. What is Roger Moore's Net Worth? Sorry, there are no recent results for popular images. Peter threatened both his uncle and his father. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Express your opinion! Nevertheless, motive is relevant, and a strong motive provides powerful evidence. 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. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. The evidence is all circumstantial. 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. 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. 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 But it is the jurys prerogative, not ours, to weigh the evidence., They also stated that there was 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.. Rain. 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. Are you concerned about the rising tensions with North Korea? 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. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. 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. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. 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. Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. We have found no error at all, and therefore there are no errors to accumulate. We are not at liberty to second-guess the trial court's careful and reasoned assessment, and because we find there is no abuse of discretion, there was no error in admitting the evidence. Although none of the individual incidents when taken alone would have demonstrated the type of knowledge necessary to make and install a bomb in an electrical panel device, the jury was entitled to hear how cumulatively they were relevant to whether Paul had the requisite knowledge to install a victim-activated bomb. The investigators took possession of three computers and three cellular telephones. 3 Crim. His trial lawyer provided excellent representation and advocacy. Rogers exact whereabouts as of 2020 remain unknown. . February 7, 2023 (78 years old) View obituary. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. That explosion occurred in about 1991. 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. 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. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) The boy witnessed the explosion that killed his father. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. The actual printing on the diagram looks like somebody printed it on a label maker, affixed it to the paper and then ran it through a photocopier. Although the trial was lengthy, they took less than a day to deliberate. 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. 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. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. Peter loved to shoot ducks. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. His son heard a loud explosion and saw his father on fire. For the first time at trial, however, he testified he got into the truck and tried to drive it. and plate number. 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. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said last Wednesday. How Was Roberto Ayala Murdered? - The Cinemaholic Powered by WordPress.com VIP. Chance of rain 100%. Like the first letter, the text of the second was made with a label maker and photocopied. He said Paul Moore is the "sole inheritor of the Moore family fortune." Code, 1101, subd. Three days later, they received another letter containing a diagram of the device. He will rather seek life in prison without parole for Paul Moore. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. 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. While it might sound like a humble title, Roger is seemingly quite well off. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. 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. Colusa, CA. 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. 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. 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. 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. NICHOLSON, J. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Whoever is driving the Ford is very much in danger. 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 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. And, of course, he was ostracized from the farm and estranged from his father. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. 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. READ NEXT: Susan Susie Caseys Murder: 5 Fast Facts You Need to Know, Paul Moore, Roberto Ayalas Convicted Killer, is Serving Life in Prison, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. Their hopes had not materialized. Trig two, drop weight activated upon door opening. Defense counsel, anticipating the very strategy the prosecutors ultimately used, complained to the trial court that the first prosecutor offered only a short opening argument, whereas the second prosecutor had argued for over two hours when she once again objected to the sandbagging. Paul was afforded a fair trial. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. He had been angry and upset with the Moore family since he was 12 years old. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. provides funeral home, burial, veteran,. Paul Moore convicted in Colusa bombing death - Appeal-Democrat Dateline: Paul Moore's Cousin Peter Had Stomach Removed - 2paragraphs [Citation. After the trial in 2013, Moore appealed the decision in 2016. At the same time, their sons, Peter and Paul, respectively, hated Ayala. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. Their investigation focused on whether the explosion was an accident. Paul was afforded a fair trial, the appeals court said at the time. The prosecution argued that Paul was attempting to taunt the police. His body was still burning when the firefighters arrived. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. Peter testified he was going to physically beat up Roberto. 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.. The governing District was organized on July 16, 1923. Fill out this form to submit a Letter to the Editor. The potential prejudice of admitting the evidence was slight. (People v. Morris (1988) 46 Cal.3d 1, 21.). The two felt Roberto received more respect than them. 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. Would love your thoughts, please comment. Of course, the evidence was damaging, for it confirmed the prosecution's basic theory of the case, that a disappointed, angry, and envious man killed the foreman who threatened him most in his father's eyes. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. 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. The attorney said he didn't take a fee to represent the Ayalas. Sorry, there are no recent results for popular commented articles. As soon as that door starts to open, that washer is free. He needs to be careful. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. 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. David Moore (Larry), 78 - Grimes, CA Public Reputation Profile at 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. 107 5th St, Colusa, CA. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. Click to reveal Another expert will do this job. Periods of rain. 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. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. But the determinative question is whether the trial court abused its discretion by finding the risk of prejudice did not substantially outweigh whatever probative value the evidence had. The letter read: I am responsible for the panel explosion. 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. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. Chance of rain 100%. Peter had his stomach removed and lost almost 50 pounds. 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. 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. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. Eduardo Ayala, who still works on the Moore Bros. farm where his brother was killed, said that on the first day of court, he heard bells ringing in the halls. 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. Neither cousin was happy with his place within the family hierarchy. "We've waited 25. The money is good. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. We agree with the trial court. Paul, not Peter, used abbreviations such as u and 4 in his text messages. Copyright 2023, Thomson Reuters. Rice Subsidies in Colusa County, California, 1995-2020 . This is an argument defense counsel had the opportunity to effectively rebut in closing argument. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Whoever is driving that white F-250 is in great danger. And Roberto Ayala, in particular, was the target of his wrath. The action you just performed triggered the security solution. She also testified the labels on the envelopes sent to the sheriff were consistent with those on Paul's file folders, with the same type of polyester backing and the same type of acrylic-based adhesive. After a career of killing, I want to save a life before I take my life. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. 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. Installing a device inside such a panel is a highly dangerous activity. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. Published: Jun 17, 2016 Total records: 5,262. Paul then drove to the farm shop. He learned that a bell rang every time a verdict was made. Moore was cuffed and booked at the Colusa County Jail at the age of 47. 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. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter.

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