Moore was cuffed and booked at the Colusa County Jail at the age of 47. We conclude the risk was very low. "That's why I took the case.". We agree. 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. But it is the jury's prerogative, not ours, to weigh the evidence. #Dateline tonight at 9/8c. Cloudflare Ray ID: 7a2e78bba8bccfb8 ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. Fill out this form to submit a Letter to the Editor. 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. Motive is one of the elements the defense argued most vehemently. Evidence Code section 352 provides the framework: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. In other words, the trial court is accorded considerable discretion to carefully balance the competing interests in admitting probative evidence and in excluding evidence that unfairly prejudices a defendant, and an appellate court will overturn the exercise of discretion only when the trial court's assessment appears to exceed the bounds of reason. Name, age, vehicle I.D. The defense argued that Peter had been present at the scene of the explosion. Moore is the owner of the Moore Brothers Farm. There was no undue consumption of time since Paul's ex-father-in-law explained what he knew about Paul's involvement in creating an explosion in a paragraph or two. He thought the police were there to search for medical marijuana he was growing. Their investigation focused on whether the explosion was an accident. All of these considerations could factor into the trial court's delicate weighing process. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. Third Appellate District (Colusa) (Super. Roberto was not an impediment to his ambitions. Little Fabian ran through the sunflower fields, as far as he could, to get help for his father More Friday at 9/8c with @Dateline_Keith. And Roberto Ayala, in particular, was the target of his wrath. Paul, not Peter, used abbreviations such as u and 4 in his text messages. The next guy might not catch the error in info and the wrong person will die. Powered by WordPress.com VIP. Furthermore, the trial brought to light that Rogers enterprise had several vehicles and machinery, which employees like Roberto were allowed to take for personal use. We find no merit in Paul's objection to the admissibility of his own life story. He remained so bitter toward his father he begged his grandmother to disinherit him. He ran to help him, but his father was unresponsive. 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 bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. Stay up-to-date with how the law affects your life. Paul then drove to the farm shop. They seized this sheet but not the sheets of paper below it. The prosecution called a litany of forensic experts connecting Paul to the sheet of paper with the indentations of the bomb diagram, the paper in the printer to the paper used in the diagram of the bomb, the ink in the copier to the ink used on the second letter and the diagram, the type of labels used in the letters and diagram to the type Paul used on his own files, and the fishing line found in his boat to the type of fishing line used in the bomb. Eight stamps were attached for postage. 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. In describing his life, he pondered what he had done to be treated so poorly by his own family. PAUL ROGER MOORE, Defendant and Appellant. On that same day, Paul cast aspersions on Peter. They want the brother, but it is now driven by some young guy, or do they want the young guy? He did not like Roger and Roger did not like him. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. He learned that a bell rang every time a verdict was made. 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. I will come peacefully or detonate all the devices.. Winds S at 20 to 30 mph. Are you concerned about the rising tensions with North Korea? (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) Peter testified it had been 20 days since he had been at the location where the bomb had gone off. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. Moore was convicted of killing Roberto Ayala. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. Simply put, the jury concluded beyond a reasonable doubt that based on this evidence, Paul was guilty of first degree murder. 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. 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. The first responders believed Roberto's truck had been moved because the broken glass was located about 11 feet away and a piece of glass was in the rear tire tread. ADVICE: Are North Americans wimps when it comes to pain tolerance? Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. Sorry, there are no recent results for popular videos. He ran for about two miles to get help. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. Paul maintains the prosecutor's comparison to DNA analysis imputed an accuracy to the paper and ink analysis that was not in evidence, and therefore it was error to allow the prosecutor to argue the ink, paper, and labels were matches. We agree with the trial court that the argument was permissible as a mere example or analogy. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. hkruger@appealdemocrat.com. If u come 4 me, call first. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . 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. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. Location and meter number for panel. Both suffered physically. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. 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. The two felt Roberto received more respect than them. Peter had his stomach removed and lost almost 50 pounds. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. We agree with the trial court that the document was therefore relevant to prove motive. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. 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. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. Tucker reported the incident to the sheriff and to Roger. C075231. Why am I helping u? More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. 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? According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Nor do we find the prosecutor's equally innocuous statement that there is no such thing as a prosecution witness another example of prosecutorial error. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Obituaries from McNary-Moore Funeral Service in Colusa, California. Trig one, vibration activated. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. 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. The delivery and return addresses were printed label strips made with a label maker. This is why I refused this job, but the next guy might kill both to ensure payment. Published: Jun 17, 2016 Total records: 5,262. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. "Paul was afforded a fair. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. 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. The outside square of the diagram is the electrical box that we've described.. Low 41F. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. The trial court cannot be said to have abused its discretion by admitting highly relevant evidence when the only prejudice is the fact the story Paul himself told was a damaging one. A 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. Recipients of payments . 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.. Moore Brothers * Grimes, CA 95950: $1,366,301: 86: J & S Farms * Colusa, CA 95932: $1,338,492: 87: . Roberto Ayala was killed by a victim-triggered bomb when he. 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 Moore, a family friend of Ayala's, 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.. Fill out this form to submit a Letter to the Editor. Sorry, there are no recent results for popular commented articles. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Peter testified he was going to physically beat up Roberto. Rice Subsidies in Colusa County, California, 1995-2020 . 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. The writing is comprised in a similar fashion as the letters themselves. In other words, Martin believed Peter's bark is much bigger than his bite. Martin had never seen Peter actually engage in any sort of violence. On November 24 they noticed the device was not working and they went to Paul's house to investigate. Colusa Cemetery District grounds was established as a cemetery in 1873. 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. 497, 508.) (Evid. By Harold Kruger On October 3 investigators also found spikes down a private farm road. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. Peter loved to shoot ducks. But apparently they had little difficulty reaching their verdict. SACRAMENTO, Calif. - Paul Moore was convicted in state court announced Colusa County District Attorney John R. Poyner, Colusa County Sheriff Scott D. Marshall, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), San Francisco Field Division Special Agent in Charge Joseph M. Riehl. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. From 1995-2014, they received grants worth $2.1 million. 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. "Do I think Paul did this? 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. 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. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. BLEASE, J. You can email the site owner to let them know you were blocked. 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. 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.. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. 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. 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. 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. We have carefully evaluated the quantum and sufficiency of the evidence that it was Paul who murdered Roberto in the context of the whole record, and we have examined each of the pieces of evidence he contends proves that it was Peter who designed, built, and planted the victim-activated explosive device. I finally found the Ford, and now it is driven by some young guy, not the brother. 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. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. White Ford, same plate number. I got name, age, vehicle description, plate number and location. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Paul Roger Moore, 49, is facing life in prison with no chance of parole after his first-degree murder conviction with the special-circumstance allegation that he killed Roberto Ayala, 43, by planting. 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. 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.. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. As they were driving, they noticed Paul's truck behind them. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. 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. 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.. 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. Paul was eventually arrested for the murder of Roberto Ayala. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. 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. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. 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. In 2019, the board of supervisors of Colusa met. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. Becoming windy overnight. 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. He said Paul Moore is the "sole inheritor of the Moore family fortune." This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. 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. You have permission to edit this article. Roger made two police reports based on Peter's threats to physically assault him. From this evidence, the jury could reasonably infer that Paul had both the aptitude and unique skill set needed to build the type of explosive device that killed Roberto Ayala. 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. As a result, Roger had the duck blinds removed. 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. 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.
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