Peter had his stomach removed and lost almost 50 pounds. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. 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. Becoming windy late. 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. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. It's a very rapid event. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. Virginia Carmen Ortiz. My house and property are protected, larger devices. We are not at liberty to reweigh evidence or revisit credibility issues. The wiretapping occurred in 1995 or 1996. We conclude the risk was very low. In The Court of Appeal of the State of California. On that same day, Paul cast aspersions on Peter. 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. Gene attended Colusa High School and . 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. The evidence is all circumstantial. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. 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. 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. Higher wind gusts possible.. 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. He explained that the indented sheet appeared to have been placed beneath the document that was actually written even though some of the lines did not align perfectly. ), Nevertheless, the Legislature also recognized that some otherwise inadmissible character evidence should be considered by a jury because it is relevant to prove identity, intent, or knowledge. 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. 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. Two-inch gallon pipe and quart of gasoline in plastic bottle. But Peter's situation was far different. He was responsible for regulating the water levels on the rice fields. 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. 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. On appeal, Paul challenges the court's denial of her request. Gus was . There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. On October 3 investigators also found spikes down a private farm road. As an adult, he became a football coach but was fired for his aggressiveness toward a student. 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. Our sole duty, as we wrote at the outset, is only to insure that there is substantial evidence to support the verdict this jury reached. Name, age, vehicle I.D. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. As soon as that door starts to open, that washer is free. 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. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. 3 Crim. The prosecution argued that Paul was attempting to taunt the police. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. They want the brother, but it is now driven by some young guy, or do they want the young guy? After a career of killing, I want to save a life before I take my life. He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. 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. Most significantly, they shared their animosity toward Roberto Ayala. Moore is the owner of the Moore Brothers Farm. 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. 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 claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. 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. Lynette Marie Clark. Many years before the explosion, he set up two duck blinds in a field on the farm. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . Records published here were acquired from Colusa . Sorry, there are no recent results for popular videos. Paul argues the trial court abused its discretion by admitting evidence he had wiretapped his ex-wife's telephone during divorce proceedings 15 years earlier and had made oxygen acetylene bombs 20 years earlier. I finally found the Ford, and now it is driven by some young guy, not the brother. The letter read: I am responsible for the panel explosion. Paul then drove to the farm shop. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. 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. The email address cannot be subscribed. NICHOLSON, J. . Motive is one of the elements the defense argued most vehemently. He remained so bitter toward his father he begged his grandmother to disinherit him. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. Becoming windy late. Cloudflare Ray ID: 7a2e78bba8bccfb8 I got name, age, vehicle description, plate number and location. His trial lawyer provided excellent representation and advocacy. Roberto was not an impediment to his ambitions. 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. He said Paul Moore is the "sole inheritor of the Moore family fortune." She thereafter requested the opportunity to offer a surrebuttal. In those instances, a defendant's prior bad acts are admissible. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. 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. 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. Higher wind gusts possible. Thus it was relevant and probative of his knowledge of creating explosions. 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. Periods of rain. 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. February 7, 2023 (78 years old) View obituary. Sorry, there are no recent results for popular commented articles. While there is no evidence that he actually had been disinherited, Peter believed he had and that Roberto would be the recipient of his share of the farm. 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. BLEASE, J. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. Clearly, over the years he earned the trust and respect of Roger and Gus. The bolts were just like the bolt discovered at the scene of the explosion. 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. 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. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. The attorney said he didn't take a fee to represent the Ayalas. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. Winds S at 20 to 30 mph. We will not repeat what we have already said about the prosecutor's references to either the wiretapping or the My Life document but will examine Paul's other allegations of prosecutorial error. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. The essence of Paul's argument is that the wiretap had minimal probative value because of the lack of evidence as to the quantum of knowledge necessary to build the bomb that killed Roberto. When asked if his temper had caused problems for him in the community, he testified, I'm not the easiest guy to get along with. By his own account, his father not only physically abused him, but from the time he was eight or nine years old made him fight with other boys to resolve their conflicts. Paul was eventually arrested for the murder of Roberto Ayala. Peter loved to shoot ducks. He was born January 23, 1935, in Turner . Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Peter was intimately familiar with the field where Roberto was blown up. The indented sheet had his fingerprints all over it, the paper matched paper from his house, the ink matched ink in the printer from his house, the labels matched his labels, and the fishing line attached to the bolt matched fishing line from his boat. In the second message, Peter said he had worked for 21 years so he could have a chance to farm; that he wanted his grandfather's farm to stay in the family, but his father had disinherited him; that he and Roger were now screwed and he was not going to get a chance to farm; that he had never had a father except biologically; that his father was a douchebag and had never given him a penny; that Roger could not see the Ayala boys over there ripping [him] off blind; and that Roberto had his kid driving the harvester. This information was not disclosed to the public. Fill out this form to submit a Letter to the Editor. 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. C075231. On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. (CALCRIM No. Express your opinion! Previously driven by target one. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. 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. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. The settlement also included about $44,800 in worker's compensation payments. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. They found threaded pipe nipple, end caps in the form of reducers and plugs, other end caps, washers, nuts, multicolored wire, and seven-inch bolts. On August 15 the investigators received a second letter and a diagram of a bomb. As they were driving, they noticed Paul's truck behind them. Rain. Location and meter number for panel. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. Powered by. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. That explosion occurred in about 1991. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. On July 16, 2011, he was killed in front of his son. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. 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 vehicle, a 2006 Ford F-250, will be sold, he said. They gave me two months 4 this job. 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. ADVICE: Are North Americans wimps when it comes to pain tolerance? I will come peacefully or detonate all the devices.. 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. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. He dropped his clippings from his landscape business 40 yards from the pump. 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. He has endangered others in his family. Recipients of payments . His body was still burning when the firefighters arrived. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. 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. The target is brother of target one and drives Chevy. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. 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. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. He thought he was safe in the States. 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. 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. Expert in Vietnam devices. They now want the white Ford F-250 hit. 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.. On November 24 they noticed the device was not working and they went to Paul's house to investigate. 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. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. 107 5th St, Colusa, CA. Express your opinion! There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. He threatened to beat [his] dad's ass on multiple occasions. Information is scarce, especially since Moore does not seem to have any social media presence. You can email the site owner to let them know you were blocked. Peter testified he was going to physically beat up Roberto. Offer condolences/tributes, send flowers or create an online memorial for free. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. provides funeral home, burial, veteran,. "Paul was afforded a fair. 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. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. Ayala was killed in an explosion in 2013. In addition, he had a violent disposition and leveled threats to harm not only Roberto, but his father, his uncle, and many others who upset him. 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.. We concur with the trial court's analysis that [t]his comment can, in the context of a case where the prosecution presented dozens of witnesses over several weeks, only fairly be understood as a comment that witnesses can be called by either side. On August 22 the investigators searched the farm shop with Roger's permission. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) Trig one, vibration activated. 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. He was fired as the director of a duck club because he offended some of the members. First three fuses, the device had dual triggers and detonators. The potential prejudice of admitting the evidence was slight. 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. Moore was cuffed and booked at the Colusa County Jail at the age of 47. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. 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.' 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. We agree with the trial court. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. They asked for the testimony of only one witness to be reread to them. His reputation in the community would make Peter the more likely suspect than Paul. and plate number. Peter was so angry he left a voice mail message for Tucker, threatening that he was going to rip his head off and piss down his throat or shit down [his] neck. Peter testified that he did not intend to literally rip off Tucker's head, but he did want to engage in a fistfight. "The bells of justice have finally rung for us," Ayala said. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm.
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