paul roger moore colusa ca

As a child he rigged his light switch; as a father he taught his son how to hardwire his car; as a farmer he designed a mud chisel, rice rollers, and a fertilizer aqua bar. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. 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. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. And he drove his ATV over the field with his friend Blane Martin on a regular basis. Paul told investigators that his electrical experience was limited to fixing an electrical outlet and that he had no experience working on the pump control panels. The writing is comprised in a similar fashion as the letters themselves. He ran for about two miles to get help. 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. 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. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. Rainfall near a quarter of an inch. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. Winds S at 20 to 30 mph. Roberto Ayala was killed by a victim-triggered bomb when he. Would love your thoughts, please comment. The vehicle, a 2006 Ford F-250, will be sold, he said. California v. Moore :: 2016 :: California Courts of Appeal Decisions Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) Paul appears to have suffered more quietly than his cousin. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. 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. Peter had his stomach removed and lost almost 50 pounds. 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. Moore was cuffed and booked at the Colusa County Jail at the age of 47. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Express your opinion! Whether we conclude that despite our reservation the trial court did not abuse its discretion or that, even if there was an abuse of discretion, the failure to allow surrebuttal was harmless beyond a reasonable doubt, our rationale is essentially the same. His body was still burning when the firefighters arrived. The police officers confiscated a laptop computer, a combined printer-copier, a partial roll of stamps similar to those used on the second letter sent to the sheriff, an unopened label maker, file folders that had been marked with labels created with a label maker, and manila envelopes similar to the one used for the first letter. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. 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. 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. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. Therefore, the evidence shows a knowledge of, and experience with, electric devices under [Evidence Code section] 1101[, subdivision] (b) and should be admitted., Paul emphasizes that his ex-father-in-law offered the only evidence about the wiretapping and his testimony was simply that Paul put some kind of a recorder or a similar device underneath her modular home where he could, from time to time, monitor what the conversations were. Paul argues, therefore, there is no evidence that installing a wiretapping device demonstrated any particular knowledge about electrical circuitry or working with complex electrical devices. 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. He assumed Peter was trying to get him fired. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. Paul Moore murder conviction upheld | Colusa Sun Herald | appeal In The Court of Appeal of the State of California. 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 two felt Roberto received more respect than them. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Paul told the investigators that Peter had been around the explosion site one day before the explosion. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. Family of Colusa bombing victim awarded $20M judgment Later, as a father, Paul taught Gunner how to hard-wire electronics to his car battery so he would not have to use the cigarette lighter to power the electronics in his car. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. Again, the limited scope of appellate review presents an insurmountable obstacle. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. He was fired as the director of a duck club because he offended some of the members. 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. Winds S at 20 to 30 mph. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. Rain. Dateline: Paul Moore's Cousin Peter Had Stomach Removed - 2paragraphs The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. This was my first and final job. Peter testified he was going to physically beat up Roberto. Roger Hickel Obituary (1935-2011) - Colusa, CA - Colusa Sun-Herald The next guy might not catch the error in info and the wrong person will die. This is why I refused this job, but the next guy might kill both to ensure payment. We must accept its determination. I received another package via USPS, target two, I will not take this job because the info I received is wrong. The court summarized what it perceived was a two-part argument: first, that Paul had no part in the killing and had no motive to kill Roberto because everything was rosy for him at the farm and he had worked his way into a happy partnership with his father; but second, his cousin Peter, who was bitter and estranged from the farm he loved, was a plausible bomb builder because he was capable of constructing the simple explosive device in question, particularly with the assistance of the YouTube video found on his computer. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. 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. 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? Copyright 2023, Thomson Reuters. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. Becoming windy late. They asked for the testimony of only one witness to be reread to them. Ultimately, the Ayala family was awarded $20 million. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. 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. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. 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. 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. 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. All of these considerations could factor into the trial court's delicate weighing process. 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. 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. 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. 3 Crim. He thereafter refused to come back for any additional interviews. August: On August 11 the investigators were informed that the chemical testing of the fragments from the explosion indicated the presence of nitroglycerine, a chemical used in explosives. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. 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. It will be reassigned in five weeks. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. The potential prejudice of admitting the evidence was slight. 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. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. 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. 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. One of Pauls complaints was that Peter got an air-conditioned cab, while he drove the tractor, simply because he was unbearable to work with, otherwise. 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. Higher wind gusts possible. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). 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. He felt mistreated by everyone, including Peter. Most significantly, Peter broadcast his contempt for Roberto. 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. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. We cannot say the trial court abused its discretion by admitting evidence of a pattern of fascination and aptitude with building things, some requiring electrical aptitude and some that did not. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. Colusa CA 95932. 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. God [sic] luck. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. David Moore (Larry), 78 - Grimes, CA Public Reputation Profile at On October 3 investigators also found spikes down a private farm road. 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. Believe me and have time to do something to help these guys.. 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. 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. They seized this sheet but not the sheets of paper below it. Lynette Marie Clark. He needs to be careful. "The bells of justice have finally rung for us," Ayala said. January 28, 2023 (85 years old) View obituary. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. War breaks out over Roger Moore fortune between widow's son and the Records published here were acquired from Colusa . Paul Moore of Grimes,. The letter read: I am responsible for the panel explosion. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. 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. EWG Farm Subsidy Database || Farm subsidies in Colusa County, California 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. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. He took on additional responsibilities as his back healed, and by July 2011 Roger had decided to bring on Paul as a 50 percent partner of his half of the farm operation. 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. 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. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. As they were driving, they noticed Paul's truck behind them. Many years before the explosion, he set up two duck blinds in a field on the farm. 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. Sorry, there are no recent results for popular commented articles. 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. It's a very rapid event. David Moore's birthday is 01/17/1944 and is 78 years old. The money is good. Im going to get that F*****.. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Ct. No. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. On August 15 the investigators received a second letter and a diagram of a bomb. Please Pray For The Repose Of The Soul, Still Interviewing Other Candidates Bad Sign, Reef Sandals Size Up Or Down, Lake Lewisville Water Temperature, Articles P

As a child he rigged his light switch; as a father he taught his son how to hardwire his car; as a farmer he designed a mud chisel, rice rollers, and a fertilizer aqua bar. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. 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. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. And he drove his ATV over the field with his friend Blane Martin on a regular basis. Paul told investigators that his electrical experience was limited to fixing an electrical outlet and that he had no experience working on the pump control panels. The writing is comprised in a similar fashion as the letters themselves. He ran for about two miles to get help. 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. 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. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. Rainfall near a quarter of an inch. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. Winds S at 20 to 30 mph. Roberto Ayala was killed by a victim-triggered bomb when he. Would love your thoughts, please comment. The vehicle, a 2006 Ford F-250, will be sold, he said. California v. Moore :: 2016 :: California Courts of Appeal Decisions Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) Paul appears to have suffered more quietly than his cousin. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. 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. Peter had his stomach removed and lost almost 50 pounds. 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. Moore was cuffed and booked at the Colusa County Jail at the age of 47. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Express your opinion! Whether we conclude that despite our reservation the trial court did not abuse its discretion or that, even if there was an abuse of discretion, the failure to allow surrebuttal was harmless beyond a reasonable doubt, our rationale is essentially the same. His body was still burning when the firefighters arrived. The police officers confiscated a laptop computer, a combined printer-copier, a partial roll of stamps similar to those used on the second letter sent to the sheriff, an unopened label maker, file folders that had been marked with labels created with a label maker, and manila envelopes similar to the one used for the first letter. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. 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. 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. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. Therefore, the evidence shows a knowledge of, and experience with, electric devices under [Evidence Code section] 1101[, subdivision] (b) and should be admitted., Paul emphasizes that his ex-father-in-law offered the only evidence about the wiretapping and his testimony was simply that Paul put some kind of a recorder or a similar device underneath her modular home where he could, from time to time, monitor what the conversations were. Paul argues, therefore, there is no evidence that installing a wiretapping device demonstrated any particular knowledge about electrical circuitry or working with complex electrical devices. 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. He assumed Peter was trying to get him fired. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. Paul Moore murder conviction upheld | Colusa Sun Herald | appeal In The Court of Appeal of the State of California. 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 two felt Roberto received more respect than them. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Paul told the investigators that Peter had been around the explosion site one day before the explosion. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. Family of Colusa bombing victim awarded $20M judgment Later, as a father, Paul taught Gunner how to hard-wire electronics to his car battery so he would not have to use the cigarette lighter to power the electronics in his car. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. Again, the limited scope of appellate review presents an insurmountable obstacle. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. He was fired as the director of a duck club because he offended some of the members. 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. Winds S at 20 to 30 mph. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. Rain. Dateline: Paul Moore's Cousin Peter Had Stomach Removed - 2paragraphs The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. This was my first and final job. Peter testified he was going to physically beat up Roberto. Roger Hickel Obituary (1935-2011) - Colusa, CA - Colusa Sun-Herald The next guy might not catch the error in info and the wrong person will die. This is why I refused this job, but the next guy might kill both to ensure payment. We must accept its determination. I received another package via USPS, target two, I will not take this job because the info I received is wrong. The court summarized what it perceived was a two-part argument: first, that Paul had no part in the killing and had no motive to kill Roberto because everything was rosy for him at the farm and he had worked his way into a happy partnership with his father; but second, his cousin Peter, who was bitter and estranged from the farm he loved, was a plausible bomb builder because he was capable of constructing the simple explosive device in question, particularly with the assistance of the YouTube video found on his computer. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. 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. 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? Copyright 2023, Thomson Reuters. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. Becoming windy late. They asked for the testimony of only one witness to be reread to them. Ultimately, the Ayala family was awarded $20 million. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. 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. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. 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. 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. 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. All of these considerations could factor into the trial court's delicate weighing process. 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. 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. 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. 3 Crim. He thereafter refused to come back for any additional interviews. August: On August 11 the investigators were informed that the chemical testing of the fragments from the explosion indicated the presence of nitroglycerine, a chemical used in explosives. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. 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. It will be reassigned in five weeks. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. The potential prejudice of admitting the evidence was slight. 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. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. 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. 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. One of Pauls complaints was that Peter got an air-conditioned cab, while he drove the tractor, simply because he was unbearable to work with, otherwise. 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. Higher wind gusts possible. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). 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. He felt mistreated by everyone, including Peter. Most significantly, Peter broadcast his contempt for Roberto. 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. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. We cannot say the trial court abused its discretion by admitting evidence of a pattern of fascination and aptitude with building things, some requiring electrical aptitude and some that did not. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. Colusa CA 95932. 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. God [sic] luck. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. David Moore (Larry), 78 - Grimes, CA Public Reputation Profile at On October 3 investigators also found spikes down a private farm road. 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. Believe me and have time to do something to help these guys.. 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. 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. They seized this sheet but not the sheets of paper below it. Lynette Marie Clark. He needs to be careful. "The bells of justice have finally rung for us," Ayala said. January 28, 2023 (85 years old) View obituary. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. War breaks out over Roger Moore fortune between widow's son and the Records published here were acquired from Colusa . Paul Moore of Grimes,. The letter read: I am responsible for the panel explosion. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. 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. EWG Farm Subsidy Database || Farm subsidies in Colusa County, California 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. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. He took on additional responsibilities as his back healed, and by July 2011 Roger had decided to bring on Paul as a 50 percent partner of his half of the farm operation. 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. 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. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. As they were driving, they noticed Paul's truck behind them. Many years before the explosion, he set up two duck blinds in a field on the farm. 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. Sorry, there are no recent results for popular commented articles. 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. It's a very rapid event. David Moore's birthday is 01/17/1944 and is 78 years old. The money is good. Im going to get that F*****.. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Ct. No. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. On August 15 the investigators received a second letter and a diagram of a bomb.

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paul roger moore colusa ca