She thereafter requested the opportunity to offer a surrebuttal. He described how the booby trap would detonate, as follows: So imagine you take a metal box, typical control panel, electrical, that has the lip that goes around, and you have that little washer pin in there so that the lip of the box, I imagine, the door to the box and the box itself has this little washer sandwiched in between them so that it can't fall down. He had been angry and upset with the Moore family since he was 12 years old. We will review that evidence in two steps: first, we will outline the evidence of solid, credible value the jury could have reasonably relied upon in finding Paul guilty of murder beyond a reasonable doubt. After the trial in 2013, Moore appealed the decision in 2016. This vehicle info is the same as the first job. Trig one, vibration activated. During his apprenticeship, Paul worked alongside Roberto. 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. Sorry, there are no recent results for popular videos. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. His reputation in the community would make Peter the more likely suspect than Paul. In his view, the admission of such prejudicial evidence rendered the state proceedings fundamentally unfair and violated his right to a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Two-inch gallon pipe and quart of gasoline in plastic bottle. Chance of rain 100%. 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. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. For the first time at trial, however, he testified he got into the truck and tried to drive it. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. 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. We must accept its determination. (People v. Kipp (1998) 18 Cal.4th 349, 369. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. Chance of rain 100%. 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. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. He noted that in a stack of paper, indentations can appear five pages down. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Gus stood ready to arrest him for trespassing if he was found on the premises. The attorney said he didn't take a fee to represent the Ayalas. Paul then drove to the farm shop. 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. Ct. No. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. He faces life in prison without parole Code, 1101, subd. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. 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. His son heard a loud explosion and saw his father on fire. Paul Moore of Grimes,. 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. Roger, Pauls father, got tied up in a civil suit brought by Ayalas wife, where she alleged that he must have been aware or should have been aware of Pauls malice and past criminal activities. Are you concerned about the rising tensions with North Korea? Prosecutors David Druliner and Poyner argued that Paul Moore was clever and resented that he ranked low on the farm compared to other employees, particularly Roberto Ayala, who had a close relationship with Roger Moore. A Sustainable Legacy Founded over 90 years ago, at Moore Farms we vow to apply our family farming experience toward growing the finest produce for you, the customer and consumer. Express your opinion! McNary-Moore Funeral Service in Colusa, CA. Virginia Carmen Ortiz. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Eduardo Ayala testified that he knew Peter characterized him and his coworkers as a lazy group of drug addicts and alcoholics who would ruin the Moore brothers' agricultural business. Powered by WordPress.com VIP. On October 3 investigators also found spikes down a private farm road. Paul returned to work on the farm a few years before the explosion. I have nothing to say to that man, other than bye-bye.". They asked for the testimony of only one witness to be reread to them. I received info and instructions via USPS. A defendant's writings have been admitted to prove motive over defense objection. Peter threatened both his uncle and his father. Many years before the explosion, he set up two duck blinds in a field on the farm. 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. 497, 508.) The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. Peter's house was searched a few days after the explosion. He dropped his clippings from his landscape business 40 yards from the pump. 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. Gus was . There is indeed sufficient evidence to support a reasonable inference that Paul had nursed a lifetime animosity toward nonfamily members his father appeared to favor. But the degree of sophistication it takes to wiretap is not dispositive. He thought the police were there to search for medical marijuana he was growing. As soon as that door starts to open, that washer is free. 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. 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. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. But it is the jury's prerogative, not ours, to weigh the evidence. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. Without debating semantics, the point is that we must defer to the trial court's determination whether the evidence is substantially more prejudicial than probative unless the court has strayed too far from what is reasonable and sound. 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. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. He was responsible for regulating the water levels on the rice fields. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. 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 prosecution argued that Paul was attempting to taunt the police. In denying Paul's motion for a new trial on this ground, the trial court stated that the prosecutor's offhand and brief comment could not be fairly construed as arguing character. 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. The email address cannot be subscribed. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. Robert John Vierra. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. November: By November the investigation had targeted Paul. Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. provides funeral home, burial, veteran,. History. Neither cousin was happy with his place within the family hierarchy. 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. C075231 (Super. We agree the prosecution may have overstated the probative value by arguing the degree of sophistication a wiretap takes in the absence of evidence to support that claim. Nothing precluded defense counsel from confronting that evidence in her closing argument. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. 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. The prosecutor characterized Paul's wiretapping of his ex-wife as creepy and really unusual, and stated he taunted his ex-wife's parents by telling them about the wiretapping. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. There were pieces of metal shrapnel in his chest, neck, and brain. 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. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. 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. 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. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. Tucker reported the incident to the sheriff and to Roger. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. Previously driven by target one. It will be reassigned in five weeks. Having heard how Roberto Ayala had been burned and blown up, the evidence of a simple wiretap would not have so outraged or incited the jurors as to put them at risk of wrongfully convicting Paul because of this prior act. Our criminal justice system is predicated on the fundamental notion that a person accused of criminal conduct must be convicted based on evidence that he or she committed the alleged conduct and not merely based on evidence of a criminal disposition or a criminal reputation. Medicare vs. Medicare Advantage. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. 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. He ran for about two miles to get help. The letter read: I am responsible for the panel explosion. You can email the site owner to let them know you were blocked. 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.' The bolts were just like the bolt discovered at the scene of the explosion. We accept for purposes of this issue the trial court's characterization of the defense closing argument. David Moore's birthday is 01/17/1944 and is 78 years old. He remained so bitter toward his father he begged his grandmother to disinherit him. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. "I feel like I've lost two sons in one time," Roger Moore said. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. 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. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. 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. On August 15 the investigators received a second letter and a diagram of a bomb. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. Periods of rain. You have permission to edit this article. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). 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. 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. hkruger@appealdemocrat.com. 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.. He is also survived by his brother, Roger Moore. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. Rainfall near a quarter of an inch. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. 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. 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. This information was not disclosed to the public. 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. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. 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. Powered by. Third Appellate District (Colusa) (Super. The evidence is all circumstantial. Roberto's death occurred against the backdrop of great family disharmony and dissension between the two principals in this deadly drama, Peter and Paul, cousins whose fathers were the sons of Richard and Mimi Moore, owners of an 1,800-acre farm near Colusa. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. Becoming windy late. 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. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. Rice Subsidies in Colusa County, California, 1995-2020 . 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. They attempted other ventures that failedPaul in construction, Peter in starting a sod business. In 2019, the board of supervisors of Colusa met. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. The trial court agreed with the prosecutor's position that the defense argument put in issue virtually all evidence that tended to show Paul's motive, technical skills, and past related actions and opened the door to fair comment on any and all evidence tending to link him to the crime. 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. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. I am sure MS-13 will figure out I tipped authorities and will soon come for me. He lived with his parents and. 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. I received another package via USPS, target two, I will not take this job because the info I received is wrong. The forensic testimony provided the most compelling evidence against Paul. February 7, 2023 (78 years old) View obituary. January 28, 2023 (85 years old) View obituary. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. We agree with the trial court that the document was therefore relevant to prove motive. I finally found the Ford, and now it is driven by some young guy, not the brother. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) On July 16, 2011, Roberto Ayala and his son were on the Moore brothers rice fields, and Ayala was adjusting an irrigation pump when he son heard a loud explosion and then saw his father on fire, according to the original court case. Another expert will do this job. We agree with the trial court. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. 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. Peter had difficulty with reading comprehension. Becoming windy overnight. 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. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. Why am I helping u? 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. Paul injured his back and had to give up construction. On top of that, Roger surely had the resources to ensure everyone was looked after. He assumed Peter was trying to get him fired. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) As a result, Roger had the duck blinds removed. He had not been allowed to work on the farm for over 21 years. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. 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. Poyner said that after the verdict was announced, he called Peter Moore. Ayala was killed in an explosion in 2013. My Life: Paul maintains that the trial court abused its discretion by admitting the prosecution's evidence of a document extracted from Paul's computer entitled My Life because its probative value was outweighed by undue prejudice within the meaning of Evidence Code section 352. Becoming windy overnight. 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 outside square of the diagram is the electrical box that we've described.. 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. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. The target is brother of target one and drives Chevy. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. We concur: Click to reveal Paul Wynn Jan. 12, 2023. 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. Records published here were acquired from Colusa . According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. ADVICE: Are North Americans wimps when it comes to pain tolerance? Prosecution experts did not find any evidence of value on Peter's devices. 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. Gene attended Colusa High School and . 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. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. 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. Gene Wesley Beauchamp, of Colusa, CA, passed away on January 11, 2023, at the age of 74. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. Published: Jun 17, 2016 Total records: 5,262. He felt mistreated by everyone, including Peter. Copyright 2023, Thomson Reuters. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump.

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