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. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. 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. 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. Although the trial was lengthy, they took less than a day to deliberate. Becoming windy overnight. We concur: Paul was eventually arrested for the murder of Roberto Ayala. That explosion occurred in about 1991. He had not been allowed to work on the farm for over 21 years. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. Location and meter number for panel. Another expert will do this job. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. December: On December 6 Paul's house was searched. Chance of rain 100%. Dr. Svetlana Moore, MD | Colusa, CA | Family Medicine Doctor | US News 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. In describing his life, he pondered what he had done to be treated so poorly by his own family. Im going to get that F*****.. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. We turn to counsel's arguments, the objections that were lodged, and the trial court's rationale in denying the defense request to make a surrebuttal argument and denying its later motion for a new trial. 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. Paul returned to work on the farm a few years before the explosion. The investigators took possession of three computers and three cellular telephones. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. His trial lawyer provided excellent representation and advocacy. They will find him. 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. "We've waited 25 months and. He threatened to beat [his] dad's ass on multiple occasions. The boy witnessed the explosion that killed his father. 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. hkruger@appealdemocrat.com. To understand if, why, and how Paul would have blown up Roberto, the prosecution attempted to tell the painful story of the men of the Moore family farm and their tortured relationships. 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. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. The forensic testimony provided the most compelling evidence against Paul. Clearly, over the years he earned the trust and respect of Roger and Gus. Roberto had worked for the Moore brothers for 19 years. Even though Paul Moore was the "sole. They gave me two months 4 this job. I have nothing to say to that man, other than bye-bye.". But it is the jury's prerogative, not ours, to weigh the evidence. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. 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. They attempted other ventures that failedPaul in construction, Peter in starting a sod business. 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. Where is Fabian Ayala Today? - The Cinemaholic 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. A document examiner from the United States Secret Service compared the ink from the documents sent to the sheriff's department with the ink on documents from the printer confiscated at Paul's house. A state appeals court this week upheld Paul Moore's murder conviction. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. He remained so bitter toward his father he begged his grandmother to disinherit him. All rights reserved. This website is using a security service to protect itself from online attacks. But Peter's situation was far different. 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.' But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. THE PEOPLE v. PAUL ROGER MOORE (2016) | FindLaw Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. I received info and instructions via USPS. [Citation. I am over this life. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Winds S at 20 to 30 mph. And it is particularly challenging because, as Paul argues on appeal, there are no witnesses, no fingerprints on any of the bomb parts, no DNA, no confessions, and no admissions But it is the jurys prerogative, not ours, to weigh the evidence., They also stated that there was an abundance of circumstantial evidence that either Peter or Paul, or perhaps Peter and Paul together, built and planted the bomb that killed Roberto Ayala.. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. 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. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Higher wind gusts possible. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. A Sacramento County jury found him guilty on Aug. 23. PAUL ROGER MOORE, Defendant and Appellant. We disagree. The forensic evidence, as we have described it, connects Paul to the drafting of the second letter and bomb diagram sent to the sheriff's department. 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. But apparently they had little difficulty reaching their verdict. Medicare vs. Medicare Advantage. Nevertheless, on the narrow legal questions presented, we find substantial evidence to support the verdict and no abuse of discretion in admitting evidence or denying the defense request for surrebuttal closing argument, and therefore affirm the judgment. Roberto Ayala's Murder: 5 Fast Facts You Need to Know He faces life in prison without parole (People v. Kipp (1998) 18 Cal.4th 349, 369. In 2019, the board of supervisors of Colusa met. Peter loved to shoot ducks. (CALCRIM No. You have permission to edit this article. There were pieces of metal shrapnel in his chest, neck, and brain. Bomb victim's family awarded $20M | Colusa Sun Herald - Appeal-Democrat 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. Motive is one of the elements the defense argued most vehemently. The Legislature therefore has declared that evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion. (Evid. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. #Dateline tonight at 9/8c. 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. Diane Nichols, under appointment by . 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. 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. 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. We agree with the trial court that the document was therefore relevant to prove motive. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. "My sister-in-law is friends with the family," he said. Roberto Ayala was killed by a victim-triggered bomb when he. The wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. Beyond the substance of the arguments, Paul contends the prosecutors sandbagged him by withholding the most powerful evidence until rebuttal and depriving him of the opportunity to answer that evidence. 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. On November 24 they noticed the device was not working and they went to Paul's house to investigate. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. Clearly, they both had hoped to assume managerial positions on the farm. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. 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. As a result, Roger had the duck blinds removed. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. 3 Crim. 2023 Cinemaholic Inc. All rights reserved. Rain. Paul insists the limiting instruction could not cure the prejudice. 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. Your IP: And it is particularly challenging because, as Paul argues on appeal, there are no witnesses, no fingerprints on any of the bomb parts, no DNA, no confessions, and no admissions. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Rain. Dateline: Paul Moore's Cousin Peter Had Stomach Removed - 2paragraphs Installing a device inside such a panel is a highly dangerous activity. ROGER HICKEL OBITUARY. The admissibility of uncharged acts depends upon three principal factors: (1) the materiality of the fact sought to be proved or disproved; (2) the tendency of the uncharged crime to prove or disprove the material fact; and (3) the existence of any rule or policy requiring the exclusion of relevant evidence.' Ct. No. . 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. The vehicle, a 2006 Ford F-250, will be sold, he said. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. Peter had difficulty with reading comprehension. Information is scarce, especially since Moore does not seem to have any social media presence. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. 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. 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. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. 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. Robert John Vierra. Civil Suit in California Farm Murder | Courthouse News Service He learned that a bell rang every time a verdict was made. Paul's son Gunner testified that when Paul was young, he rewired the light switch in his bedroom so he could turn off the light from his bed, but if a person did not flip the switch in a particular way, he or she would be shocked. Peter had his stomach removed and lost almost 50 pounds. While Moores exact net worth as of 2020 is unknown, he must be worth millions. Paul Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. Many years before the explosion, he set up two duck blinds in a field on the farm. There was no direct evidence of who designed, constructed, or placed the explosive device. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. By Harold Kruger So, heres everything you need to know about Roger Moore. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Cemetery Records. Moore is the owner of the Moore Brothers Farm. Third Appellate District (Colusa) (Super. After a career of killing, I want to save a life before I take my life. . 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. Trig two, drop weight activated upon door opening. During the trial, Roger Moore testified he planned to share his half of the farm with his son, but that Paul Moore would have to work his way up in an effort to build respect from the employees, a situation that Druliner said Paul Moore resented. Winds S at 20 to 30 mph. The attorney said he didn't take a fee to represent the Ayalas. Chance of rain 100%. Fill out this form to submit a Letter to the Editor. For the first time at trial, however, he testified he got into the truck and tried to drive it. Higher wind gusts possible. The bomb exploded, injuring Paul and his friend. It was improper in Paul's estimation because the wiretapping evidence was admissible solely to prove his technical knowledge, yet the prosecutor transformed it into improper character evidence. In fact, he testified [t]hat piece of property is my favorite piece of property that we own. It was in that field that he ran his duck club before Roger took down the blinds. Moore was cuffed and booked at the Colusa County Jail at the age of 47. Paul was afforded a fair trial, the appeals court said at the time. 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. Winds S at 20 to 30 mph. 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. On August 15 the investigators received a second letter and a diagram of a bomb. 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? Paul injured his back and had to give up construction. Nothing precluded defense counsel from confronting that evidence in her closing argument. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. In short, he could not tell them apart. In the first message, Peter told Roger that the real reason Roberto's son was fired by another employer was that he was caught stealing and forging his time card, the same thing the Ayala boys had been doing to Roger for years. C075231 (Super. 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. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. Sorry, there are no recent results for popular commented articles. Trig one, vibration activated. Paul, through his own words, told that story from his perspective, and his perspective provided the jury invaluable insight into his motive for committing such an atrocious act. You can email the site owner to let them know you were blocked. 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. (b).) For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Click to reveal "(The murder) is really the unfortunate product that came out, in spite of Roger's well-meaning efforts to do well by his family and do well by the company," Druliner said. After the trial in 2013, Moore appealed the decision in 2016. Martin opined that Peter was not technically, with regard to electricity, or mechanically talented at all; rather, he was forgetful, had difficulty maintaining the tools he needed for his landscaping business, and suffered minor coordination problems. "That's why I took the case.". On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. The fact that the document described the history of the family only added to its probative value. Poyner said that after the verdict was announced, he called Peter Moore. November: By November the investigation had targeted Paul. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. Offer condolences/tributes, send flowers or create an online memorial for free. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. 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. Colusa Cemetery District grounds was established as a cemetery in 1873. 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. The potential prejudice of admitting the evidence was slight. As they were driving, they noticed Paul's truck behind them. Bomb Maker Convicted of Murder - LegiStorm On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. Of Paul Moore, Poyner said, "the guy is evil. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. (Evid. Expert in Vietnam devices. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. Rice Subsidies in Colusa County, California, 1995-2020 . 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. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. Paul Moore, Roberto Ayala's Killer, Was Sentenced to Life in Prison A friend read about his fingerprints on the indented sheet in a local newspaper and asked him about it when he called Paul in jail.
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