paul roger moore colusa caselma times journal arrests
Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. And Roberto Ayala, in particular, was the target of his wrath. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. 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. 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. 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. But it is the jury's prerogative, not ours, to weigh the evidence. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. Express your opinion! Gus stood ready to arrest him for trespassing if he was found on the premises. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. 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. Peter told Ruiz and Conedy-Ruiz he did not like Roberto, he was practicing karate to prepare him to fight Roberto, and he referred to Roberto as a son of a bitch. In either June or July of 2012 Peter told Ruiz and his wife to forget everything he had told them a year earlier. Moreover, he was aware of the 19 years Roberto had dedicated to the Moore brothers' farm and had watched at a distance as Roberto ascended to the position he coveted. Although he had used the irrigation pump years earlier when he was shooting ducks, the mechanism had been changed and he testified he did not know how to use the new apparatus. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. "I feel like I've lost two sons in one time," Roger Moore said. The defense argued that Peter had been present at the scene of the explosion. The letter stated: Ayala was actually warned what would happen if he screwed with these people. Gunner also reported that, according to his dad soon after the explosion, his grandfather feared that there was a booby trap in the switch and stated that someone must have been a genius to be able to do that, some type of electrical genius.. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. "We've waited 25 months and. Neither cousin was happy with his place within the family hierarchy. On July 16, 2011, Roberto picked up his seven-year-old son, bought him lunch, and drove to one of the Moore brothers' rice fields to adjust the irrigation pump. Are you concerned about the rising tensions with North Korea? PAUL ROGER MOORE, Defendant and Appellant. His trial lawyer provided excellent representation and advocacy. 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. Information is scarce, especially since Moore does not seem to have any social media presence. 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. If u come 4 me, call first. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. Taken together, their expert opinions constitute substantial evidence from which the jurors could reasonably infer that Paul was the author of the incriminating letters to the investigators and that it was the author of those letters with the knowledge of the intricacies of the bomb who must have designed, created, and planted it. The two felt Roberto received more respect than them. The forensic testimony provided the most compelling evidence against Paul. 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. The attorney said he didn't take a fee to represent the Ayalas. He noted that in a stack of paper, indentations can appear five pages down. 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. 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. We are not at liberty to second-guess the trial court's careful and reasoned assessment, and because we find there is no abuse of discretion, there was no error in admitting the evidence. He could not retrieve his father's cell phone because his father was on fire. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. The fact that the prosecutor chose to highlight the damaging evidence only in response to the defense claims that Peter, not Paul, had killed Roberto Ayala and that he had no motive or nothing to gain from the killing was a strategic choice the prosecutors made. provides funeral home, burial, veteran,. 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.. Peter had difficulty with reading comprehension. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. But that is not to say a wiretap does not have sufficient probative value to merit admission, and given the minimal risk of potential prejudice, the trial court did not abuse its discretion by admitting evidence that did offer some probative value into the extent of Paul's knowledge about building and connecting electrical and mechanical devices. Contact us. Powered by WordPress.com VIP. (People v. Kipp (1998) 18 Cal.4th 349, 369. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. (a). Find Dr. Moore's phone number, address, hospital affiliations and more. 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. They will find him. Ct. No. Chance of rain 100%. I am military trained. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Someone will take it. 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. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . To the contrary, the prosecutor did nothing more than marshal validly admitted evidence to counter defense argument: that is, the prosecutor referred to wiretapping evidence to demonstrate that Paul had superior technical skills to Peter and to his My Life entries to demonstrate he had a motive to kill Roberto, based on a lifetime of indignities and slights he felt on the farm. The vehicle, a 2006 Ford F-250, will be sold, he said. This information was not disclosed to the public. He was fired as the director of a duck club because he offended some of the members. He thereafter refused to come back for any additional interviews. He denied involvement in the explosion, declaring it was a chicken shit way for somebody to do it. As mentioned earlier, he claimed he had little experience with electrical devices and no experience with the irrigation pumps. "My sister-in-law is friends with the family," he said. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. 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. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). ), Admission of character evidence, however, is subject to special rules. Previously driven by target one. I will come peacefully or detonate all the devices.. We conclude the trial court did not abuse its discretion by calculating the minimal risk of prejudice and finding the probative value was sufficient to justify the admission of the evidence. NICHOLSON, J. 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. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . 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. He felt mistreated by everyone, including Peter. C075231. Moore was convicted of killing Roberto Ayala. 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. 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. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. This is why I refused this job, but the next guy might kill both to ensure payment. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. 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. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. He ran for about two miles to get help. "The bells of justice have finally rung for us," Ayala said. Paul argues the trial court abused its discretion by admitting evidence he had wiretapped his ex-wife's telephone during divorce proceedings 15 years earlier and had made oxygen acetylene bombs 20 years earlier. I got name, age, vehicle description, plate number and location. 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. 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. Paul Moore was arrested five months after the explosion after a search warrant was executed at his home by the Colusa County Sherrif's Office assisted by the Bureau of Alcohol, Tobacco,. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) But the degree of sophistication it takes to wiretap is not dispositive. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. And he drove his ATV over the field with his friend Blane Martin on a regular basis. She thereafter requested the opportunity to offer a surrebuttal. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. You have permission to edit this article. Many years before the explosion, he set up two duck blinds in a field on the farm. On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. Chance of rain 100%. At trial he explained he had difficulty understanding the documents he was asked to review, but that he could understand an oral description of their contents. I received another package via USPS, target two, I will not take this job because the info I received is wrong. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. Sorry, there are no recent results for popular videos. Would love your thoughts, please comment. Paul Moore is currently serving life in prison without the possibility of parole. 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. Peter testified that two months before the explosion, his father told Roberto that if Peter came on the farm, Roberto should have him arrested for trespassing. Robert John Vierra. 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. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. Paul is Roger's son. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. 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. July 18: Two days after Roberto Ayala's death, Paul delivered to investigators a piece of metal he found in a canal near the explosion. As an example, he referred to DNA experts who do not say something is a positive match or is definitely someone's DNA but who give possibilities larger than the number of people who ever lived on earth. The bolts were just like the bolt discovered at the scene of the explosion. The email address cannot be subscribed. 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. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. We cannot say the trial court's denial of defense counsel's request for surrebuttal constituted an abuse of discretion under these circumstances, and we also cannot say that additional argument on the same themes already argued would have changed the jurors' finding that Paul was guilty beyond a reasonable doubt. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. On August 17 Paul went to the police station voluntarily. At the same time, their sons, Peter and Paul, respectively, hated Ayala. 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. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. A document examiner expert testified at trial that the paper used in the second letter sent to the sheriff, the diagram, and the indented paper were chemically indistinguishable. Copyright 2023, Thomson Reuters. But the determinative question is whether the trial court abused its discretion by finding the risk of prejudice did not substantially outweigh whatever probative value the evidence had. Winds S at 20 to 30 mph. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. His body was still burning when the firefighters arrived. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. 2023 Cinemaholic Inc. All rights reserved. There were no eyewitnesses, no confessions, no admissions, and no fingerprints or DNA evidence found on any of the parts of the explosive device found at the scene of the murder. The governing District was organized on July 16, 1923. 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. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. 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. During tomato harvest, he wrote, he drove the shitty tractor, but pussy Peter was allowed to drive the tractor with an air-conditioned cab because otherwise Peter was a prick to work with. Employees, including Roberto Ayala and Roberto's brother Eduardo, were given liberties he was not, such as drinking on the job, taking farm vehicles and equipment for personal use, and getting paid during the winter. Paul was eventually arrested for the murder of Roberto Ayala. He insisted that Peter planted the indented paper and that his fingerprints were left on the top sheet when he placed his hand on it to adjust a window shade. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. 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. 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. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. The day before the bombing, Peter wrote that an old friend, Bea, had told him she hated his father and [s]o I think the world of Bea.. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. A trace evidence examiner found the fishing line recovered from Paul's boat had the same chemical composition as the line around the bolt found at the site of the explosion. Eight stamps were attached for postage. September-October: On several occasions the FBI dive team searched the canal and the irrigation ditch perpendicular to the canal and found a fuse, hinge, washers and nuts, the inside part of the electrical control panel, part of the post the panel had been mounted on, and a timer box cover. 3 Crim. ARLAN MOORE OBITUARY . After a career of killing, I want to save a life before I take my life. Whether wiretapping is relatively simple or exceedingly complex, it takes a certain degree of knowledge to tap into someone's phone line. Rain. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. We are not at liberty to reweigh evidence or revisit credibility issues. He will rather seek life in prison without parole for Paul Moore. (CALCRIM No. Poyner said that after the verdict was announced, he called Peter Moore. Rainfall near a quarter of an inch. 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. Sorry, there are no recent results for popular images. Having reviewed the evidence offered by the prosecution, we now turn to the evidence presented by the defense that Peter, not Paul, planted the bomb that killed Roberto Ayala, for he too appeared to disdain the man, he too had the opportunity and familiarity with the irrigation pump, he too had access to the area in which the bomb was planted, and he too had incriminating evidence on his computer hard drive. I have nothing to say to that man, other than bye-bye.". 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. Roberto had worked for the Moore brothers for 19 years. On appeal, Paul challenges the court's denial of her request. The next day, the investigators at the Colusa County Sheriff's Department received a letter with a postmark from Sacramento that they learned was processed by the postal service in West Sacramento. 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. 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.' On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. 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. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. They found threaded pipe nipple, end caps in the form of reducers and plugs, other end caps, washers, nuts, multicolored wire, and seven-inch bolts. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. The text of the letter was a photocopy of the original; it too contained printed label strips made with a label maker. In those instances, a defendant's prior bad acts are admissible. Paul was free to argue that the document itself proved he had no intention of harming Roberto because, even in his most private moments, he did not threaten him. 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. The freehand drawing has some arrows on it. We agree. 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. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. 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. Moore is the owner of the Moore Brothers Farm. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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. He lived with his parents and. He dropped his clippings from his landscape business 40 yards from the pump. 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. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. 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. Peter was so angry he left a voice mail message for Tucker, threatening that he was going to rip his head off and piss down his throat or shit down [his] neck. Peter testified that he did not intend to literally rip off Tucker's head, but he did want to engage in a fistfight. We have found no error at all, and therefore there are no errors to accumulate. Paul Roger Moore, 49, is facing life in prison with no chance of parole after his first-degree murder conviction with the special-circumstance allegation that he killed Roberto Ayala, 43, by planting. Becoming windy late. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. In 2019, the board of supervisors of Colusa met. The letter read: I am responsible for the panel explosion. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. Paul injured his back and had to give up construction. 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. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Colusa) ---- THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant.
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