On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. 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. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. We find no merit in Paul's objection to the admissibility of his own life story. Rice Subsidies in Colusa County, California, 1995-2020 . He dropped his clippings from his landscape business 40 yards from the pump. Rain. 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. Another expert will do this job. They will find him. 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. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. They gave me two months 4 this job. . Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. ), Wiretapping: In opposition to the defense motion in limine to exclude the evidence of wiretapping, the prosecutor argued: Defendant climbed a telephone pole and attached a wire to the line, running the wire to a recording device. 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. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. But it is the jury's prerogative, not ours, to weigh the evidence. The bomb exploded, injuring Paul and his friend. (People v. Vereneseneckockockhoff (1900) 129 Cal. 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. 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. Periods of rain. The settlement also included about $44,800 in worker's compensation payments. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Moore Brothers * Grimes, CA 95950: $1,366,301: 86: J & S Farms * Colusa, CA 95932: $1,338,492: 87: . Low 41F. The letter read: I am responsible for the panel explosion. 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. When asked if his temper had caused problems for him in the community, he testified, I'm not the easiest guy to get along with. By his own account, his father not only physically abused him, but from the time he was eight or nine years old made him fight with other boys to resolve their conflicts. 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. 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 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. We must accept its determination. Paul Moore convicted in Colusa bombing death, Animals in and out of control: Yuba and Sutter counties clarify common animal complaints, I view this as a solution: Habitat proposes 217-unit affordable housing apartment complex in Yuba City, Chili cook-off heats up Yuba City Moose Lodge, Marysville man serving time for attempted murder dies in prison, Plumas Lake man to be sentenced in case of pure evil, Caretaker who stole from the tulip lady gets community service, Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. Ayala was killed in an explosion in 2013. 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. The email address cannot be subscribed. 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. Higher wind gusts possible.. The writing is comprised in a similar fashion as the letters themselves. Paul, not Peter, used abbreviations such as u and 4 in his text messages. We will not repeat what we have already said about the prosecutor's references to either the wiretapping or the My Life document but will examine Paul's other allegations of prosecutorial error. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. Peter testified he was going to physically beat up Roberto. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. The forensic testimony provided the most compelling evidence against Paul. At the same time, their sons, Peter and Paul, respectively, hated Ayala. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. This characterization, according to Paul, sought to convince the jury he was a creepy person and, as a result, had a propensity to commit bad acts. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. 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. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. His trial lawyer provided excellent representation and advocacy. Installing a device inside such a panel is a highly dangerous activity. Peter loved to shoot ducks. The letter stated: Ayala was actually warned what would happen if he screwed with these people. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. He argues that the trial court's error violated his right to a fair trial and due process of law under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. 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. The delivery and return addresses were printed label strips made with a label maker. But Peter's situation was far different. 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. You have permission to edit this article. Winds S at 20 to 30 mph. Click to reveal 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.. He said Paul Moore is the "sole inheritor of the Moore family fortune." Again, Paul's critique is the same: that is, the prosecutor grossly exaggerated his fascination with bomb making and extrapolated one incident into a proclivity to create multiple and more advanced explosive devices. A trace evidence examiner testified that the chemical composition of the fishing line found in Paul's boat was indistinguishable from the fishing line wrapped around a bolt found at the scene of the explosion. He needs to be careful. Moore is the owner of the Moore Brothers Farm. 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 attorney said he didn't take a fee to represent the Ayalas. Copyright 2023, Thomson Reuters. A defendant's writings have been admitted to prove motive over defense objection. 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. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. 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. The investigators took possession of three computers and three cellular telephones. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. Code, 1101, subd. He felt mistreated by everyone, including Peter. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. Why am I helping u? We conclude the risk was very low. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. While there is no evidence that he actually had been disinherited, Peter believed he had and that Roberto would be the recipient of his share of the farm. 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. 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. Sorry, there are no recent results for popular videos. 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. Im going to get that F*****.. A state appeals court this week upheld Paul Moore's murder conviction. There were pieces of metal shrapnel in his chest, neck, and brain. While it might sound like a humble title, Roger is seemingly quite well off. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. And he drove his ATV over the field with his friend Blane Martin on a regular basis. Gus was . And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. Paul was afforded a fair trial. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. 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. Search by Name, Phone, Address, or Email. The case is a classic whodunit. The potential prejudice of admitting the evidence was slight. The money is good. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. Name, age, vehicle I.D. 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. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. Roger David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. 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. Contact us. 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. "Paul was afforded a fair. The actual printing on the diagram looks like somebody printed it on a label maker, affixed it to the paper and then ran it through a photocopier. He was the farm foreman. He threatened to beat [his] dad's ass on multiple occasions. 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. "We've waited 25 months and. First three fuses, the device had dual triggers and detonators. Paul returned to work on the farm a few years before the explosion. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. Sorry, there are no recent results for popular videos. 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,. During his apprenticeship, Paul worked alongside Roberto. Whoever is driving that white F-250 is in great danger. They asked for the testimony of only one witness to be reread to them. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. 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. Colusa, CA. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. Thus it was relevant and probative of his knowledge of creating explosions. 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. We agree with the trial court that the document was therefore relevant to prove motive. Roberto Ayala was killed by a victim-triggered bomb when he. We know that his farm has rice fields and walnut orchards. 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. 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. Sorry, there are no recent results for popular commented articles. As a result, Roger had the duck blinds removed. 3 Crim. Fill out this form to submit a Letter to the Editor. 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 investigators did not believe that a Mexican gang was involved in the explosion because gangs typically advertise their involvement rather than hide it, to incite fear and command respect. Your IP: Paul Moore of Grimes,. On August 22 the investigators searched the farm shop with Roger's permission. 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. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. Clearly, over the years he earned the trust and respect of Roger and Gus. In the My Life document, as described above, Paul provides a litany of perceived wounds and transgressions he suffered throughout his life on the farm and many of the indignities he felt were a result of the privileges, trust, and respect showered on Roberto by Roger and Gus. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. I will come peacefully or detonate all the devices.. Cloudflare Ray ID: 7a2e78bba8bccfb8 He was able, however, to install electrical sprinkler systems. 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. I finally found the Ford, and now it is driven by some young guy, not the brother. Express your opinion! 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. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. This vehicle info is the same as the first job. Half of the amount will go to Jesus, Maria and Paola Ayala, while the other half will be placed in an annuity for Roberto's now 12-year-old son. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. There is no question, however, that the evidence was remote in time. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 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. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. The fact that the document described the history of the family only added to its probative value. So, heres everything you need to know about Roger Moore. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. "(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. This was my first and final job. Someone will take it. 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. We have outlined the chronology of the investigation and how it produced evidence that Paul was quick to alert the investigators to evidence suggesting that Peter bore Roberto ill will, that Peter had threatened Roberto, that Peter had been at the scene of the explosion the day before it happened, and that it was an explosion, not an accident. Becoming windy overnight. CR53504) Lynette Marie Clark. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. The bomb is set 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. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Ct. No. 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. Robert John Vierra. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. 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. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. Peter had his stomach removed and lost almost 50 pounds. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). Affirmed. The two felt Roberto received more respect than them. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. 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. 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 voice was powerful circumstantial evidence the prosecution had every right to exploit. The defense argued that Peter had been present at the scene of the explosion. He was fired as the director of a duck club because he offended some of the members. Sorry, there are no recent results for popular commented articles. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) He faces life in prison without parole The forensic evidence, including the indented sheet of paper with Paul's fingerprints on it, the ink and paper from his printer matching the ink and paper mailed to the sheriff, the matching fishing lines, and the presence in the farm shop of many of the materials needed to make the bomb, constitutes substantial evidence to support the inference the jury made that it was Paul who wrote the letters to the sheriff, and it was therefore Paul who planted the bomb that blew up Roberto Ayala, just as he had planned.
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