The forensic testimony provided the most compelling evidence against Paul. Lynette Marie Clark. 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. Chance of rain 100%. 13.56.206.54 We are not at liberty to reweigh evidence or revisit credibility issues. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. February 3, 2023 (75 years old) View obituary. Roberto was not an impediment to his ambitions. Do I think Peter (Paul's cousin) did this? Dateline: Paul Moore's Cousin Peter Had Stomach Removed - 2paragraphs I am military trained. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. THE PEOPLE v. PAUL ROGER MOORE (2016) | FindLaw 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. (a). 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. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. Gus was . Previously driven by target one. Chance of rain 100%. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. 107 5th St, Colusa, CA. David Moore's birthday is 01/17/1944 and is 78 years old. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. Periods of rain. ), Admission of character evidence, however, is subject to special rules. This vehicle info is the same as the first job. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. Paul concedes that the standard of review is an abuse of discretion, but he cautions us not to rely on the colorful descriptions and derisive boilerplates the Attorney General uses to describe abuse of discretion, including such catchphrases as a court abuses its discretion when the ruling is arbitrary, capricious, or patently absurd, resulting in a manifest miscarriage of justice. Rather, he insists the ultimate question is whether the court's ruling was unreasonable in light of the governing law and the facts presented. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. 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. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. McNary-Moore Funeral Service Obituaries - Echovita 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. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. In other words, Martin believed Peter's bark is much bigger than his bite. Martin had never seen Peter actually engage in any sort of violence. First three fuses, the device had dual triggers and detonators. Chance of rain 100%. She thereafter requested the opportunity to offer a surrebuttal. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. Diane Nichols, under appointment by . During trial, however, the defense offered the testimony of an expert in forensic computer analysis. Trig two, drop weight activated upon door opening. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. He learned that a bell rang every time a verdict was made. Roger made two police reports based on Peter's threats to physically assault him. Paul Moore murder conviction upheld | Colusa Sun Herald | appeal 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 jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. Another expert will do this job. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. As a result, Roger had the duck blinds removed. They want the brother, but it is now driven by some young guy, or do they want the young guy? Motive is one of the elements the defense argued most vehemently. But 12 jurors of Paul's peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala and we must respect their verdict. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. The investigators took possession of three computers and three cellular telephones. Paul returned to work on the farm a few years before the explosion. "My sister-in-law is friends with the family," he said. The freehand drawing has some arrows on it. But Peter's situation was far different. Powered by. 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. Thus, the court disagreed with Paul's threshold argument at trial that the prosecutor's rebuttal was improper because it exceeded the scope of the defense closing argument. He said Paul Moore is the "sole inheritor of the Moore family fortune." I received info and instructions via USPS. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. Gene attended Colusa High School and . Ct. No. 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. 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. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. Whoever is driving that white F-250 is in great danger. Obituaries from McNary-Moore Funeral Service in Colusa, California. White Ford, same plate number. "Paul was afforded a fair. He needs to be careful. 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. 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. The boy had to run two miles to get help. 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. 497, 508.) (Evid. His reputation in the community would make Peter the more likely suspect than Paul. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. Paul was afforded a fair trial. 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. On August 15 the investigators received a second letter and a diagram of a bomb. 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. 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. Where is Paul Moore Today? - The Cinemaholic "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. Clearly, over the years he earned the trust and respect of Roger and Gus. 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. He was a boxer in high school. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. 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. 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. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. The bolts were just like the bolt discovered at the scene of the explosion. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. Recipients of payments . Your IP: Nor was there a terrible danger of unnecessarily inciting the jurors' passions. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). 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.. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. Corning Observer Obituaries - Legacy.com Paul told investigators that his electrical experience was limited to fixing an electrical outlet and that he had no experience working on the pump control panels. Peter was intimately familiar with the field where Roberto was blown up. 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. Paul insists the limiting instruction could not cure the prejudice. He threatened to beat [his] dad's ass on multiple occasions. Peter had difficulty with reading comprehension. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. Paul Moore, a family friend of Ayala's, was found guilty of setting the explosive device that killed Ayala after he turned on an irrigation pump at a rice field at the Moore Brothers farm.. And Roberto Ayala, in particular, was the target of his wrath. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. "I feel like I've lost two sons in one time," Roger Moore said. 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? View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. 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. Would love your thoughts, please comment. That explosion occurred in about 1991. 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. PDF 16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE - California (b).) Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. Thus it was relevant and probative of his knowledge of creating explosions. Three days later, they received another letter containing a diagram of the device. 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. . Paul appears to have suffered more quietly than his cousin. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. There is no question, however, that the evidence was remote in time. Records published here were acquired from Colusa . 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. 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. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. Man Convicted Of Killing Farmworker Using Explosive Device Connected To The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. 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. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. Winds S at 20 to 30 mph. 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. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. Someone will take it. Roberto Ayala's Murder: 5 Fast Facts You Need to Know This is an argument defense counsel had the opportunity to effectively rebut in closing argument. You have permission to edit this article. There were disagreements where Roger took Roberto's advice over that of his son or nephew. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. 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. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. Click to reveal Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. But abused and ostracized by his father Gus, whom family members called Grumpy, Peter was not allowed to farm and instead spent 21 years earning a living in a landscape business he apparently loathed at times. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. In those instances, a defendant's prior bad acts are admissible. Paul states repeatedly that he did not threaten Roberto Ayala in the entire document as if the document were irrelevant simply because he did not threaten to physically assault him. It is true that the prosecution did not elicit testimony from the ex-father-in-law or from anyone else about what electrical knowledge was necessary to wiretap a telephone. He did not like Roger and Roger did not like him. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. 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. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Roberto Ayala was killed by a victim-triggered bomb when he. As soon as that door starts to open, that washer is free. His body was still burning when the firefighters arrived. They asked for the testimony of only one witness to be reread to them. He could not retrieve his father's cell phone because his father was on fire. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. Sorry, there are no recent results for popular commented articles. 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. 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 Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. 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. Low 41F. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. They now want the white Ford F-250 hit. ), 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. PAUL ROGER MOORE, Defendant and Appellant. 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 evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. Colusa Sun-Herald Obituaries - Legacy.com 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. You have permission to edit this article. 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. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. The wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. Eight stamps were attached for postage. November: By November the investigation had targeted Paul. The investigators placed a GPS (global positioning system) device on his truck, devices that often malfunction. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. Ultimately, the Ayala family was awarded $20 million. 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. We simply cannot say the evidence that Paul possessed the unique skill set to build a bomb, that he had the requisite familiarity with Roberto's schedule and with the irrigation pump where the bomb was planted, of his fingerprints on the indented sheet that matched the bomb diagram and the remainder of the forensic evidence connecting his printer and his labels with the letter and diagram sent by the bomber to the sheriff, and of his suspicious behavior in framing his cousin and in manufacturing and planting the spikes in the road and chasing the investigators at high speeds, and his personal account of the lifetime of disappointment he felt in the way he had been treated relative to the way his father and uncle doted on Roberto, does not constitute solid evidence of credible and reasonable value to sustain the verdict. The bomb exploded, injuring Paul and his friend. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) Cloudflare Ray ID: 7a2e78bba8bccfb8 He is also survived by his brother, Roger Moore. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty.