(CALCRIM No. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. 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. Their investigation focused on whether the explosion was an accident. Believe me and have time to do something to help these guys.. It is speculative, according to Paul, to assume that wiretapping a telephone is any more complicated than purchasing a Radio Shack or Spy Store device complete with user instructions for dummies [or] a DIY device.. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. #Dateline tonight at 9/8c. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. 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. Rainfall around a quarter of an inch. 3 Crim. And second, we will test the substantiality of that evidence in light of the entire record, that is to say, in light of the compelling circumstantial evidence that Peter, not Paul, blew up Roberto Ayala. White Ford, same plate number. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . He remained so bitter toward his father he begged his grandmother to disinherit him. Half of the amount will go to. He was responsible for regulating the water levels on the rice fields. Gus was . pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. But the degree of sophistication it takes to wiretap is not dispositive. They want the brother, but it is now driven by some young guy, or do they want the young guy? Paul returned to work on the farm a few years before the explosion. 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. 2023 Cinemaholic Inc. All rights reserved. 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. We know that his farm has rice fields and walnut orchards. Defense counsel argued the document should have been excluded because it was written at least 18 months before Roberto was killed and many of the events Paul described had occurred in his early childhood. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. We have found no error at all, and therefore there are no errors to accumulate. Why am I helping u? He will rather seek life in prison without parole for Paul Moore. The letter read: I am responsible for the panel explosion. Peter had difficulty with reading comprehension. In those instances, a defendant's prior bad acts are admissible. 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. ROGER HICKEL OBITUARY. He thought the police were there to search for medical marijuana he was growing. Cemetery Records. 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. "Paul was afforded a fair. His reputation in the community would make Peter the more likely suspect than Paul. He stressed that Peter's history of acting out with physical force, coupled with his hatred for Roberto and his lifelong ambition to work his grandfather's farm, constitutes overwhelming evidence that Peter was the murderer. 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. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. 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. My house and property are protected, larger devices. 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. "My sister-in-law is friends with the family," he said. His body was still burning when the firefighters arrived. 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. The target is brother of target one and drives Chevy. We concur: 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. The letter stated: Ayala was actually warned what would happen if he screwed with these people. 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. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. 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. Higher wind gusts possible.. They seized this sheet but not the sheets of paper below it. They will find him. She also testified the labels on the envelopes sent to the sheriff were consistent with those on Paul's file folders, with the same type of polyester backing and the same type of acrylic-based adhesive. 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. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. 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. As an adult, he became a football coach but was fired for his aggressiveness toward a student. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. He acknowledges, as he must, that our task is to review the whole record in the light most favorable to the jury verdict to determine whether it discloses substantial evidenceevidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. 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. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. Search by Name, Phone, Address, or Email. Most significantly, they shared their animosity toward Roberto Ayala. Are you concerned about the rising tensions with North Korea? The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. 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. The attorney said he didn't take a fee to represent the Ayalas. Trig one, vibration activated. She thereafter requested the opportunity to offer a surrebuttal. The focus again, therefore, is not on just how probative the evidence was, but rather on how grave the risk of prejudice admission of the old incident presented. 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. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. He explained that he had posted a message entitled Horrible Tragedy on a sports gambling Web site wherein he described the death of Roberto Ayala. Considered in context, there is no danger the jurors were misled or that the document examiner's expert testimony was falsely elevated to the stature of DNA evidence. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. Diane Nichols, under appointment by . Because the My Life document was highly probative, it is not surprising or improper that the prosecutor quoted it in the opening of his rebuttal argument. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. 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. He learned that a bell rang every time a verdict was made. 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. Of Paul Moore, Poyner said, "the guy is evil. [Citation. In the second message, Peter said he had worked for 21 years so he could have a chance to farm; that he wanted his grandfather's farm to stay in the family, but his father had disinherited him; that he and Roger were now screwed and he was not going to get a chance to farm; that he had never had a father except biologically; that his father was a douchebag and had never given him a penny; that Roger could not see the Ayala boys over there ripping [him] off blind; and that Roberto had his kid driving the harvester. Our sole duty, as we wrote at the outset, is only to insure that there is substantial evidence to support the verdict this jury reached. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. Winds S at 20 to 30 mph. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Offer condolences/tributes, send flowers or create an online memorial for free. He lived with his parents and. The next guy might not catch the error in info and the wrong person will die. Find Dr. Moore's phone number, address, hospital affiliations and more. 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. Paul is Roger's son. His son heard a loud explosion and saw his father on fire. Paul appears to have suffered more quietly than his cousin. Roger is Pauls father. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. 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. 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. He needs to be careful. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. 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. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. The prosecution argued that Paul was attempting to taunt the police. Whether wiretapping is relatively simple or exceedingly complex, it takes a certain degree of knowledge to tap into someone's phone line. 13.56.206.54 Paul was afforded a fair trial. Fill out this form to submit a Letter to the Editor. 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. We find no merit in Paul's objection to the admissibility of his own life story. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. 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. According to Paul, something had been placed at the pump to cause the explosion. Sorry, there are no recent results for popular videos. Rainfall near a quarter of an inch. Expert in Vietnam devices. 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. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Low 41F. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. Paul Moore of Grimes,. The investigators took possession of three computers and three cellular telephones. ARLAN MOORE OBITUARY . 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. McNary-Moore Funeral Service in Colusa, CA. As they were driving, they noticed Paul's truck behind them. He was born January 23, 1935, in Turner . Roger made two police reports based on Peter's threats to physically assault him. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Tucker reported the incident to the sheriff and to Roger. Sorry, there are no recent results for popular images. 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. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. This vehicle info is the same as the first job. Chance of rain 100%. February 7, 2023 (78 years old) View obituary. Moore was convicted of killing Roberto Ayala. Copyright 2023, Thomson Reuters. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. The money is good. 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. 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 finally found the Ford, and now it is driven by some young guy, not the brother. The text of the letter was a photocopy of the original; it too contained printed label strips made with a label maker. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. As soon as that door starts to open, that washer is free. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. Of course, the evidence was damaging, for it confirmed the prosecution's basic theory of the case, that a disappointed, angry, and envious man killed the foreman who threatened him most in his father's eyes. The outside square of the diagram is the electrical box that we've described.. This was my first and final job. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. The two felt Roberto received more respect than them. 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. I am over this life. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. NICHOLSON, J. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. BLEASE, J. Im going to get that F*****.. Peter's best friend, Blane Martin, countered this narrative. 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. Peter testified he was going to physically beat up Roberto. We have carefully evaluated the quantum and sufficiency of the evidence that it was Paul who murdered Roberto in the context of the whole record, and we have examined each of the pieces of evidence he contends proves that it was Peter who designed, built, and planted the victim-activated explosive device. 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. In short, he could not tell them apart. He explained that the indented sheet appeared to have been placed beneath the document that was actually written even though some of the lines did not align perfectly. 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. He thought he was safe in the States. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. But 12 jurors of Pauls peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala, and we must respect their verdict., The appeals court also said that Paul complained bitterly about his life growing up on the farm and felt mistreated by everyone., The Sun Herald article states that the appeals court said the murder case was a classic whodunit. ), 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. Winds S at 20 to 30 mph. Paul told the investigators that Peter had been around the explosion site one day before the explosion. 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. At the same time, their sons, Peter and Paul, respectively, hated Ayala. God [sic] luck. Paul was eventually arrested for the murder of Roberto Ayala. We have completed one-half of our job by presenting the circumstantial evidence from which the jurors could have reasonably inferred that Paul had the familiarity with Roberto Ayala's work routine and how to operate the irrigation pump as well as the opportunity to plant the bomb and the unique skill set in electrical and mechanical design to have constructed the victim-activated explosive device that killed him. So, heres everything you need to know about Roger Moore. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Simply put, the jury concluded beyond a reasonable doubt that based on this evidence, Paul was guilty of first degree murder.
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