Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. 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's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. [Citation. Poyner said that after the verdict was announced, he called Peter Moore. January 28, 2023 (85 years old) View obituary. Moore is the owner of the Moore Brothers Farm. 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. 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. They asked for the testimony of only one witness to be reread to them. His son heard a loud explosion and saw his father on fire. Information is scarce, especially since Moore does not seem to have any social media presence. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. In denying Paul's motion for a new trial on this ground, the trial court stated that the prosecutor's offhand and brief comment could not be fairly construed as arguing character. 3 Crim. And Roberto Ayala, in particular, was the target of his wrath. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. Robert John Vierra. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. Low 41F. This website is using a security service to protect itself from online attacks. The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. Roberto Ayala was killed by a victim-triggered bomb when he. 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. Roger Moore was believed to be worth 80 million when he died in May 2017 The 007 actor had 30m in property including a luxury Monaco apartment His fourth wife Kristina, 77, was placed into . Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. Ayala was killed in an explosion in 2013. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. 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. 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. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. I am sure MS-13 will figure out I tipped authorities and will soon come for me. 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.' Becoming windy overnight. Both suffered physically. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. There was no undue consumption of time since Paul's ex-father-in-law explained what he knew about Paul's involvement in creating an explosion in a paragraph or two. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Motive is one of the elements the defense argued most vehemently. There was no direct evidence of who designed, constructed, or placed the explosive device. Offer condolences/tributes, send flowers or create an online memorial for free. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. Winds S at 20 to 30 mph. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. 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. (Evid. I would decline anyway because I saw target two with his girls and that I can't deal with. He lived with his parents and. 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. Peter was more vocal, but Paul built the bomb that killed him. Paul objects to the prosecutor's use of a DNA analogy. The investigators took possession of three computers and three cellular telephones. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. Whether we conclude that despite our reservation the trial court did not abuse its discretion or that, even if there was an abuse of discretion, the failure to allow surrebuttal was harmless beyond a reasonable doubt, our rationale is essentially the same. Furthermore, the trial brought to light that Rogers enterprise had several vehicles and machinery, which employees like Roberto were allowed to take for personal use. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. Paul is Roger's son. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. 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. All rights reserved. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. 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. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. Higher wind gusts possible. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. Paul Moore is currently serving life in prison without the possibility of parole. Chance of rain 100%. We agree with the trial court. 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. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. 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 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. (People v. Vereneseneckockockhoff (1900) 129 Cal. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Ultimately, the Ayala family was awarded $20 million. Winds S at 20 to 30 mph. Without debating semantics, the point is that we must defer to the trial court's determination whether the evidence is substantially more prejudicial than probative unless the court has strayed too far from what is reasonable and sound. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. Again, the limited scope of appellate review presents an insurmountable obstacle. 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. 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. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. 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. The target is brother of target one and drives Chevy. Gene attended Colusa High School and . Dateline on NBC sheds light on the horrific murder of Roberto Ayala. After a career of killing, I want to save a life before I take my life. He was born on August 14, 1948, to Leonard and Lona Beauchamp. Paul Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. Peter had difficulty with reading comprehension. 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. An explosive enforcement officer testified that booby trap devices are victim-operated. He explained that just above the pipe bomb was a mouse-trap assembly that was used as a trigger. 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. 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. 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. 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? He assumed Peter was trying to get him fired. Powered by. This information was not disclosed to the public. The case is a classic whodunit. The Legislature therefore has declared that evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion. (Evid. Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. Moore Brothers * Grimes, CA 95950: $1,366,301: 86: J & S Farms * Colusa, CA 95932: $1,338,492: 87: . Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. 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. Half of the amount will go to. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. Sorry, there are no recent results for popular videos. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. 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. Express your opinion! Fill out this form to submit a Letter to the Editor. We must accept its determination. Paul maintains the prosecutor's comparison to DNA analysis imputed an accuracy to the paper and ink analysis that was not in evidence, and therefore it was error to allow the prosecutor to argue the ink, paper, and labels were matches. We agree with the trial court that the argument was permissible as a mere example or analogy. McNary-Moore Funeral Service in Colusa, CA. "I feel like I've lost two sons in one time," Roger Moore said. 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. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. Diane Nichols, under appointment by . 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. We conclude the risk was very low. 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. 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. She thereafter requested the opportunity to offer a surrebuttal. Clearly, over the years he earned the trust and respect of Roger and Gus. Rainfall near a quarter of an inch. 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. "We've waited 25. Even though Paul Moore was the "sole. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. 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. He remained so bitter toward his father he begged his grandmother to disinherit him. 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. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. Someone will take it. NICHOLSON, J. Affirmed. He is also survived by his brother, Roger Moore. 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. 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. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. Your IP: They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. Installing a device inside such a panel is a highly dangerous activity. Paul returned to work on the farm a few years before the explosion. A Sacramento County jury found him guilty on Aug. 23. On appeal, Paul challenges the court's denial of her request. 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. But the degree of sophistication it takes to wiretap is not dispositive. Most significantly, Peter broadcast his contempt for Roberto. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. On October 3 investigators also found spikes down a private farm road. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . He thereafter refused to come back for any additional interviews. 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. His reputation in the community would make Peter the more likely suspect than Paul. 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. If u come 4 me, call first. The delivery and return addresses were printed label strips made with a label maker. But apparently they had little difficulty reaching their verdict. 107 5th Street, Colusa, CA 95932 Contact us. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. On November 24 they noticed the device was not working and they went to Paul's house to investigate. 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. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. Location and meter number for panel. 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. Clearly, they both had hoped to assume managerial positions on the farm. Published: Jun 17, 2016 Total records: 5,262. Paul injured his back and had to give up construction. He said Paul Moore is the "sole inheritor of the Moore family fortune." He was able, however, to install electrical sprinkler systems. He could not retrieve his father's cell phone because his father was on fire. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. 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. On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. In short, he could not tell them apart. Becoming windy overnight. 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. 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. 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. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. (a). 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. Higher wind gusts possible.. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. 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. Here the prosecution sought to prove that Paul disliked Roberto Ayala, believed he was a liability to the farm, and thought that his removal would allow Paul to assume greater managerial responsibilities. Roger is Pauls father. The writing is comprised in a similar fashion as the letters themselves. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. 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. 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. "Paul was afforded a fair. On top of that, Roger surely had the resources to ensure everyone was looked after. Whoever is driving that white F-250 is in great danger. From this evidence, the jury could reasonably infer that Paul had both the aptitude and unique skill set needed to build the type of explosive device that killed Roberto Ayala. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. The letter stated: Ayala was actually warned what would happen if he screwed with these people. 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. READ NEXT: Susan Susie Caseys Murder: 5 Fast Facts You Need to Know, Paul Moore, Roberto Ayalas Convicted Killer, is Serving Life in Prison, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. 107 5th St, Colusa, CA. 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. Becoming windy late. 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. (People v. Morris (1988) 46 Cal.3d 1, 21.). Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. The potential prejudice of admitting the evidence was slight. Name, age, vehicle I.D. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. The admissibility of uncharged acts depends upon three principal factors: (1) the materiality of the fact sought to be proved or disproved; (2) the tendency of the uncharged crime to prove or disprove the material fact; and (3) the existence of any rule or policy requiring the exclusion of relevant evidence.' The investigators placed a GPS (global positioning system) device on his truck, devices that often malfunction. He had been angry and upset with the Moore family since he was 12 years old. Tucker reported the incident to the sheriff and to Roger. The settlement also included about $44,800 in worker's compensation payments. "(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. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. Paul Moore of Grimes,. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. By Harold Kruger Lab results will be military-grade powder, black spray-painted epoxy, no DNA. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. Find Dr. Moore's phone number, address, hospital affiliations and more. (b).) Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. 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. Would love your thoughts, please comment. 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. 13.56.206.54 Paul Roger Moore was found guilty today of murdering Roberto Ayala. He faces life in prison without parole 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,. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. Neither cousin was happy with his place within the family hierarchy. 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.
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