Robert John Vierra. He was able, however, to install electrical sprinkler systems. 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. I received another package via USPS, target two, I will not take this job because the info I received is wrong. Moore was cuffed and booked at the Colusa County Jail at the age of 47. On October 3 investigators also found spikes down a private farm road. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. In describing his life, he pondered what he had done to be treated so poorly by his own family. We conclude the risk was very low. 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. He will rather seek life in prison without parole for Paul Moore. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. The next guy might not catch the error in info and the wrong person will die. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. I would decline anyway because I saw target two with his girls and that I can't deal with. Previously driven by target one. Paul Moore, a family friend of Ayalas, 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. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. Paul told the investigators that Peter had been around the explosion site one day before the explosion. Rainfall near a quarter of an inch. Code, 1101, subd. 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. This vehicle info is the same as the first job. 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 the same time, their sons, Peter and Paul, respectively, hated Ayala. The attorney said he didn't take a fee to represent the Ayalas. Im going to get that F*****.. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. Farm accidents are as old as the wheel, but was this an accident? Since he was seven, when his father was tragically killed, he is 16 years old now. 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 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. As an adult, he became a football coach but was fired for his aggressiveness toward a student. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. Information is scarce, especially since Moore does not seem to have any social media presence. A Sustainable Legacy Founded over 90 years ago, at Moore Farms we vow to apply our family farming experience toward growing the finest produce for you, the customer and consumer. Paul was eventually arrested for the murder of Roberto Ayala. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. Paul Wynn Jan. 12, 2023. He noted that in a stack of paper, indentations can appear five pages down. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Roger David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. Chance of rain 100%. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. 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. 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. We are not at liberty to reweigh evidence or revisit credibility issues. Medicare vs. Medicare Advantage. In addition, he had a violent disposition and leveled threats to harm not only Roberto, but his father, his uncle, and many others who upset him. From 1995-2014, they received grants worth $2.1 million. The defense argued that Peter had been present at the scene of the explosion. Low 41F. Roger made two police reports based on Peter's threats to physically assault him. Your IP: Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. The fact that the prosecutor chose to highlight the damaging evidence only in response to the defense claims that Peter, not Paul, had killed Roberto Ayala and that he had no motive or nothing to gain from the killing was a strategic choice the prosecutors made. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. And Roberto Ayala, in particular, was the target of his wrath. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. Express your opinion! 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. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. He remained so bitter toward his father he begged his grandmother to disinherit him. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. (People v. Morris (1988) 46 Cal.3d 1, 21.). The wiretapping occurred in 1995 or 1996. . To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. The bolts were just like the bolt discovered at the scene of the explosion. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. 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 formulates two attacks arising from the prosecutor's final argument in rebuttal. Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. Paul Roger Moore, 49, is facing life in prison with no chance of parole after his first-degree murder conviction with the special-circumstance allegation that he killed Roberto Ayala, 43, by planting. 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. He was a boxer in high school. 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. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. "The bells of justice have finally rung for us," Ayala said. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. Installing a device inside such a panel is a highly dangerous activity. Name, age, vehicle I.D. God [sic] luck. One of Pauls complaints was that Peter got an air-conditioned cab, while he drove the tractor, simply because he was unbearable to work with, otherwise. He was the farm foreman. Eight stamps were attached for postage. 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. Paul Moore of Grimes,. You have permission to edit this article. Most significantly, they shared their animosity toward Roberto Ayala. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Would love your thoughts, please comment. Whoever is driving that white F-250 is in great danger. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. Winds S at 20 to 30 mph. 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. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . Clearly, over the years he earned the trust and respect of Roger and Gus. 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. 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. But it is the jury's prerogative, not ours, to weigh the evidence. Thus, he was suggesting by analogy that the document examiner could not say the papers were a positive match. The trial court rejected the defense claim that the prosecutor improperly had compared paper stock analysis to DNA analysis when there was no DNA analysis in evidence. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. February 3, 2023 (75 years old) View obituary. 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.. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. 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. Paul complained that Roberto was accorded special privileges, such as keeping sheep and goats by the farm workshop, drinking beer while working or after work, and driving company vehicles home. (People v. Kipp (1998) 18 Cal.4th 349, 369. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. It's a very rapid event. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. It's leveraged in between there. Sorry, there are no recent results for popular videos. He lived with his parents and. 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. Roger, Pauls father, got tied up in a civil suit brought by Ayalas wife, where she alleged that he must have been aware or should have been aware of Pauls malice and past criminal activities. He ran for about two miles to get help. 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 letter read: I am responsible for the panel explosion. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. This website is using a security service to protect itself from online attacks. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. On top of that, Roger surely had the resources to ensure everyone was looked after. 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. They attempted other ventures that failedPaul in construction, Peter in starting a sod business. 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. 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. He has endangered others in his family. He faces life in prison without parole 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. (CALCRIM No. 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. McNary-Moore Funeral Service in Colusa, CA. His trial lawyer provided excellent representation and advocacy. Affirmed. Periods of rain. Moore is the owner of the Moore Brothers Farm. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. Cloudflare Ray ID: 7a2e78bba8bccfb8 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. While Moores exact net worth as of 2020 is unknown, he must be worth millions. 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. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. IPeter or Paul: Substantial Evidence to Support the Verdict. 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. 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. 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. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. They asked for the testimony of only one witness to be reread to them. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The prosecution need not, as we know, prove motive. Rain. He was responsible for regulating the water levels on the rice fields. We concur with the trial court's analysis that [t]his comment can, in the context of a case where the prosecution presented dozens of witnesses over several weeks, only fairly be understood as a comment that witnesses can be called by either side. 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. On August 17 Paul went to the police station voluntarily. December: On December 6 Paul's house was searched. He had not been allowed to work on the farm for over 21 years. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. 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. His body was still burning when the firefighters arrived. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. 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. On appeal, Paul challenges the court's denial of her request. There is no question, however, that the evidence was remote in time. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. 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. Taken together, their expert opinions constitute substantial evidence from which the jurors could reasonably infer that Paul was the author of the incriminating letters to the investigators and that it was the author of those letters with the knowledge of the intricacies of the bomb who must have designed, created, and planted it. Gus was . 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. Ayala was killed in an explosion in 2013. Winds S at 20 to 30 mph. Believe me and have time to do something to help these guys.. Two-inch gallon pipe and quart of gasoline in plastic bottle. Becoming windy overnight. "I feel like I've lost two sons in one time," Roger Moore said. 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. The fact that the document described the history of the family only added to its probative value. I have nothing to say to that man, other than bye-bye.". 107 5th St, Colusa, CA. Winds S at 20 to 30 mph.
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