But that is not to say a wiretap does not have sufficient probative value to merit admission, and given the minimal risk of potential prejudice, the trial court did not abuse its discretion by admitting evidence that did offer some probative value into the extent of Paul's knowledge about building and connecting electrical and mechanical devices. 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. 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. Rainfall around a quarter of an inch. 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.. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. Whoever is driving that white F-250 is in great danger. On top of that, Roger surely had the resources to ensure everyone was looked after. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. 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. Believe me and have time to do something to help these guys.. As they were driving, they noticed Paul's truck behind them. I would decline anyway because I saw target two with his girls and that I can't deal with. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. Installing a device inside such a panel is a highly dangerous activity. 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. All of these considerations could factor into the trial court's delicate weighing process. The indented sheet had his fingerprints all over it, the paper matched paper from his house, the ink matched ink in the printer from his house, the labels matched his labels, and the fishing line attached to the bolt matched fishing line from his boat. 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. Prosecution experts did not find any evidence of value on Peter's devices. But Peter's situation was far different. The potential prejudice of admitting the evidence was slight. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. If u come 4 me, call first. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. We accept for purposes of this issue the trial court's characterization of the defense closing argument. Beyond the substance of the arguments, Paul contends the prosecutors sandbagged him by withholding the most powerful evidence until rebuttal and depriving him of the opportunity to answer that evidence. On July 12, 2011, Peter had texted Paul that he had been landscaping for 21 years, needed to get out, wanted to farm, was trying to get people to talk to Roger, and hoped that Paul would talk to Roger to help him get started farming. He noted that in a stack of paper, indentations can appear five pages down. He also testified that Paul had told him that Roberto had said he was only good for picking up trash and that Roberto would be receiving Peter's inheritance. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. 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. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) And Roberto Ayala, in particular, was the target of his wrath. It's a very rapid event. Even though Paul Moore was the "sole. (People v. Kipp (1998) 18 Cal.4th 349, 369. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. BLEASE, J. 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. First, he complains the prosecutors sandbagged him by engaging one prosecutor, who played a more minor role at trial, to make a perfunctory opening argument, saving its genuine substantive attack by the prosecutor who conducted the bulk of the examination. 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. 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. 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. 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. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. 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. [Citation. 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. After a career of killing, I want to save a life before I take my life. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". 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. 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. The boy witnessed the explosion that killed his father. Paul Roger Moore was found guilty today of murdering Roberto Ayala. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. He was responsible for regulating the water levels on the rice fields. He has endangered others in his family. Both suffered physically. Becoming windy late. 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. Peter had difficulty with reading comprehension. 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. Records published here were acquired from Colusa . 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. 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.
Paul Moore murder conviction upheld | Colusa Sun Herald | appeal They seized this sheet but not the sheets of paper below it. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. 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. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . They will find him. The bomb is set off.. 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. As soon as that door starts to open, that washer is free. SACRAMENTO, Calif. - Paul Moore was convicted in state court announced Colusa County District Attorney John R. Poyner, Colusa County Sheriff Scott D. Marshall, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), San Francisco Field Division Special Agent in Charge Joseph M. Riehl. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. He thereafter refused to come back for any additional interviews. Paul appears to have suffered more quietly than his cousin. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. On August 17 Paul went to the police station voluntarily. Clearly the jury was aware of which witnesses had been called by which side, and such a statement could not reasonably mislead any juror on that point.. 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 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. 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 family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said last Wednesday. Ultimately, the Ayala family was awarded $20 million. Roberto Ayala was killed by a victim-triggered bomb when he. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. provides funeral home, burial, veteran,. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon.
Paul Moore convicted in Colusa bombing death - Appeal-Democrat 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. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. I have nothing to say to that man, other than bye-bye.". Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. PAUL ROGER MOORE, Defendant and Appellant. Ct. No. 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. He felt mistreated by everyone, including Peter. Someone will take it. 3 Crim. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. On appeal, Paul challenges the court's denial of her request. . The settlement also included about $44,800 in worker's compensation payments. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. He was born January 23, 1935, in Turner . Roberto was not an impediment to his ambitions. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record.
Arlan Moore Obituary (2015) - Colusa, CA - Appeal Democrat - Legacy.com Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. The two felt Roberto received more respect than them. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. Find Dr. Moore's phone number, address, hospital affiliations and more. ADVICE: Are North Americans wimps when it comes to pain tolerance? The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. Eschewing the old formulation characterizing a prosecutor's behavior as misconduct and urging us to consider the more forgiving label of prosecutorial error, the Attorney General defends the prosecutor's rebuttal argument and insists the court did not err by foreclosing the defense from making a surrebuttal argument as requested.
McNary-Moore Funeral Service Obituaries - Echovita Paul Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. But apparently they had little difficulty reaching their verdict. 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. 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. (b).) Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. Fill out this form to submit a Letter to the Editor. and plate number. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Paul, not Peter, used abbreviations such as u and 4 in his text messages. 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. The writing is comprised in a similar fashion as the letters themselves. Eduardo Ayala testified that he knew Peter characterized him and his coworkers as a lazy group of drug addicts and alcoholics who would ruin the Moore brothers' agricultural business. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. 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. Medicare vs. Medicare Advantage. January 28, 2023 (85 years old) View obituary. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution.