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Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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.' Roberto's seven-year-old son told the investigators and testified at the preliminary hearing that he did not move or drive the truck after the bomb exploded. Express your opinion! After a career of killing, I want to save a life before I take my life. August: On August 11 the investigators were informed that the chemical testing of the fragments from the explosion indicated the presence of nitroglycerine, a chemical used in explosives. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. ), Nevertheless, the Legislature also recognized that some otherwise inadmissible character evidence should be considered by a jury because it is relevant to prove identity, intent, or knowledge. His body was still burning when the firefighters arrived. Low 41F. 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 took on additional responsibilities as his back healed, and by July 2011 Roger had decided to bring on Paul as a 50 percent partner of his half of the farm operation. Copyright 2023, Thomson Reuters. Previously driven by target one. Clearly, they both had hoped to assume managerial positions on the farm. Paul objects to the prosecutor's use of a DNA analogy. Colusa, CA. We agree with the trial court that the document was therefore relevant to prove motive. Peter's best friend, Blane Martin, countered this narrative. He thought the police were there to search for medical marijuana he was growing. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. 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. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. Roberto Ayala's Murder: 5 Fast Facts You Need to Know Installing a device inside such a panel is a highly dangerous activity. 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. Neither cousin was happy with his place within the family hierarchy. The forensic testimony provided the most compelling evidence against Paul. Ct. No. He remained so bitter toward his father he begged his grandmother to disinherit him. And Roberto Ayala, in particular, was the target of his wrath. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. According to Paul, something had been placed at the pump to cause the explosion. 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.. 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. Eight stamps were attached for postage. Ayala was killed in an explosion in 2013. In describing his life, he pondered what he had done to be treated so poorly by his own family. 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 next guy might not catch the error in info and the wrong person will die. 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. In sum, there is an abundance of circumstantial evidence that either Peter or Paul, or perhaps Peter and Paul together, built and planted the bomb that killed Roberto Ayala. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. 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. 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. Rainfall near a quarter of an inch. Higher wind gusts possible.. 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. A state appeals court this week upheld Paul Moore's murder conviction. Arlan Moore Obituary (2015) - Colusa, CA - Appeal Democrat - Legacy.com I am military trained. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. McNary-Moore Funeral Service Obituaries - Echovita 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. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. provides funeral home, burial, veteran,. And he drove his ATV over the field with his friend Blane Martin on a regular basis. 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. According to Case Law, Paul Moore regarded the Ayala brothers with animosity and said of Roberto, Those son-of-a-b******, they are trying to take over my life. 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. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. And while it may be doubtful that Paul killed the farm's foreman to accelerate his own position given that his father had already decided to partner with him, he certainly felt aggrieved and humiliated that he had been denied the opportunity to become the foreman when he graduated from high school and that, throughout his life, those employees like Roberto Ayala who were not part of the Moore family were valued more and treated better than either Peter or Paul. 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. Titled Family Business, the episode shows how the murder took place against the backdrop of the Moore family saga. 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. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. 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. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. Later, as a father, Paul taught Gunner how to hard-wire electronics to his car battery so he would not have to use the cigarette lighter to power the electronics in his car. The settlement also included about $44,800 in worker's compensation payments. 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. The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. 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. Paul Moore is currently serving life in prison without the possibility of parole. What is Roger Moore's Net Worth? February 3, 2023 (75 years old) View obituary. He had not been allowed to work on the farm for over 21 years. Where is Paul Moore Today? - The Cinemaholic Paul Roger Moore was found guilty today of murdering Roberto Ayala. His trial lawyer provided excellent representation and advocacy. 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. (People v. Morris (1988) 46 Cal.3d 1, 21.). ADVICE: Are North Americans wimps when it comes to pain tolerance? "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. He was born January 23, 1935, in Turner . Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Robert John Vierra. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. CR53504) The prosecution argued that Paul was attempting to taunt the police. January 28, 2023 (85 years old) View obituary. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. This was my first and final job. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. A Sacramento County jury found him guilty on Aug. 23. Who is Roger Moore? Where is Paul's Father Now? Roger Moore's Net Worth The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. 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. Three days later, they received another letter containing a diagram of the device. 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. I finally found the Ford, and now it is driven by some young guy, not the brother. Paul appears to have suffered more quietly than his cousin. 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. 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 Oxygen-Acetylene Bomb: Similarly, the evidence that Paul had mixed oxygen with acetylene to produce an explosion when he was in his early to mid-twenties also had some probative value about his knowledge, even if primitive, of bomb making. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. 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. They asked for the testimony of only one witness to be reread to them. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. 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. 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. Lynette Marie Clark. BLEASE, J. 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. On appeal, Paul challenges the court's denial of her request. 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. Tucker reported the incident to the sheriff and to Roger. Since he was seven, when his father was tragically killed, he is 16 years old now. We concur: pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. Roger is Pauls father. Records published here were acquired from Colusa . But Peter's situation was far different. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. He was responsible for regulating the water levels on the rice fields. I am over this life. They seized this sheet but not the sheets of paper below it. The letter stated: Ayala was actually warned what would happen if he screwed with these people. He has endangered others in his family. He was born on August 14, 1948, to Leonard and Lona Beauchamp. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. The writing is comprised in a similar fashion as the letters themselves. He was fired as the director of a duck club because he offended some of the members. He denied involvement in the explosion, declaring it was a chicken shit way for somebody to do it. As mentioned earlier, he claimed he had little experience with electrical devices and no experience with the irrigation pumps. "The bells of justice have finally rung for us," Ayala said. While it might sound like a humble title, Roger is seemingly quite well off. The settlement also included about $44,800 in worker's compensation payments. Man Convicted Of Killing Farmworker Using Explosive Device Connected To The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Once it gets free enough to the point, and that won't take a whole lot, that washer drops or is free, and then that bolt drops, pulls the line through the first nut on the top, pulls the nut or the line through the bottom nut over here, the second one, which yanks on this little trigger right there releasing the bale. Expert in Vietnam devices. 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. 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. On top of that, Roger surely had the resources to ensure everyone was looked after.