We disagree. 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. 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. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. He faces life in prison without parole So, heres everything you need to know about Roger Moore. He was a boxer in high school. Recipients of payments . Rainfall around a quarter of an inch. ADVICE: Are North Americans wimps when it comes to pain tolerance? They attempted other ventures that failedPaul in construction, Peter in starting a sod business. A defendant's writings have been admitted to prove motive over defense objection. 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. Gene Wesley Beauchamp, of Colusa, CA, passed away on January 11, 2023, at the age of 74. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. 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. 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. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. . The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. 497, 508.) 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. 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 wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. Paul injured his back and had to give up construction. It's leveraged in between there. Paul Moore convicted in Colusa bombing death, Animals in and out of control: Yuba and Sutter counties clarify common animal complaints, I view this as a solution: Habitat proposes 217-unit affordable housing apartment complex in Yuba City, Chili cook-off heats up Yuba City Moose Lodge, Marysville man serving time for attempted murder dies in prison, Plumas Lake man to be sentenced in case of pure evil, Caretaker who stole from the tulip lady gets community service, Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. "Do I think Paul did this? This is why I refused this job, but the next guy might kill both to ensure payment. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. Colusa, CA. The wiretapping occurred in 1995 or 1996. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. Previously driven by target one. Half of the amount will go to. On August 17 Paul went to the police station voluntarily. 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. A forensic document examiner compared the sheet of paper with the indentations that had been seized from Paul's residence to the diagram of the bomb mailed to the Colusa County Sheriff's Department. 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. He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. One of the investigators described the diagram of the bomb as follows: It's a diagram that has writing around the diagram and on the diagram. Paul and his young friend were burned in the explosion they caused, but their injuries paled by comparison to the injuries suffered by Roberto when the bomb he activated set him on fire and electrocuted him. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. It is true that the prosecution did not elicit testimony from the ex-father-in-law or from anyone else about what electrical knowledge was necessary to wiretap a telephone. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Periods of rain. The delivery and return addresses were printed label strips made with a label maker. The letter stated: Ayala was actually warned what would happen if he screwed with these people. Gene attended Colusa High School and . 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. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. We turn to counsel's arguments, the objections that were lodged, and the trial court's rationale in denying the defense request to make a surrebuttal argument and denying its later motion for a new trial. The investigators took possession of three computers and three cellular telephones. The two felt Roberto received more respect than them. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. Cloudflare Ray ID: 7a2e78bba8bccfb8 Becoming windy overnight. As an adult, he became a football coach but was fired for his aggressiveness toward a student. 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. 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. Your IP: According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) "Paul was afforded a fair. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. 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. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. The bomb exploded, injuring Paul and his friend. 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. Chance of rain 100%. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. The governing District was organized on July 16, 1923. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. He thought he was safe in the States. "That's why I took the case.". Click to reveal Ct. No. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) Location and meter number for panel. Since he was seven, when his father was tragically killed, he is 16 years old now. Paul alleges the trial court erred by denying his request to offer a surrebuttal to the second prosecutor's rebuttal and depriving him of the opportunity to offer a reply to the facts and arguments he had not raised in his own closing argument. As soon as that door starts to open, that washer is free. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. 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. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. And, of course, he was ostracized from the farm and estranged from his father. Based on Peter's violent disposition and the threats he leveled at Roberto, among others, the rat trap YouTube video found on his computer, his basic understanding of electrical devices sufficient to enable him to install electric sprinkler systems, his familiarity with the field and with Roberto's responsibilities, his opportunity to plant the bomb, and his compelling motive to remove him from the farm, Paul argued that Peter planted the bomb that Roberto activated when he opened the electrical box to adjust the water levels on the rice field. 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. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. 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. The potential prejudice of admitting the evidence was slight. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. Records published here were acquired from Colusa . ADVICE: Are North Americans wimps when it comes to pain tolerance? Roberto's death occurred against the backdrop of great family disharmony and dissension between the two principals in this deadly drama, Peter and Paul, cousins whose fathers were the sons of Richard and Mimi Moore, owners of an 1,800-acre farm near Colusa. Roger David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. On that same day, Paul cast aspersions on Peter. 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. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. 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. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. The investigators placed a GPS (global positioning system) device on his truck, devices that often malfunction. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. Trig one, vibration activated. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. I received another package via USPS, target two, I will not take this job because the info I received is wrong. 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. Peter threatened both his uncle and his father. The prosecution argued that Paul was attempting to taunt the police. The essence of Paul's argument is that the wiretap had minimal probative value because of the lack of evidence as to the quantum of knowledge necessary to build the bomb that killed Roberto. Find Dr. Moore's phone number, address, hospital affiliations and more. Contact us. The letter read: I am responsible for the panel explosion. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. A Sacramento County jury found him guilty on Aug. 23. The settlement also included about $44,800 in worker's compensation payments. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. He had not been allowed to work on the farm for over 21 years. 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. 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. Paul concedes that the standard of review is an abuse of discretion, but he cautions us not to rely on the colorful descriptions and derisive boilerplates the Attorney General uses to describe abuse of discretion, including such catchphrases as a court abuses its discretion when the ruling is arbitrary, capricious, or patently absurd, resulting in a manifest miscarriage of justice. Rather, he insists the ultimate question is whether the court's ruling was unreasonable in light of the governing law and the facts presented. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. Why am I helping u? In short, he could not tell them apart. The jury reasonably could have concluded that his conduct following the explosion was incriminatorymanufacturing spikes that were found in the road and taunting the police in a dramatic chase. 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. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. (Evid. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Over defense objection, Paul's ex-father-in-law testified that Paul apologized to him for tapping his daughter's telephone when they were going through a divorce, putting some kind of recorder under her modular home so he could monitor conversations. It will be reassigned in five weeks. Gus was . Winds S at 20 to 30 mph. 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. Roger is Pauls father. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. #Dateline tonight at 9/8c. IPeter or Paul: Substantial Evidence to Support the Verdict. The vehicle, a 2006 Ford F-250, will be sold, he said. Im going to get that F*****.. From this evidence, the jury could reasonably infer that because Paul was familiar with Roberto's routine, he could specifically target Roberto by placing the bomb in an electrical pump panel he knew Roberto would be operating. 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. 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. Poyner said that after the verdict was announced, he called Peter Moore. Becoming windy overnight. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) We are not at liberty to reweigh evidence or revisit credibility issues. Winds S at 20 to 30 mph. Sorry, there are no recent results for popular videos. 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. 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. There is no question, however, that the evidence was remote in time. "We've waited 25 months and. 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. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. There is no direct evidence that Peter knew Roberto's precise work schedule or routine, but a jury could reasonably infer that he understood that a foreman's responsibility included adjusting the water levels on the rice fields. 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. 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. 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. 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. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. 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. ROGER HICKEL OBITUARY. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. 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. Code, 1101, subd. Peter's house was searched a few days after the explosion. Expert in Vietnam devices. The money is good. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. 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. He could not retrieve his father's cell phone because his father was on fire. Defense attorney Linda Parisi argued that Paul Moore's cousin, Peter, was responsible for the bomb in the three-week Colusa County Superior Court trial that was moved from Colusa to Sacramento. 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. For example, Roberto traveled with Peter to a seminar about operating a sod business, but when Peter expressed interest in purchasing a harvester, Roberto alerted Roger, and Roger disapproved of the purchase. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. 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. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. The attorney said he didn't take a fee to represent the Ayalas. While Moores exact net worth as of 2020 is unknown, he must be worth millions. Paul appears to have suffered more quietly than his cousin. 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. provides funeral home, burial, veteran,. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. 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. But the determinative question is whether the trial court abused its discretion by finding the risk of prejudice did not substantially outweigh whatever probative value the evidence had. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. 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. Whoever is driving the Ford is very much in danger. 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. Farm accidents are as old as the wheel, but was this an accident? They want the brother, but it is now driven by some young guy, or do they want the young guy? 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. Nothing precluded defense counsel from confronting that evidence in her closing argument. Evidence Code section 352 provides the framework: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. In other words, the trial court is accorded considerable discretion to carefully balance the competing interests in admitting probative evidence and in excluding evidence that unfairly prejudices a defendant, and an appellate court will overturn the exercise of discretion only when the trial court's assessment appears to exceed the bounds of reason.
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