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.' His trial lawyer provided excellent representation and advocacy. Peter threatened both his uncle and his father. McNary-Moore Funeral Service in Colusa, CA. "Do I think Paul did this? 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. Records published here were acquired from Colusa . 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. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. 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. The governing District was organized on July 16, 1923. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. 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. Chance of rain 100%. David Moore's birthday is 01/17/1944 and is 78 years old. There were disagreements where Roger took Roberto's advice over that of his son or nephew. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Lynette Marie Clark. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. This vehicle info is the same as the first job. Most significantly, they shared their animosity toward Roberto Ayala. 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. Diane Nichols, under appointment by . There were pieces of metal shrapnel in his chest, neck, and brain. Without going as far as the prosecutor in overstating the probative value, therefore, we do conclude the risk of prejudice was so conspicuously slight that it did not substantially outweigh the probative value the explosion-making incident had in establishing that Paul did have some familiarity, even if rudimentary, with working with explosives. 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. Paul injured his back and had to give up construction. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. I got name, age, vehicle description, plate number and location. I will come peacefully or detonate all the devices.. At trial he explained he had difficulty understanding the documents he was asked to review, but that he could understand an oral description of their contents. Again, the limited scope of appellate review presents an insurmountable obstacle. 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. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. He could not retrieve his father's cell phone because his father was on fire. Having heard how Roberto Ayala had been burned and blown up, the evidence of a simple wiretap would not have so outraged or incited the jurors as to put them at risk of wrongfully convicting Paul because of this prior act. I would decline anyway because I saw target two with his girls and that I can't deal with. 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. "(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. 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. The email address cannot be subscribed. In describing his life, he pondered what he had done to be treated so poorly by his own family. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. 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. November: By November the investigation had targeted Paul. #Dateline tonight at 9/8c. According to Paul, something had been placed at the pump to cause the explosion. (Evid. This website is using a security service to protect itself from online attacks. Peter told Ruiz and Conedy-Ruiz he did not like Roberto, he was practicing karate to prepare him to fight Roberto, and he referred to Roberto as a son of a bitch. In either June or July of 2012 Peter told Ruiz and his wife to forget everything he had told them a year earlier. The freehand drawing has some arrows on it. 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. 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. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. Moore was cuffed and booked at the Colusa County Jail at the age of 47. The wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. 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. 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. We must accept its determination. Paul, not Peter, used abbreviations such as u and 4 in his text messages. It's a very rapid event. He is also survived by his brother, Roger Moore. Location and meter number for panel. Do I think Peter (Paul's cousin) did this? We know that his farm has rice fields and walnut orchards. 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. Your IP: Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. Ultimately, the Ayala family was awarded $20 million. ), Wiretapping: In opposition to the defense motion in limine to exclude the evidence of wiretapping, the prosecutor argued: Defendant climbed a telephone pole and attached a wire to the line, running the wire to a recording device. 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. I am over this life. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. Click to reveal Peter testified he was going to physically beat up Roberto. Stay up-to-date with how the law affects your life. The delivery and return addresses were printed label strips made with a label maker. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. The bomb is set off.. The admission of the evidence was not only fair but essential in assuring the jury understood the depth of how aggrieved Paul felt and that Roberto was a major source of his humiliation and disappointment. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. (b).) He was fired as the director of a duck club because he offended some of the members. I am military trained. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. He threatened to beat [his] dad's ass on multiple occasions. Of course, the evidence was damaging, for it confirmed the prosecution's basic theory of the case, that a disappointed, angry, and envious man killed the foreman who threatened him most in his father's eyes. I have nothing to say to that man, other than bye-bye.". 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. 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. The target is brother of target one and drives Chevy. Chance of rain 100%. 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. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. As an adult, he became a football coach but was fired for his aggressiveness toward a student. Paul Moore is currently serving life in prison without the possibility of parole.
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