There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. 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. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. His trial lawyer provided excellent representation and advocacy. For the first time at trial, however, he testified he got into the truck and tried to drive it. 13.56.206.54 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. He could not retrieve his father's cell phone because his father was on fire. But 12 jurors of Paul's peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala and we must respect their verdict. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. Previously driven by target one. Clearly, they both had hoped to assume managerial positions on the farm. 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. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. White Ford, same plate number. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Colusa) ---- THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. 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. 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. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. Roger David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. 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. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. Higher wind gusts possible.. 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. 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. Robert John Vierra. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. Chance of rain 100%. Clearly, over the years he earned the trust and respect of Roger and Gus. I would decline anyway because I saw target two with his girls and that I can't deal with. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. Peter testified he was not a trained welder, he was not talented when it came to anything mechanical, and the only electrical work he performed was the simple wiring of electrical sprinkler systems. He had been angry and upset with the Moore family since he was 12 years old. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. I will come peacefully or detonate all the devices.. Two-inch gallon pipe and quart of gasoline in plastic bottle. But Peter's situation was far different. The settlement also included about $44,800 in worker's compensation payments. I am over this life. In The Court of Appeal of the State of California. February 3, 2023 (75 years old) View obituary. 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. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. 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. Another expert will do this job. The target is brother of target one and drives Chevy. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. And we do not accept the proposition that a document that was either written or transferred a mere year and a half before the blast was too remote in time. Rainfall around a quarter of an inch. 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. Roberto had worked for the Moore brothers for 19 years. The email address cannot be subscribed. The bolts were just like the bolt discovered at the scene of the explosion. On August 15 the investigators received a second letter and a diagram of a bomb. Periods of rain. 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. He was born January 23, 1935, in Turner . A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. Rainfall near a quarter of an inch. If u come 4 me, call first. Cloudflare Ray ID: 7a2e78bba8bccfb8 Peter loved to shoot ducks. Records published here were acquired from Colusa . Moore was cuffed and booked at the Colusa County Jail at the age of 47. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. Whether or not there is some authority to support the questionable proposition that a prosecutor's rebuttal is limited by the scope of the facts and evidence argued in the defendant's closing argument, the prosecutor did not introduce evidence outside the record or float a completely new theory of guilt. While there is no evidence that he actually had been disinherited, Peter believed he had and that Roberto would be the recipient of his share of the farm. Paul was free to argue that the document itself proved he had no intention of harming Roberto because, even in his most private moments, he did not threaten him. 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. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. 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 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. 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. Whether we conclude that despite our reservation the trial court did not abuse its discretion or that, even if there was an abuse of discretion, the failure to allow surrebuttal was harmless beyond a reasonable doubt, our rationale is essentially the same. First three fuses, the device had dual triggers and detonators. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. 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. There was no direct evidence of who designed, constructed, or placed the explosive device. It will be reassigned in five weeks. provides funeral home, burial, veteran,. #Dateline tonight at 9/8c. You have permission to edit this article. 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. Peter texted, When [Roberto's] wing is better, he's all mine. Peter testified that when he wrote the message he was planning to beat up Roberto. 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. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. As they were driving, they noticed Paul's truck behind them. While Moores exact net worth as of 2020 is unknown, he must be worth millions. Moore is the owner of the Moore Brothers Farm. Contact us. Would love your thoughts, please comment. We agree. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. He was able, however, to install electrical sprinkler systems. 3 Crim. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. Winds S at 20 to 30 mph. 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. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. 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. Higher wind gusts possible. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. Periods of rain. He thereafter refused to come back for any additional interviews. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. Are you concerned about the rising tensions with North Korea? Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. He was a boxer in high school. From 1995-2014, they received grants worth $2.1 million. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. 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. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. (CALCRIM No. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. 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. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. 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. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. Click to reveal Half of the amount will go to. Stay up-to-date with how the law affects your life. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. . Paul is Roger's son. 2023 Cinemaholic Inc. All rights reserved. He noted that in a stack of paper, indentations can appear five pages down. 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. 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. 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 bomb is set off.. But it is the jury's prerogative, not ours, to weigh the evidence. We find no merit in Paul's objection to the admissibility of his own life story. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Diane Nichols, under appointment by . "(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. 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. Gus stood ready to arrest him for trespassing if he was found on the premises. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. (People v. Davis (2009) 46 Cal.4th 539, 606.) Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. 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. His reputation in the community would make Peter the more likely suspect than Paul. 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. 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. 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. But the document provided strong circumstantial evidence he secretly envied the position to which Roberto had ascended and the discomfort Roberto's presence continued to cause him. He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. They seized this sheet but not the sheets of paper below it. 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. Of Paul Moore, Poyner said, "the guy is evil. The letter read: I am responsible for the panel explosion. "Do I think Paul did this? 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. 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. I am sure MS-13 will figure out I tipped authorities and will soon come for me. Whoever is driving that white F-250 is in great danger. and plate number. The evidence is all circumstantial. We will review that evidence in two steps: first, we will outline the evidence of solid, credible value the jury could have reasonably relied upon in finding Paul guilty of murder beyond a reasonable doubt. My Life: Paul maintains that the trial court abused its discretion by admitting the prosecution's evidence of a document extracted from Paul's computer entitled My Life because its probative value was outweighed by undue prejudice within the meaning of Evidence Code section 352. 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. 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.
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