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. He has endangered others in his family. C075231. His trial lawyer provided excellent representation and advocacy. Prosecution experts did not find any evidence of value on Peter's devices. I am military trained. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. They want the brother, but it is now driven by some young guy, or do they want the young guy? Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. McNary-Moore Funeral Service in Colusa, CA. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. 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. The next guy might not catch the error in info and the wrong person will die. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. Lynette Marie Clark. The money is good. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. As soon as that door starts to open, that washer is free. Roger is Pauls father. Little Fabian ran through the sunflower fields, as far as he could, to get help for his father More Friday at 9/8c with @Dateline_Keith. On August 17 Paul went to the police station voluntarily. We concur: Higher wind gusts possible. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. 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 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. Rainfall around a quarter of an inch. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. He ran for about two miles to get help. 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. Published: Jun 17, 2016 Total records: 5,262. 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. (b).) 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. She thereafter requested the opportunity to offer a surrebuttal. The prosecution argued that Paul was attempting to taunt the police. Both suffered physically. He was a boxer in high school. His body was still burning when the firefighters arrived. 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. While it might sound like a humble title, Roger is seemingly quite well off. (People v. Morris (1988) 46 Cal.3d 1, 21.). The attorney said he didn't take a fee to represent the Ayalas. (CALCRIM No. He was born January 23, 1935, in Turner . Although he had used the irrigation pump years earlier when he was shooting ducks, the mechanism had been changed and he testified he did not know how to use the new apparatus. (People v. Davis (2009) 46 Cal.4th 539, 606.) A friend read about his fingerprints on the indented sheet in a local newspaper and asked him about it when he called Paul in jail. Im going to get that F*****.. Gus stood ready to arrest him for trespassing if he was found on the premises. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. He is also survived by his brother, Roger Moore. Paul injured his back and had to give up construction. Paul appears to have suffered more quietly than his cousin. 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. 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. 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. CR53504) That explosion occurred in about 1991. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. He felt mistreated by everyone, including Peter. Gunner also reported that, according to his dad soon after the explosion, his grandfather feared that there was a booby trap in the switch and stated that someone must have been a genius to be able to do that, some type of electrical genius.. 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. On top of that, Roger surely had the resources to ensure everyone was looked after. ADVICE: Are North Americans wimps when it comes to pain tolerance? The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. Defendant does not quarrel with the limited scope of appellate review of an insufficiency 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. Code, 1101, subd. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. 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. 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. Gunner believed his dad could repair just about anything and could make something out of nothing. One of Paul's favorite hobbies, according to Gunner, was assembling and flying radio-controlled airplanes. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. 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. IPeter or Paul: Substantial Evidence to Support the Verdict. In describing his life, he pondered what he had done to be treated so poorly by his own family. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. 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. But Peter's situation was far different. C075231 (Super. We have completed one-half of our job by presenting the circumstantial evidence from which the jurors could have reasonably inferred that Paul had the familiarity with Roberto Ayala's work routine and how to operate the irrigation pump as well as the opportunity to plant the bomb and the unique skill set in electrical and mechanical design to have constructed the victim-activated explosive device that killed him. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. He insisted that Peter planted the indented paper and that his fingerprints were left on the top sheet when he placed his hand on it to adjust a window shade. The text of the letter was a photocopy of the original; it too contained printed label strips made with a label maker. 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. 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. "My sister-in-law is friends with the family," he said. The settlement also included about $44,800 in worker's compensation payments. The potential prejudice of admitting the evidence was slight. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. 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. A Sacramento County jury found him guilty on Aug. 23. 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. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. He assumed Peter was trying to get him fired. Ultimately, the Ayala family was awarded $20 million. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. 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. 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. He explained that the indented sheet appeared to have been placed beneath the document that was actually written even though some of the lines did not align perfectly. 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. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. The outside square of the diagram is the electrical box that we've described.. He had not been allowed to work on the farm for over 21 years. David Moore's birthday is 01/17/1944 and is 78 years old. 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. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Paul argues the trial court abused its discretion by admitting evidence he had wiretapped his ex-wife's telephone during divorce proceedings 15 years earlier and had made oxygen acetylene bombs 20 years earlier. 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. Winds S at 20 to 30 mph. During his apprenticeship, Paul worked alongside Roberto. Diane Nichols, under appointment by . "The bells of justice have finally rung for us," Ayala said. 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. He remained so bitter toward his father he begged his grandmother to disinherit him. I received info and instructions via USPS. The email address cannot be subscribed. 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. Nothing precluded defense counsel from confronting that evidence in her closing argument. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) 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. 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. (Evid. Paul Moore was found guilty on Friday of first-degree murder of Moore Bros. farm foreman Roberto Ayala in Colusa County after the jury deliberated for about five hours.

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