A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. (b).) Whoever is driving the Ford is very much in danger. Cemetery Records. Peter testified that two months before the explosion, his father told Roberto that if Peter came on the farm, Roberto should have him arrested for trespassing. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. 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 was afforded a fair trial. Lynette Marie Clark. On August 15 the investigators received a second letter and a diagram of a bomb. Sorry, there are no recent results for popular commented articles. [Citation. . "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. This was my first and final job. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. History. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. Low 41F. The boy had to run two miles to get help. Colusa, CA. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. 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. According to Gingery, the Moores receive millions in agricultural subsidies annually. But abused and ostracized by his father Gus, whom family members called Grumpy, Peter was not allowed to farm and instead spent 21 years earning a living in a landscape business he apparently loathed at times. Rainfall around a quarter of an inch. Paul was afforded a fair trial, the appeals court said at the time. hkruger@appealdemocrat.com. And Roberto Ayala, in particular, was the target of his wrath. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. In other words, Martin believed Peter's bark is much bigger than his bite. Martin had never seen Peter actually engage in any sort of violence. 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. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. In his view, the admission of such prejudicial evidence rendered the state proceedings fundamentally unfair and violated his right to a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. We will not repeat what we have already said about the prosecutor's references to either the wiretapping or the My Life document but will examine Paul's other allegations of prosecutorial error. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. He was the farm foreman. Powered by. Rain. 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. Gene attended Colusa High School and . Roger made two police reports based on Peter's threats to physically assault him. The bomb exploded, injuring Paul and his friend. We find no merit in Paul's objection to the admissibility of his own life story. C075231 (Super. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. 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. In short, he could not tell them apart. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. The attorney said he didn't take a fee to represent the Ayalas. This envelope had a postmark from Colusa. According to Paul, something had been placed at the pump to cause the explosion. Winds S at 20 to 30 mph. His son heard a loud explosion and saw his father on fire. The actual printing on the diagram looks like somebody printed it on a label maker, affixed it to the paper and then ran it through a photocopier. (People v. Morris (1988) 46 Cal.3d 1, 21.). At the same time, their sons, Peter and Paul, respectively, hated Ayala. She thereafter requested the opportunity to offer a surrebuttal. There were disagreements where Roger took Roberto's advice over that of his son or nephew. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. 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. Prosecution experts did not find any evidence of value on Peter's devices. There is indeed sufficient evidence to support a reasonable inference that Paul had nursed a lifetime animosity toward nonfamily members his father appeared to favor. "My sister-in-law is friends with the family," he said. 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. Low 41F. To the contrary, the prosecutor did nothing more than marshal validly admitted evidence to counter defense argument: that is, the prosecutor referred to wiretapping evidence to demonstrate that Paul had superior technical skills to Peter and to his My Life entries to demonstrate he had a motive to kill Roberto, based on a lifetime of indignities and slights he felt on the farm. In those instances, a defendant's prior bad acts are admissible. On top of that, Roger surely had the resources to ensure everyone was looked after. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. Chance of rain 100%. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) The settlement also included about $44,800 in worker's compensation payments. The fact that the document described the history of the family only added to its probative value. 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. Paul then drove to the farm shop. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. 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. The vehicle, a 2006 Ford F-250, will be sold, he said. But Peter's situation was far different. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. On that same day, Paul cast aspersions on Peter. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. 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. Cloudflare Ray ID: 7a2e78bba8bccfb8 But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. 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. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. Their investigation focused on whether the explosion was an accident. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. Defense counsel, anticipating the very strategy the prosecutors ultimately used, complained to the trial court that the first prosecutor offered only a short opening argument, whereas the second prosecutor had argued for over two hours when she once again objected to the sandbagging. Paul returned to work on the farm a few years before the explosion. 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. READ NEXT: Susan Susie Caseys Murder: 5 Fast Facts You Need to Know, Paul Moore, Roberto Ayalas Convicted Killer, is Serving Life in Prison, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. 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 outside square of the diagram is the electrical box that we've described.. During his apprenticeship, Paul worked alongside Roberto. The action you just performed triggered the security solution. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) In the first message, Peter told Roger that the real reason Roberto's son was fired by another employer was that he was caught stealing and forging his time card, the same thing the Ayala boys had been doing to Roger for years. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. Fill out this form to submit a Letter to the Editor. 13.56.206.54 (CALCRIM No. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. Roger Moore was believed to be worth 80 million when he died in May 2017 The 007 actor had 30m in property including a luxury Monaco apartment His fourth wife Kristina, 77, was placed into . 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. Paul, through his own words, told that story from his perspective, and his perspective provided the jury invaluable insight into his motive for committing such an atrocious act. While it might sound like a humble title, Roger is seemingly quite well off. We agree with the trial court that the document was therefore relevant to prove motive. "The bells of justice have finally rung for us," Ayala said. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. Roberto had worked for the Moore brothers for 19 years. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. The writing is comprised in a similar fashion as the letters themselves. 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 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. 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.
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