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Paul Wynn Jan. 12, 2023. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. On August 17 Paul went to the police station voluntarily. They want the brother, but it is now driven by some young guy, or do they want the young guy? A trace evidence examiner testified that the chemical composition of the fishing line found in Paul's boat was indistinguishable from the fishing line wrapped around a bolt found at the scene of the explosion. 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. Indeed, shortly before the explosion, Roberto had injured his shoulder and Peter declared that [w]hen his wing is better, he's all mine. He was upset that Roberto spent Father's Day with Gus and that they were together all the time. 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. I received info and instructions via USPS. At the same time, their sons, Peter and Paul, respectively, hated Ayala. 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. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Offer condolences/tributes, send flowers or create an online memorial for free. All of these considerations could factor into the trial court's delicate weighing process. Are you concerned about the rising tensions with North Korea? After a career of killing, I want to save a life before I take my life. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. 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. 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. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Higher wind gusts possible.. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Believe me and have time to do something to help these guys.. 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. ARLAN MOORE OBITUARY . Whoever is driving that white F-250 is in great danger. 13.56.206.54 In the explosive expert's opinion, the evidence collected from the scene of the explosion was consistent with the diagram of the bomb, including a bolt with the piece of fishing line, pieces of a sprayed-black plastic bottle, plastic wrap, and washers and bolts that might have been part of the bomb. Please try again. Furthermore, the trial brought to light that Rogers enterprise had several vehicles and machinery, which employees like Roberto were allowed to take for personal use. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. C075231. 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. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. 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. 2023 Cinemaholic Inc. All rights reserved. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. 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. They now want the white Ford F-250 hit. First three fuses, the device had dual triggers and detonators. But apparently they had little difficulty reaching their verdict. It's leveraged in between there. Chance of rain 100%. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. 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. "The bells of justice have finally rung for us," Ayala said. Rainfall near a quarter of an inch. He lived with his parents and. Colusa Cemetery District grounds was established as a cemetery in 1873. Paul told the investigators that Peter had been around the explosion site one day before the explosion. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. "We've waited 25. 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. Although none of the individual incidents when taken alone would have demonstrated the type of knowledge necessary to make and install a bomb in an electrical panel device, the jury was entitled to hear how cumulatively they were relevant to whether Paul had the requisite knowledge to install a victim-activated bomb. The bolts were just like the bolt discovered at the scene of the explosion. "Do I think Paul did this? 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. Nothing precluded defense counsel from confronting that evidence in her closing argument. (People v. Morris (1988) 46 Cal.3d 1, 21.). A defendant's writings have been admitted to prove motive over defense objection. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. 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. He was the farm foreman. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. The case is a classic whodunit. Click to reveal 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. Winds S at 20 to 30 mph. We have carefully evaluated the quantum and sufficiency of the evidence that it was Paul who murdered Roberto in the context of the whole record, and we have examined each of the pieces of evidence he contends proves that it was Peter who designed, built, and planted the victim-activated explosive device. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. The settlement also included about $44,800 in worker's compensation payments. 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 . Paul objects to the prosecutor's use of a DNA analogy. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. 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. The fact that the document described the history of the family only added to its probative value. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. Contact us. Paul maintains the prosecutor's comparison to DNA analysis imputed an accuracy to the paper and ink analysis that was not in evidence, and therefore it was error to allow the prosecutor to argue the ink, paper, and labels were matches. We agree with the trial court that the argument was permissible as a mere example or analogy. 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. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. Dateline on NBC sheds light on the horrific murder of Roberto Ayala. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. They attempted other ventures that failedPaul in construction, Peter in starting a sod business. 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. (Evid. Sorry, there are no recent results for popular videos. He ran to help him, but his father was unresponsive. 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. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. CR53504) 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 told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. He is also survived by his brother, Roger Moore. 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. 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. Express your opinion! The prosecution argued that Paul was attempting to taunt the police. He was responsible for regulating the water levels on the rice fields. Your IP: There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. Installing a device inside such a panel is a highly dangerous activity. He learned that a bell rang every time a verdict was made. Paul is Roger's son. 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. His trial lawyer provided excellent representation and advocacy. 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. 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. His body was still burning when the firefighters arrived. Neither cousin was happy with his place within the family hierarchy. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. The delivery and return addresses were printed label strips made with a label maker. Rainfall around a quarter of an inch. 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. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. We agree with the trial court. And second, we will test the substantiality of that evidence in light of the entire record, that is to say, in light of the compelling circumstantial evidence that Peter, not Paul, blew up Roberto Ayala. Powered by WordPress.com VIP. But Peter's situation was far different. 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. Higher wind gusts possible. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. January 28, 2023 (85 years old) View obituary. Eight stamps were attached for postage. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. They will find him. Do I think Peter (Paul's cousin) did this? On August 15 the investigators received a second letter and a diagram of a bomb. I will come peacefully or detonate all the devices.. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. Moreover, he was aware of the 19 years Roberto had dedicated to the Moore brothers' farm and had watched at a distance as Roberto ascended to the position he coveted. Paul insists it was his first cousin Peter who had the motive and violent disposition to murder Roberto, a man who had claimed his father's and uncle's affection and devotion. In 2019, the board of supervisors of Colusa met. Roger made two police reports based on Peter's threats to physically assault him. 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. 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. We have found no error at all, and therefore there are no errors to accumulate. He noted that in a stack of paper, indentations can appear five pages down. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. On November 24 they noticed the device was not working and they went to Paul's house to investigate. Copyright 2023, Thomson Reuters. ), Admission of character evidence, however, is subject to special rules. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. His trial lawyer provided excellent representation and advocacy. 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.. What is Roger Moore's Net Worth? Paul Moore, a family friend of Ayala's, was found guilty of setting the explosive device that killed Ayala after he turned on an irrigation pump at a rice field at the Moore Brothers farm.. 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. 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. 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. 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. According to Gingery, the Moores receive millions in agricultural subsidies annually. Nor do we find the prosecutor's equally innocuous statement that there is no such thing as a prosecution witness another example of prosecutorial error. 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. On top of that, Roger surely had the resources to ensure everyone was looked after. 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. (a). ROGER HICKEL OBITUARY. Here the prosecution sought to prove that Paul disliked Roberto Ayala, believed he was a liability to the farm, and thought that his removal would allow Paul to assume greater managerial responsibilities. 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. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. Paul appears to have suffered more quietly than his cousin. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. Nevertheless, on the narrow legal questions presented, we find substantial evidence to support the verdict and no abuse of discretion in admitting evidence or denying the defense request for surrebuttal closing argument, and therefore affirm the judgment. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. Colusa CA 95932. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) 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. There was no direct evidence of who designed, constructed, or placed the explosive device. The letter stated: Ayala was actually warned what would happen if he screwed with these people. The settlement also included about $44,800 in worker's compensation payments. C075231 (Super. The boy witnessed the explosion that killed his father. He has endangered others in his family. So, heres everything you need to know about Roger Moore. It will be reassigned in five weeks. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . And he drove his ATV over the field with his friend Blane Martin on a regular basis. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. If u come 4 me, call first. 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. He assumed Peter was trying to get him fired. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. 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. 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 trial court agreed with the prosecutor's position that the defense argument put in issue virtually all evidence that tended to show Paul's motive, technical skills, and past related actions and opened the door to fair comment on any and all evidence tending to link him to the crime. Would love your thoughts, please comment. The evidence is all circumstantial. 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. We are not at liberty to reweigh evidence or revisit credibility issues. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. But it is the jury's prerogative, not ours, to weigh the evidence. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. Again, the limited scope of appellate review presents an insurmountable obstacle. Affirmed. Previously driven by target one. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. Peter loved to shoot ducks. 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. 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.