(Evid. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. He assumed Peter was trying to get him fired. 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. McNary-Moore Funeral Service - Home - Facebook 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. Arlan Moore Obituary (2015) - Colusa, CA - Appeal Democrat - Legacy.com He did not like Roger and Roger did not like him. 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. The forensic evidence, including the indented sheet of paper with Paul's fingerprints on it, the ink and paper from his printer matching the ink and paper mailed to the sheriff, the matching fishing lines, and the presence in the farm shop of many of the materials needed to make the bomb, constitutes substantial evidence to support the inference the jury made that it was Paul who wrote the letters to the sheriff, and it was therefore Paul who planted the bomb that blew up Roberto Ayala, just as he had planned. The prosecution argued that Paul was attempting to taunt the police. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. Diane Nichols, under appointment by . 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. 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. In describing his life, he pondered what he had done to be treated so poorly by his own family. 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. Gus was . Lynette Marie Clark. It's a very rapid event. C075231 (Super. 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 PEOPLE v. PAUL ROGER MOORE (2016) | FindLaw Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. I am over this life. Name, age, vehicle I.D. Dr. Svetlana Moore, MD | Colusa, CA | Family Medicine Doctor | US News He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. Expert in Vietnam devices. A document examiner from the United States Secret Service compared the ink from the documents sent to the sheriff's department with the ink on documents from the printer confiscated at Paul's house. He could not retrieve his father's cell phone because his father was on fire. 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. Titled Family Business, the episode shows how the murder took place against the backdrop of the Moore family saga. But the degree of sophistication it takes to wiretap is not dispositive. The email address cannot be subscribed. IPeter or Paul: Substantial Evidence to Support the Verdict. 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. Their investigation focused on whether the explosion was an accident. The defense argued that Peter had been present at the scene of the explosion. Offer condolences/tributes, send flowers or create an online memorial for free. 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. Paul Moore convicted in Colusa bombing death - Appeal-Democrat The investigators took possession of three computers and three cellular telephones. 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. Copyright 2023, Thomson Reuters. Tucker reported the incident to the sheriff and to Roger. Colusa Cemetery District grounds was established as a cemetery in 1873. 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. I have nothing to say to that man, other than bye-bye.". 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. On August 22 the investigators searched the farm shop with Roger's permission. Robert John Vierra. In fact, he testified [t]hat piece of property is my favorite piece of property that we own. It was in that field that he ran his duck club before Roger took down the blinds. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. He faces life in prison without parole Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. 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. Roberto had worked for the Moore brothers for 19 years. Neither cousin was happy with his place within the family hierarchy. In December 2016, a Colusa County judge approved a wrongful death lawsuit filed in 2013 by Ayalas family against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. 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. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. Peter testified he was going to physically beat up Roberto. There is no direct evidence that Peter knew Roberto's precise work schedule or routine, but a jury could reasonably infer that he understood that a foreman's responsibility included adjusting the water levels on the rice fields. Code, 1101, subd. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. While it might sound like a humble title, Roger is seemingly quite well off. 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 agree with the trial court. We concur with the trial court's analysis that [t]his comment can, in the context of a case where the prosecution presented dozens of witnesses over several weeks, only fairly be understood as a comment that witnesses can be called by either side. Peter was more vocal, but Paul built the bomb that killed him. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. 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. Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. Stay up-to-date with how the law affects your life. Paul Moore, Roberto Ayala's Killer, Was Sentenced to Life in Prison They now want the white Ford F-250 hit. Sorry, there are no recent results for popular videos. The investigators did not believe that a Mexican gang was involved in the explosion because gangs typically advertise their involvement rather than hide it, to incite fear and command respect. There is no question, however, that the evidence was remote in time. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. Clearly, over the years he earned the trust and respect of Roger and Gus. PAUL ROGER MOORE, Defendant and Appellant. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. He thereafter refused to come back for any additional interviews. 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.