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. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Expert in Vietnam devices. 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. 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. Paul complained that Roberto was accorded special privileges, such as keeping sheep and goats by the farm workshop, drinking beer while working or after work, and driving company vehicles home. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said last Wednesday. In short, he could not tell them apart. Paul's son Gunner testified that when Paul was young, he rewired the light switch in his bedroom so he could turn off the light from his bed, but if a person did not flip the switch in a particular way, he or she would be shocked. 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. Low 41F. 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. Roger is Pauls father. Powered by WordPress.com VIP. 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. I got name, age, vehicle description, plate number and location. Someone will take it. 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. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. Tucker reported the incident to the sheriff and to Roger. He assumed Peter was trying to get him fired. The freehand drawing has some arrows on it. Fill out this form to submit a Letter to the Editor. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. 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. "My sister-in-law is friends with the family," he said. 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. Eduardo Ayala testified that he knew Peter characterized him and his coworkers as a lazy group of drug addicts and alcoholics who would ruin the Moore brothers' agricultural business. "I feel like I've lost two sons in one time," Roger Moore said. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Periods of rain. 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 had been angry and upset with the Moore family since he was 12 years old. The investigators took possession of three computers and three cellular telephones. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. If u come 4 me, call first. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. Their hopes had not materialized. He had not been allowed to work on the farm for over 21 years. 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. Moore is the owner of the Moore Brothers Farm. His body was still burning when the firefighters arrived. I would decline anyway because I saw target two with his girls and that I can't deal with. 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 thereafter refused to come back for any additional interviews. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. 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. Believe me and have time to do something to help these guys.. Low 41F. He lived with his parents and. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. Peter was so angry he left a voice mail message for Tucker, threatening that he was going to rip his head off and piss down his throat or shit down [his] neck. Peter testified that he did not intend to literally rip off Tucker's head, but he did want to engage in a fistfight. We conclude the trial court did not abuse its discretion by calculating the minimal risk of prejudice and finding the probative value was sufficient to justify the admission of the evidence. Of Paul Moore, Poyner said, "the guy is evil. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. Name, age, vehicle I.D. November: By November the investigation had targeted Paul. As an adult, he became a football coach but was fired for his aggressiveness toward a student. Installing a device inside such a panel is a highly dangerous activity. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. 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. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. He was able, however, to install electrical sprinkler systems. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. A forensic document examiner compared the sheet of paper with the indentations that had been seized from Paul's residence to the diagram of the bomb mailed to the Colusa County Sheriff's Department. 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. Chance of rain 100%. The investigators placed a GPS (global positioning system) device on his truck, devices that often malfunction. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. I finally found the Ford, and now it is driven by some young guy, not the brother. 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. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. Paul Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. August: On August 11 the investigators were informed that the chemical testing of the fragments from the explosion indicated the presence of nitroglycerine, a chemical used in explosives. Of course, the evidence was damaging, for it confirmed the prosecution's basic theory of the case, that a disappointed, angry, and envious man killed the foreman who threatened him most in his father's eyes. 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. You have permission to edit this article. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. Rainfall near a quarter of an inch. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. 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. Paul states repeatedly that he did not threaten Roberto Ayala in the entire document as if the document were irrelevant simply because he did not threaten to physically assault him. (a). 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. We accept for purposes of this issue the trial court's characterization of the defense closing argument. Motive is one of the elements the defense argued most vehemently. Trig two, drop weight activated upon door opening. A trace evidence examiner found the fishing line recovered from Paul's boat had the same chemical composition as the line around the bolt found at the site of the explosion. 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. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. Prosecution experts did not find any evidence of value on Peter's devices. The settlement also included about $44,800 in worker's compensation payments. Evidence Code section 352 provides the framework: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. In other words, the trial court is accorded considerable discretion to carefully balance the competing interests in admitting probative evidence and in excluding evidence that unfairly prejudices a defendant, and an appellate court will overturn the exercise of discretion only when the trial court's assessment appears to exceed the bounds of reason. December: On December 6 Paul's house was searched. During tomato harvest, he wrote, he drove the shitty tractor, but pussy Peter was allowed to drive the tractor with an air-conditioned cab because otherwise Peter was a prick to work with. Employees, including Roberto Ayala and Roberto's brother Eduardo, were given liberties he was not, such as drinking on the job, taking farm vehicles and equipment for personal use, and getting paid during the winter. The jury reasonably could have concluded that his conduct following the explosion was incriminatorymanufacturing spikes that were found in the road and taunting the police in a dramatic chase. 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. He threatened to beat [his] dad's ass on multiple occasions. A Sacramento County jury found him guilty on Aug. 23. Search by Name, Phone, Address, or Email. 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. . 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. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. He thought he was safe in the States. On July 16, 2011, Roberto picked up his seven-year-old son, bought him lunch, and drove to one of the Moore brothers' rice fields to adjust the irrigation pump. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. 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. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. 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. 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. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. 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. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. COLUSA COUNTY (CBS13) - A man has been convicted of murdering a farmworker by setting a bomb in an electrical panel that was triggered by the victim at irrigation pump. But the degree of sophistication it takes to wiretap is not dispositive. Most significantly, they shared their animosity toward Roberto Ayala. And he drove his ATV over the field with his friend Blane Martin on a regular basis. SACRAMENTO, Calif. - Paul Moore was convicted in state court announced Colusa County District Attorney John R. Poyner, Colusa County Sheriff Scott D. Marshall, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), San Francisco Field Division Special Agent in Charge Joseph M. Riehl. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. 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.