Higher wind gusts possible. 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. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. 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. 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. 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. It was improper in Paul's estimation because the wiretapping evidence was admissible solely to prove his technical knowledge, yet the prosecutor transformed it into improper character evidence. As a result, Roger had the duck blinds removed. We know that his farm has rice fields and walnut orchards. 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. 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. Having reviewed the evidence offered by the prosecution, we now turn to the evidence presented by the defense that Peter, not Paul, planted the bomb that killed Roberto Ayala, for he too appeared to disdain the man, he too had the opportunity and familiarity with the irrigation pump, he too had access to the area in which the bomb was planted, and he too had incriminating evidence on his computer hard drive. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. Stay up-to-date with how the law affects your life. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. 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. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. 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. 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. God [sic] luck. I received info and instructions via USPS. C075231 (Super. 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. Search by Name, Phone, Address, or Email. 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. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. We are not at liberty to second-guess the trial court's careful and reasoned assessment, and because we find there is no abuse of discretion, there was no error in admitting the evidence. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. Paul's animosity toward Roberto and his feelings of humiliation and resentment were simmering for years, and who better to express his feelings, and inferentially his motive, to the jury than Paul himself? Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. Most significantly, Peter broadcast his contempt for Roberto. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. Paul Moore was arrested five months after the explosion after a search warrant was executed at his home by the Colusa County Sherrif's Office assisted by the Bureau of Alcohol, Tobacco,. Roberto had worked for the Moore brothers for 19 years. Code, 1101, subd. Performance & security by Cloudflare. Code, 1101, subd. Third Appellate District (Colusa) (Super. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. But it is the jury's prerogative, not ours, to weigh the evidence. As an adult, he became a football coach but was fired for his aggressiveness toward a student. The vehicle, a 2006 Ford F-250, will be sold, he said. I got name, age, vehicle description, plate number and location. The fact that the document described the history of the family only added to its probative value. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) He had been angry and upset with the Moore family since he was 12 years old. Sorry, there are no recent results for popular videos. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. The bomb is set off.. 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 was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. 3 Crim. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. 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. Are you concerned about the rising tensions with North Korea? 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. I am over this life. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. 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. The letter stated: Ayala was actually warned what would happen if he screwed with these people. 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. 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. Peter threatened both his uncle and his father. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. Clearly the jury was aware of which witnesses had been called by which side, and such a statement could not reasonably mislead any juror on that point.. We agree with the trial court. 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. Paul was afforded a fair trial. 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. All of these considerations could factor into the trial court's delicate weighing process. In the second message, Peter said he had worked for 21 years so he could have a chance to farm; that he wanted his grandfather's farm to stay in the family, but his father had disinherited him; that he and Roger were now screwed and he was not going to get a chance to farm; that he had never had a father except biologically; that his father was a douchebag and had never given him a penny; that Roger could not see the Ayala boys over there ripping [him] off blind; and that Roberto had his kid driving the harvester. Winds S at 20 to 30 mph. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. Paul told the investigators that Peter had been around the explosion site one day before the explosion. "We've waited 25. 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. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. 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. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. He threatened to beat [his] dad's ass on multiple occasions. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. It is speculative, according to Paul, to assume that wiretapping a telephone is any more complicated than purchasing a Radio Shack or Spy Store device complete with user instructions for dummies [or] a DIY device.. There were pieces of metal shrapnel in his chest, neck, and brain. The investigators took possession of three computers and three cellular telephones. 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. Paul was afforded a fair trial, the appeals court said at the time. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Peter was intimately familiar with the field where Roberto was blown up. Paul told investigators that his electrical experience was limited to fixing an electrical outlet and that he had no experience working on the pump control panels. 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. Their hopes had not materialized. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. He had not been allowed to work on the farm for over 21 years. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. Peter testified he was going to physically beat up Roberto. Peter's best friend, Blane Martin, countered this narrative. Contact us. The day before the bombing, Peter wrote that an old friend, Bea, had told him she hated his father and [s]o I think the world of Bea.. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) He was born on August 14, 1948, to Leonard and Lona Beauchamp. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. CR53504) The potential prejudice of admitting the evidence was slight. Roberto Ayala was killed by a victim-triggered bomb when he. The bomb exploded, injuring Paul and his friend. "The bells of justice have finally rung for us," Ayala said. But the determinative question is whether the trial court abused its discretion by finding the risk of prejudice did not substantially outweigh whatever probative value the evidence had. David Moore's birthday is 01/17/1944 and is 78 years old. 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. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. Find Dr. Moore's phone number, address, hospital affiliations and more. Paul was eventually arrested for the murder of Roberto Ayala. They now want the white Ford F-250 hit. 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 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. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. 107 5th St, Colusa, CA. 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. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. Again, the limited scope of appellate review presents an insurmountable obstacle. Having heard how Roberto Ayala had been burned and blown up, the evidence of a simple wiretap would not have so outraged or incited the jurors as to put them at risk of wrongfully convicting Paul because of this prior act. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. (Evid. Fill out this form to submit a Letter to the Editor. He denied involvement in the explosion, declaring it was a chicken shit way for somebody to do it. As mentioned earlier, he claimed he had little experience with electrical devices and no experience with the irrigation pumps. He said Paul Moore is the "sole inheritor of the Moore family fortune." According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. 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. History. Gene Wesley Beauchamp, of Colusa, CA, passed away on January 11, 2023, at the age of 74. Like the first letter, the text of the second was made with a label maker and photocopied. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. He thought the police were there to search for medical marijuana he was growing. 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. He learned that a bell rang every time a verdict was made. Information is scarce, especially since Moore does not seem to have any social media presence. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. This website is using a security service to protect itself from online attacks. Colusa CA 95932. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Paul, not Peter, used abbreviations such as u and 4 in his text messages. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. 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 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. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. 107 5th Street, Colusa, CA 95932 Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. Paul objects to the prosecutor's use of a DNA analogy. Eight stamps were attached for postage. 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. (b).) 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. On October 3 investigators also found spikes down a private farm road. Another expert will do this job. Recipients of payments . From this evidence, the jury could reasonably infer that Paul had both the aptitude and unique skill set needed to build the type of explosive device that killed Roberto Ayala. But 12 jurors of Paul's peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala and we must respect their verdict. PAUL ROGER MOORE, Defendant and Appellant. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. From this evidence, the jury could reasonably infer that because Paul was familiar with Roberto's routine, he could specifically target Roberto by placing the bomb in an electrical pump panel he knew Roberto would be operating. "We've waited 25 months and. 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. Paul injured his back and had to give up construction. If u come 4 me, call first. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. A defendant's writings have been admitted to prove motive over defense objection. Based on Peter's violent disposition and the threats he leveled at Roberto, among others, the rat trap YouTube video found on his computer, his basic understanding of electrical devices sufficient to enable him to install electric sprinkler systems, his familiarity with the field and with Roberto's responsibilities, his opportunity to plant the bomb, and his compelling motive to remove him from the farm, Paul argued that Peter planted the bomb that Roberto activated when he opened the electrical box to adjust the water levels on the rice field.
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