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. 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. "My sister-in-law is friends with the family," he said. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. I am over this life. Published: Jun 17, 2016 Total records: 5,262. Powered by WordPress.com VIP. A Sacramento County jury found him guilty on Aug. 23. 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. CR53504) Rainfall near a quarter of an inch. He thereafter refused to come back for any additional interviews. Peter was more vocal, but Paul built the bomb that killed him. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. In describing his life, he pondered what he had done to be treated so poorly by his own family. 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. (People v. Davis (2009) 46 Cal.4th 539, 606.) Paul Roger Moore, 49, is facing life in prison with no chance of parole after his first-degree murder conviction with the special-circumstance allegation that he killed Roberto Ayala, 43, by planting. On November 24 they noticed the device was not working and they went to Paul's house to investigate. Diane Nichols, under appointment by . Do I think Peter (Paul's cousin) did this? 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.. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Express your opinion! Medicare vs. Medicare Advantage. God [sic] luck. Paul Wynn Jan. 12, 2023. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. Thus it was relevant and probative of his knowledge of creating explosions. Lynette Marie Clark. Moore was cuffed and booked at the Colusa County Jail at the age of 47. September-October: On several occasions the FBI dive team searched the canal and the irrigation ditch perpendicular to the canal and found a fuse, hinge, washers and nuts, the inside part of the electrical control panel, part of the post the panel had been mounted on, and a timer box cover. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. The bomb is set off.. 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. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. And it is particularly challenging because, as Paul argues on appeal, there are no witnesses, no fingerprints on any of the bomb parts, no DNA, no confessions, and no admissions But it is the jurys prerogative, not ours, to weigh the evidence., They also stated that there was 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.. The attorney said he didn't take a fee to represent the Ayalas. 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. 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. From 1995-2014, they received grants worth $2.1 million. 3 Crim. 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. On August 17 Paul went to the police station voluntarily. Paul is Roger's son. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. We agree. We concur: November: By November the investigation had targeted Paul. Colusa Sun-Herald Obituaries - Legacy.com 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. We conclude the risk was very low. I am sure MS-13 will figure out I tipped authorities and will soon come for me. Chance of rain 100%. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. Obituaries from McNary-Moore Funeral Service in Colusa, California. 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. 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. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. 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 insists the limiting instruction could not cure the prejudice. 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. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. That explosion occurred in about 1991. The settlement also included about $44,800 in worker's compensation payments. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. The outside square of the diagram is the electrical box that we've described.. 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. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. Simply put, the jury concluded beyond a reasonable doubt that based on this evidence, Paul was guilty of first degree murder. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. 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. We agree with the trial court that the document was therefore relevant to prove motive. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. According to Case Law, Paul Moore regarded the Ayala brothers with animosity and said of Roberto, Those son-of-a-b******, they are trying to take over my life. Becoming windy late. Where is Fabian Ayala Today? - The Cinemaholic After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. As a result, Roger had the duck blinds removed. 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. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. Whoever is driving the Ford is very much in danger. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. Paul injured his back and had to give up construction. He did not like Roger and Roger did not like him. He needs to be careful. Expert in Vietnam devices. 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. Third Appellate District (Colusa) (Super. 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. 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. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. The boy had to run two miles to get help. Find Dr. Moore's phone number, address, hospital affiliations and more. McNary-Moore Funeral Service - Home - Facebook For the first time at trial, however, he testified he got into the truck and tried to drive it. 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. 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. Who is Roger Moore? Where is Paul's Father Now? Roger Moore's Net Worth Without debating semantics, the point is that we must defer to the trial court's determination whether the evidence is substantially more prejudicial than probative unless the court has strayed too far from what is reasonable and sound. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. Elena Paul & Kurt Richter Jv * Colusa, CA 95932: $1,211,092 * USDA data are not "transparent" for many payments made to recipients through most cooperatives. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. (People v. Vereneseneckockockhoff (1900) 129 Cal. They attempted other ventures that failedPaul in construction, Peter in starting a sod business. Express your opinion! 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. The Legislature therefore has declared that evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion. (Evid. 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. In short, he could not tell them apart. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. The next guy might not catch the error in info and the wrong person will die. As they were driving, they noticed Paul's truck behind them. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". 3 Crim. 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. McNary-Moore Funeral Service in Colusa, CA. Prosecution experts did not find any evidence of value on Peter's devices. There is no question, however, that the evidence was remote in time. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. 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. 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. Paul objects to the prosecutor's use of a DNA analogy. Periods of rain. 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. A defendant's writings have been admitted to prove motive over defense objection. 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. 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. We cannot say the trial court abused its discretion by admitting evidence of a pattern of fascination and aptitude with building things, some requiring electrical aptitude and some that did not. 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. Name, age, vehicle I.D. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Poyner said that after the verdict was announced, he called Peter Moore.

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