The boy witnessed the explosion that killed his father. 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. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. 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. 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. ADVICE: Are North Americans wimps when it comes to pain tolerance? They seized this sheet but not the sheets of paper below it. The admissibility of uncharged acts depends upon three principal factors: (1) the materiality of the fact sought to be proved or disproved; (2) the tendency of the uncharged crime to prove or disprove the material fact; and (3) the existence of any rule or policy requiring the exclusion of relevant evidence.' 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. Since he was seven, when his father was tragically killed, he is 16 years old now. But the degree of sophistication it takes to wiretap is not dispositive. 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,. We agree. Code, 1101, subd. Poyner said that after the verdict was announced, he called Peter Moore. But apparently they had little difficulty reaching their verdict. 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. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. If the verdict is supported by substantial evidence, we must defer to the trier of fact; yet a verdict cannot be sustained based on suspicion alone, or on imagination, speculation, supposition, surmise, conjecture, or guess work.' 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. 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. According to Gingery, the Moores receive millions in agricultural subsidies annually. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. Low 41F. 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. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. Find Dr. Moore's phone number, address, hospital affiliations and more. Sorry, there are no recent results for popular videos. The letter stated: Ayala was actually warned what would happen if he screwed with these people. C075231 (Super. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. Rainfall around a quarter of an inch. I am over this life. As they were driving, they noticed Paul's truck behind them. White Ford, same plate number. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Medicare vs. Medicare Advantage. #Dateline tonight at 9/8c. This was my first and final job. Winds S at 20 to 30 mph. Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. 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. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. Peter's house was searched a few days after the explosion. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). I received info and instructions via USPS. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. 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 had been angry and upset with the Moore family since he was 12 years old. There was no direct evidence of who designed, constructed, or placed the explosive device. We find no merit in Paul's objection to the admissibility of his own life story. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. In The Court of Appeal of the State of California. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. 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 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. On October 3 investigators also found spikes down a private farm road. 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. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. That explosion occurred in about 1991. Paul Roger Moore was found guilty today of murdering Roberto Ayala. "I feel like I've lost two sons in one time," Roger Moore said. Sorry, there are no recent results for popular commented articles. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. 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. The lack of complete alignment resulted from the diagram or indented sheet being moved, the diagram being drawn at different times, or a line being overwritten. 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. 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. Please try again. "The bells of justice have finally rung for us," Ayala said. He assumed Peter was trying to get him fired. Moore was convicted of killing Roberto Ayala. ), Nevertheless, the Legislature also recognized that some otherwise inadmissible character evidence should be considered by a jury because it is relevant to prove identity, intent, or knowledge. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. 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. For the first time at trial, however, he testified he got into the truck and tried to drive it. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. 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. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. 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. It will be reassigned in five weeks. The settlement also included about $44,800 in worker's compensation payments. 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. 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. 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. Paul was afforded a fair trial, the appeals court said at the time. Ultimately, the Ayala family was awarded $20 million. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. They will find him. Moore is the owner of the Moore Brothers Farm. Two-inch gallon pipe and quart of gasoline in plastic bottle. 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. They asked for the testimony of only one witness to be reread to them. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. He thought he was safe in the States. 107 5th St, Colusa, CA. The evidence is all circumstantial. . And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. He was born January 23, 1935, in Turner . 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. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. Most significantly, Peter broadcast his contempt for Roberto. And he drove his ATV over the field with his friend Blane Martin on a regular basis. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. 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. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Higher wind gusts possible. He was the farm foreman. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. What is Roger Moore's Net Worth? Chance of rain 100%. We accept for purposes of this issue the trial court's characterization of the defense closing argument. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. Thus, the court disagreed with Paul's threshold argument at trial that the prosecutor's rebuttal was improper because it exceeded the scope of the defense closing argument. Your IP: Neither cousin was happy with his place within the family hierarchy. I have nothing to say to that man, other than bye-bye.". We conclude the risk was very low. He thereafter refused to come back for any additional interviews. He has endangered others in his family. Cloudflare Ray ID: 7a2e78bba8bccfb8 They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. The prosecution called a litany of forensic experts connecting Paul to the sheet of paper with the indentations of the bomb diagram, the paper in the printer to the paper used in the diagram of the bomb, the ink in the copier to the ink used on the second letter and the diagram, the type of labels used in the letters and diagram to the type Paul used on his own files, and the fishing line found in his boat to the type of fishing line used in the bomb.