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. 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. On November 24 they noticed the device was not working and they went to Paul's house to investigate. During his apprenticeship, Paul worked alongside Roberto. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. As they were driving, they noticed Paul's truck behind them. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. Paul injured his back and had to give up construction. 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. and plate number. Gunner also reported that, according to his dad soon after the explosion, his grandfather feared that there was a booby trap in the switch and stated that someone must have been a genius to be able to do that, some type of electrical genius.. He learned that a bell rang every time a verdict was made. Contact us. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. Clearly, they both had hoped to assume managerial positions on the farm. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. The fact that the document described the history of the family only added to its probative value. On August 17 Paul went to the police station voluntarily. Peter testified he was going to physically beat up Roberto. 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. But Peter's situation was far different. His son heard a loud explosion and saw his father on fire. He needs to be careful. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) 497, 508.) 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. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Rainfall around a quarter of an inch. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. But it is the jury's prerogative, not ours, to weigh the evidence. A Sacramento County jury found him guilty on Aug. 23. 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. 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. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. 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. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. Defendant insists there is no substantial evidence that he murdered Roberto Ayala, and the weak circumstantial evidence of his guilt is insufficient to sustain the verdict in the context of the more compelling evidence that his cousin Peter was the perpetrator. 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. We have completed one-half of our job by presenting the circumstantial evidence from which the jurors could have reasonably inferred that Paul had the familiarity with Roberto Ayala's work routine and how to operate the irrigation pump as well as the opportunity to plant the bomb and the unique skill set in electrical and mechanical design to have constructed the victim-activated explosive device that killed him. What is Roger Moore's Net Worth? 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. "We've waited 25. Colusa CA 95932. Powered by. 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. The circumstantial evidence against Paul Moore included opportunity to plant the bomb and familiarity with the farms, a unique skill set to fix electrical and pump problems, and Pauls bringing investigators a piece of metal he found near the explosion. Paul is Roger's son. 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. 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.. Low 41F. Dateline on NBC sheds light on the horrific murder of Roberto Ayala. That explosion occurred in about 1991. The vehicle, a 2006 Ford F-250, will be sold, he said. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. 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. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. 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. I got name, age, vehicle description, plate number and location. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Considered in context, there is no danger the jurors were misled or that the document examiner's expert testimony was falsely elevated to the stature of DNA evidence. The freehand drawing has some arrows on it. The wiretapping occurred in 1995 or 1996. He ran to help him, but his father was unresponsive. He was born January 23, 1935, in Turner . The defense argued that Peter had been present at the scene of the explosion. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. Nor do we find the prosecutor's equally innocuous statement that there is no such thing as a prosecution witness another example of prosecutorial error. hkruger@appealdemocrat.com. 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. EWG Farm Subsidy Database || Farm subsidies in Colusa County, California He dropped his clippings from his landscape business 40 yards from the pump. 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. 13.56.206.54 On appeal, Paul challenges the court's denial of her request. We have found no error at all, and therefore there are no errors to accumulate. 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. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. 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. (a). Offer condolences/tributes, send flowers or create an online memorial for free. 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.. "We've waited 25 months and. 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.