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. On July 16, 2011, he was killed in front of his son. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. This envelope had a postmark from Colusa. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. 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. The bomb exploded, injuring Paul and his friend. Sorry, there are no recent results for popular videos. The indented sheet had his fingerprints all over it, the paper matched paper from his house, the ink matched ink in the printer from his house, the labels matched his labels, and the fishing line attached to the bolt matched fishing line from his boat. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. Periods of rain. The bolts were just like the bolt discovered at the scene of the explosion. Paul Wynn Jan. 12, 2023. Low 41F. An explosive enforcement officer testified that booby trap devices are victim-operated. He explained that just above the pipe bomb was a mouse-trap assembly that was used as a trigger. 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. 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? Although the trial was lengthy, they took less than a day to deliberate. He thought he was safe in the States. Two-inch gallon pipe and quart of gasoline in plastic bottle. During his apprenticeship, Paul worked alongside Roberto. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. C075231. He was born January 23, 1935, in Turner . 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. Half of the amount will go to. During the trial, Roger Moore testified he planned to share his half of the farm with his son, but that Paul Moore would have to work his way up in an effort to build respect from the employees, a situation that Druliner said Paul Moore resented. In his view, the admission of such prejudicial evidence rendered the state proceedings fundamentally unfair and violated his right to a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. 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. 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. 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. You have permission to edit this article. Why am I helping u? Who is Roger Moore? Where is Paul's Father Now? Roger Moore's Net Worth This is an argument defense counsel had the opportunity to effectively rebut in closing argument. After the trial in 2013, Moore appealed the decision in 2016. 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.' Express your opinion! Bomb Maker Convicted of Murder - LegiStorm Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. He had been angry and upset with the Moore family since he was 12 years old. Please try again. Previously driven by target one. She thereafter requested the opportunity to offer a surrebuttal. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. 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. Again, Paul's critique is the same: that is, the prosecutor grossly exaggerated his fascination with bomb making and extrapolated one incident into a proclivity to create multiple and more advanced explosive devices. Believe me and have time to do something to help these guys.. 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. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. He noted that in a stack of paper, indentations can appear five pages down. He assumed Peter was trying to get him fired. 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. 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. The defense argued that Peter had been present at the scene of the explosion. 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. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. Neither cousin was happy with his place within the family hierarchy. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. We cannot say the trial court's denial of defense counsel's request for surrebuttal constituted an abuse of discretion under these circumstances, and we also cannot say that additional argument on the same themes already argued would have changed the jurors' finding that Paul was guilty beyond a reasonable doubt. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. 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. The court summarized what it perceived was a two-part argument: first, that Paul had no part in the killing and had no motive to kill Roberto because everything was rosy for him at the farm and he had worked his way into a happy partnership with his father; but second, his cousin Peter, who was bitter and estranged from the farm he loved, was a plausible bomb builder because he was capable of constructing the simple explosive device in question, particularly with the assistance of the YouTube video found on his computer. IPeter or Paul: Substantial Evidence to Support the Verdict. ), Admission of character evidence, however, is subject to special rules. He remained so bitter toward his father he begged his grandmother to disinherit him. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. The bomb is set off.. From 1995-2014, they received grants worth $2.1 million. We concur with the trial court's analysis that [t]his comment can, in the context of a case where the prosecution presented dozens of witnesses over several weeks, only fairly be understood as a comment that witnesses can be called by either side. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. That explosion occurred in about 1991. David Moore (Larry), 78 - Grimes, CA Public Reputation Profile at Clearly, they both had hoped to assume managerial positions on the farm. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. and plate number. 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. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Copyright 2023, Thomson Reuters. The action you just performed triggered the security solution. 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. 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. 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. According to Paul, something had been placed at the pump to cause the explosion. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. He stressed that Peter's history of acting out with physical force, coupled with his hatred for Roberto and his lifelong ambition to work his grandfather's farm, constitutes overwhelming evidence that Peter was the murderer. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. The delivery and return addresses were printed label strips made with a label maker. McNary-Moore Funeral Service Obituaries - Echovita Cemetery Records. 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. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . Contact us. A Sustainable Legacy Founded over 90 years ago, at Moore Farms we vow to apply our family farming experience toward growing the finest produce for you, the customer and consumer. The potential prejudice of admitting the evidence was slight. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. Moore was cuffed and booked at the Colusa County Jail at the age of 47. 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. Since he was seven, when his father was tragically killed, he is 16 years old now. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. Without going as far as the prosecutor in overstating the probative value, therefore, we do conclude the risk of prejudice was so conspicuously slight that it did not substantially outweigh the probative value the explosion-making incident had in establishing that Paul did have some familiarity, even if rudimentary, with working with explosives. The letter read: I am responsible for the panel explosion. He dropped his clippings from his landscape business 40 yards from the pump. He insisted that Peter planted the indented paper and that his fingerprints were left on the top sheet when he placed his hand on it to adjust a window shade. On that same day, Paul cast aspersions on Peter. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. As soon as that door starts to open, that washer is free. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. ), Wiretapping: In opposition to the defense motion in limine to exclude the evidence of wiretapping, the prosecutor argued: Defendant climbed a telephone pole and attached a wire to the line, running the wire to a recording device. Periods of rain. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. Their hopes had not materialized. The target is brother of target one and drives Chevy. Paul returned to work on the farm a few years before the explosion.
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