Winds NNW at 10 to 20 mph. Chip Struckmeyer's rice farm is a model of 21st-century efficiency. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. Like the first letter, the text of the second was made with a label maker and photocopied. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. ), 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. 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. The two felt Roberto received more respect than them. 880 12th St Williams, CA, 95987. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. He did not like Roger and Roger did not like him. Filed 11/29/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Colusa) ---- THE PEOPLE, 3 Crim. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Where is Dr. Moore's office located? A document examiner expert testified at trial that the paper used in the second letter sent to the sheriff, the diagram, and the indented paper were chemically indistinguishable. 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. Investigators have few suspects until they hear ominous rumors about a jealous rage. The forensic testimony provided the most compelling evidence against Paul. 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. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. On November 24 they noticed the device was not working and they went to Paul's house to investigate. This information was not disclosed to the public. the board of supervisors of Colusa met. Hours. The essence of Paul's argument is that the wiretap had minimal probative value because of the lack of evidence as to the quantum of knowledge necessary to build the bomb that killed Roberto. . Contact us. 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. After a career of killing, I want to save a life before I take my life. Starving Farmer 2015 Directory of American Farmers. We've got a 2-hour mystery with @Dateline_Keith at 9/8c. Pollinator Habitat: Wallace Brothers Farms. 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. 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. Farms. When asked if his temper had caused problems for him in the community, he testified, I'm not the easiest guy to get along with. By his own account, his father not only physically abused him, but from the time he was eight or nine years old made him fight with other boys to resolve their conflicts. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. 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.' And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. We are not at liberty to reweigh evidence or revisit credibility issues. Location and meter number for panel. Taken together, their expert opinions constitute substantial evidence from which the jurors could reasonably infer that Paul was the author of the incriminating letters to the investigators and that it was the author of those letters with the knowledge of the intricacies of the bomb who must have designed, created, and planted it. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. Case opinion for CA Court of Appeal THE PEOPLE v. PAUL ROGER MOORE. California Department of Tax and Fee Administration. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. Another expert will do this job. In December 2016, a Colusa County judge approved a wrongful death lawsuit filed in 2013 by Ayala's family against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. 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. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. 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. Three days later, they received another letter containing a diagram of the device. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. About . The Registered Agent on file for this company is William Patrick Wallace and is located at 7144 Sacreiter Road, Arbuckle, CA 95912. The trial court cannot be said to have abused its discretion by admitting highly relevant evidence when the only prejudice is the fact the story Paul himself told was a damaging one. 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. [email protected]. He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. Whoever is driving that white F-250 is in great danger. We must accept its determination. 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. McNary-Moore Funeral Service in Colusa, CA. 42:49. 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. In other words, Martin believed Peter's bark is much bigger than his bite. Martin had never seen Peter actually engage in any sort of violence. Death can take a man unawares, even on a sleepy summer day Friday on #Dateline at 9/8c. 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. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. Ayalas 7-year-old son was with him but survived. We find no merit in Paul's objection to the admissibility of his own life story. His trial lawyer provided excellent representation and advocacy. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) Harness the power of maps to tell stories that matter. 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. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. FEMA outlines flood risk in Colusa, Williams and surrounding areas, Colusa moves another step closer to new jail facility, Colusa runs school record to 18 straight with win over Live Oak, Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. ArcGIS StoryMaps has everything you need to create remarkable stories that give your maps meaning. Paul was eventually arrested for the murder of Roberto Ayala. Barbara Wallace / January 6, 2014. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. . 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. 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. 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. Express your opinion! Fill out this form to submit a Letter to the Editor. We are a vertically integrated grower, buyer, and processor of almonds dedicated to providing our global customer base with superior quality and service. 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