The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. Cases Without a Body. Find Paul Ferrell's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Cathy Bernard's testimony on this matter was offered to link Paul Ferrell to the telephone call to Cathy Ford concerning a liquor investigation of her family's restaurant. The trial record is completely barren of any effort on the part of the State to make the threshold demonstration that the interpretation of body language has become recognized in the scientific community. He then asked women clerks to read the same sexually explicit passage. Ferrell claimed that he and Cathy were more friends than lovers. Amelia Ferrell Knisely said she had been warned to stop reporting on . The region's first coal miners primarily were African Americans, both enslaved and free. [4] The Boston Women's Health Book Collective Staff. They have also lived in Alexandria, VA and Washington, PA. Martha is related to Margaret Janice Ann Hively and Joseph William Ferrell as well as 2 additional people. STATE of West Virginia Unsolved Mysteries Wiki is a FANDOM TV Community. Gen., Atty. The samples proved to be those of a woman. Mr. Ferrell was not lying when he said the evidence was on those roads. Huntington, West Virginia, is the capital of America's opioid epidemic. (emphasis added), (VIII.) In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. However, she later stated that she wasn't sure if it was him. [7], Thereafter, Agent Lynch was asked to compute the percentage of the population which would carry all of the genetic markers found in the samples analyzed in the criminal investigation. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. State v. Brumfield, ___ W.Va. ___, 358 S.E.2d 801 (1987). Dissenting Opinion of Justice MILLER December 19, 1990. . His parents owned a general store; after serving in the military, he came home to help run it. However, when his girlfriend, Cathy Bernard, visited his trailer on 14 February 1988, she had not noticed any stains on the master bedroom carpet, nor any strong odors. Educator, Business Owner, Developer Born April 17, 1961, in Charleston, West Virginia Parents David and Pauline Ferrell Spouse Tracy Ferrell Children Brooks Ferrell and Danica Ferrell Education A.A.S Business Management and Marketing, WVSU; B.S. [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. In Miller, the facts showed that the defendant forced the victim to travel a not inconsequential distance, confined her behind a locked gate for a substantial period under threat of physical harm, before committing the separate offense of sexual assault. Lat: 38 41' 41"N, Lon: 81 16' 10"W They continued until the time Cathy vanished. Sometime between 10:30 and 11:00 on Wednesday, 17 February 1988 (the day the victim disappeared), the magistrate and her assistant observed Mr. Ferrell using the public pay phone outside of the office. U.S. v. Kerr, 778 F.2d 690 (11th Cir.1985), was a prosecution for mail fraud and conspiracy to commit mail fraud, based on the predicate crime of arson of a pharmacy. Instead, the defendant challenges the conclusions of Agent Lynch, asserting that it was error to allow her to testify, in effect, that the bloodstains found at the defendant's trailer could have come from Cathy Ford based on her analysis of the victim's parents' blood and to offer statistical analysis as to the percentage of the population with the same genetic markers revealed by the analysis. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. call from a man she took to be Ferrell. . Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. History of West Virginia, Old and New, James Morton Callahan. [2/08], References:Justice: If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . burned truck 75 yards from Ford's trailer home. It is apparent that at any point along the way the salesperson could have terminated these voluntary activities by hanging up or by advising the caller that it was not customary to read books over the telephone. Agent Audrey Lynch, a forensic serologist, testified that her analysis of these samples demonstrated that one contained human protein, but could not be confirmed as containing blood, five contained blood which could not be confirmed as human, and the remainder contained human blood. Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. This Court, in State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974), recognized that relevant evidence of prior crimes or wrongs is admissible to establish motive, intent, absence of mistake or accident, identity, or existence of a common scheme or plan. Syllabus point 1 of State v. Smith, 169 W.Va. 750, 289 S.E.2d 478 (1982), this Court stated: The trial court could have corrected whatever problem there might have been in the charge, if asked to do so. The most that could be said was that the blood was not inconsistent with that of Cathy's parents. The FBI was able to identify some of the blood as human, and the blood type was not inconsistent with blood of a child of the victim's parents. Mr. Ferrell then went into the truck bay area of the fire hall, where a phone available to the public was located, remained there a while and then left. In December 1989, a couple from the Gorman area was passing through Tennessee when they visited a restaurant and noticed that the waitress looked like Cathy. They noticed that she appeared to be nervous when she noticed them. Ferrell continues to maintain his innocence. Lat: 38 43' 54"N, Lon: 81 16' 02"W March 26, 2022. What does Ferrell mean? first time, ever, in the history of American criminal jurisprudence, that However, David Ferrell, defendant's brother, told Ms. Bernard that he knew nothing about that, and that if Paul had had an affair with Ms. Ford, he would have known something. Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. Users can search the records and view scanned images of the original records. Gen., Richard M. Riffe, Sr. Asst. 19401. Ford. The appeals court noted that the sentence to which objection was made was "not intended as a complete statement in itself of all the elements of the crime charged," and that other parts of the court's charge resolved any possible ambiguity. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. "Q. This Court set out the standard in Syllabus point 1 of State v. Starkey, 161 W.Va. 517, 244 S.E.2d 219 (1978), where we said: Thus, it is with this standard in mind that we must consider defendant's assignment of error. The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. The defendant was not seen with Cathy Ford on or near the date of her disappearance, and her body had not been found at the time of trial. "The only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . Upon an examination of the context in which the phrase "guilt or innocence of the accused" was used, and considering the purpose of the instruction in which that phrase is to be found, we find that there was no error. He assumed office on December 1, 2022. Date of Birth: April 17th, 1961 By 1850, approximately half of Kanawha County's slaves worked in the salt industrymany mined coal to fuel the furnaces. When she asked who or what the investigation concerned, he would not tell her. After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. . In Smith v. Bordenkircher, 718 F.2d 1273 (4th Cir.1983), cert. When the questions combine the genetic markers to elicit smaller probability answers, the fundamental premise is that the markers came from a common blood source. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. I am authorized to state that Justice McHUGH joins me in this dissent. Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. See State v. Dolin, ___ W.Va. ___, 347 S.E.2d 208 (1986), overruled on other grounds, State v. Edward Charles L., ___ W.Va. ___, 398 S.E.2d 123 (1990). (XI.) The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. Ferrell became the focal point of the investigation. The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. Agent Lynch testified that the offspring of these two people would have to carry the Hp type 1 marker and that the other test results were not inconsistent with the characteristics that might be found in the blood of such offspring. after Ford's disappearance, her boyfriend, Darvin Moon, discovered her badly Thus we conclude that Agent Curtis' opinion on the nodding, particularly when taken in the context of defense counsel's skillful cross-examination, had no prejudicial effect on the jury and the error committed was harmless. According to investigators, the women had one thing in common: they all knew Ferrell. When Ms. Bernard asked Paul Ferrell about the note later, he seemed concerned, and explained that someone from the liquor board was going around to various places in the area trying to get them to sell liquor to minors, and that the note had something to do with that.[3]. [1] From these meager facts, the *847 majority concludes that "[t]he record shows that Paul Ferrell made numerous phone calls to bookstores and libraries, and that he regularly received sexual gratification from interaction with persons who were not voluntary providers of sexual gratification." I know of no court which has sanctioned such an approach. In these calls, he posed as either a doctor, police officer, or a magistrate. "Q So that would include both male and female? 2d 320 (1980). Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. If any person, by force, threat, duress, fraud or enticement take, confine, conceal, or decoy, inveigle or entice away, or transport into or out of this State or within this State, or otherwise kidnap any other person, for the purpose or with the intent of taking, receiving, demanding or extorting from such person, or from any other person or persons, any ransom, money or other thing, or any concession or advantage of any sort, or for the purpose or with the intent of shielding or protecting himself or others from bodily harm or of evading capture or arrest after he or they have committed a crime, he shall be guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary for life, and he, notwithstanding the provisions of article twelve [ 62-12-1 et seq. was burned elsewhere because there was no scorching on the vegetation I believe it was error to permit the State's blood expert to testify with regard to the genetic markers as they relate to the parents' blood and to the statistical probabilities when combined. William P Farrell, 54. The next day, Cathy's family and Darvin put up posters and organized search parties. Business Education, WVSU; M.A. The court said: The point the court was making benefited the defendant, but making the point concisely without using the word "innocence" to contrast with the word "guilt" would have been difficult linguistically without involved convolutions distinguishing "guilty" from alternatives like "failure to prove guilt beyond a reasonable doubt," etc. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. On February 4, 1989, he was convicted of kidnapping, murder, and arson. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. Ferrell was released pending an evidentiary hearing, but he was Definition of Ferrell in the Definitions.net dictionary. However, in State v. Hanna, ___ W.Va. ___, 378 S.E.2d 640 (1989), which also involved the kidnapping and disappearance of a young woman, this Court said, "[i]t is clear that kidnapping can be accomplished under our statute without force or compulsion since it uses terms such as `fraud', `decoy', `inveigle' or `entice away'". Officer Defendants, Murder 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. giving her testimony, Kitzmiller says she waited for prosecutors to produce When asked to explain Ms. Bernard's testimony that he had asked her to make calls claiming she was Cathy Ford, Paul Ferrell told police that on 20 February 1988, (three days after Cathy Ford disappeared), he asked Ms. Bernard to call someone saying Cathy Ford was alright, because he wanted to slow down the investigation so that his telephone calls might not be discovered. Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! Select this result to view Paul William Ferrell's phone number, address, and more. Judge Williams was an associate attorney at the law firm of Bowles Rice McDavid Graff & Love from 1991 to 1993, before . ___ W.Va. at ___, 378 S.E.2d at 647. Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. July 29, 1922 - June 21, 2015. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. West Virginia University, +1 more denied, 337 U.S. 957, 69 S. Ct. 1531, 93 L. Ed. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. [9] In Woodall, ___ W.Va. at ___, 385 S.E.2d at 261-62, we stated: "Blood type and enzyme tests have general scientific acceptance, and the distribution of particular blood traits in the population is ascertainable. William Ferrell is a 1978 graduate of Douglass-Huntington High School in Huntington, West Virginia. If, therefore, there was sufficient evidence from which the jury could find beyond a reasonable doubt that the defendant used fraud to entice Ms. Ford to his mobile home with the intent of gaining a concession or advantage from her, then his conviction must be affirmed. William Jesse Ferrell. (XV.) Despite numerous interrogations, the defendant made no confession. Storm Fire Hall sometime between 10:00 and 3:00. He went into the woods near it to investigate. Supreme Court of Appeals of West Virginia. Posted in: First Name. There is nothing in the record to indicate that other women in the area had been abducted for sexual purposes during the period in which the telephone calls to the bookstore were made or that the defendant had ever attempted to coerce anyone to engage in the sexual practices described in the phone calls. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. I believe a similar flaw underlies the testimony of Agent Lynch in this case. But in Sette the State had not attempted to make the connection, so the Court concluded that the evidence was introduced "exclusively for its prejudicial effect." They have also lived in Morgantown, WV. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. (XVI.) On 29 February 1988, Mr. Ferrell made a collect call from Uniontown, Pennsylvania to his girlfriend, Cathy Bernard, in which he asked her to call the Ford family to say Cathy Ford was alright. Id.[5]. Just as the general kidnapping statute, W.Va.Code, 61-2-14a [1965], does not require force, neither does it require transportation or confinement of the victim.[7]. High 38F. Find information on William Ferrell in VA. Browse our directory to see mobile phone numbers, previous & current house addresses, email addresses, and much more. There was no known blood sample from Cathy Ford which could be used for comparison. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. However, when a test is novel or not generally accepted, that circumstance alone meets the threshold requirement of rebutting any presumption of admissibility under Rule 702 and, therefore, with regard to tests that are not generally accepted the burden of proof that the test is reliable remains on the proponent.". On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. F.B.I. On Sunday, 21 February 1988, Ms. Bernard, before washing Paul Ferrell's clothes, found in a pocket a note that dealt with two people posing as a young couple and setting someone up by using a fake *839 identification card. ___ W.Va. at ___, 399 S.E.2d at 837. Agent Curtis was testifying as an expert witness with regard to responses he observed before and after, but not during, a polygraph test that he administered to Mr. STATE of West Virginia v. Paul William FERRELL. (IX.) SB 268 places a "marriage . On the same day that Ms. Ford disappeared, two other women received telephone calls from a man purporting to be a magistrate. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. He married his high school sweetheart, Rebecca Ruth . Although the phone call evidence was prejudicial to the murder and arson charges, it was admissible in the State's effort to prove the kidnapping charge. Her sister's phone number was later found written on the cover of a phone book in the living quarters of Mr. Ferrell and his brother, above Ferrell's Mart in Gormania, West Virginia. mick tucker death; when is the route 40 yard sale 2021 The jury is competent to determine the meaning of such everyday non-verbal communication, and Agent Curtis should not have been allowed to add an expert opinion. (XIII.) 1825 IRE in Turnberry, Ontario 1881. . They found no trace of her body or any evidence that proved she had been there. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. A witness described the robbers as a white woman and a black man who left the scene in a yellow car. Rptr. In State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985), this Court held that *844 one limit that must be placed on the broad scope of the kidnapping statute is that, "a kidnapping has not been committed when it is incidental to another crime." the found blood look like that of Ford's. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. Paul Ferrell made numerous phone calls to bookstores and libraries across the country, in which he posed as a doctor seeking information on anal sex and anal stimulation. There was no affirmative evidence of a sexual relationship between the defendant and the victim, and the medical examiner was unable to determine if she had been sexually assaulted due to the decomposition of the body. She also claimed that prior to the trial she signed a statement typed up by prosecutors without reading it. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. He watched the calamity unfold . Paul Ferrell then told Ms. Moreland, regarding the search scheduled for the following day, to search any place except the Bismark and the Cherry Ridge Roads. The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. A young woman who testified that it was Mr. Ferrell who had called her, said that he had asked for her sister's phone number at work. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. Title. The evidence at trial revealed that approximately twenty samples of what appeared to be bloodstains taken from the defendant's home and from Cathy Ford's vehicle were analyzed. However, new evidence began to surface that suggested that he may have been innocent. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . After the game, the two took a walk through the WVU College of Law . told me that he was a sicko, and that he needed to be put away. After When another waitress came over to them, she asked what the husband felt was a strange question for a restaurant off of a freeway: "You seem to be strangers here, where are you from?" Outlook: Big names are all over this bracket, led by returning champions Adrian DeJesus and Anthony Knox, who went back-to-back last year as freshman at 106 and 113 pounds respectively. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. The majority agrees that it was error for the prosecution to elicit from F.B.I. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. claiming that the prosecution convinced her to testify by telling her that The trial court's sequestration order was violated which should have resulted in a mistrial. v. The new post office had opened two days before, and did not yet have phone service, so Juanita Bosley, the regular postmistress asked the younger woman to fill in for her while she made telephone calls to various utility companies. My review of the law of other jurisdictions reveals no case in which evidence of this nature, which did not clearly demonstrate some nexus to the offense charged, was admitted under the precepts of W.Va. R.Evid. He was also involved in boxing. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. From the room in Mr. Ferrell's family store in which his telephone was located, Mr. Ferrell could see people come and go from the post office, and could also see Ms. Knotts' residence. Skip Ancestry main menu Main Menu. surrounding the vehicle. Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. Ms. Moreland was unable to reach enough people to call off the search, and when Paul Ferrell called back later in the evening to ask if she had been able to call off the search, she told Mr. Ferrell that she had not been able to do so. He sometimes joins with his challenge to the admissibility of the phone calls on anal sex, a contention that excerpts from the book The New Our Bodies, Ourselves, supra, should not have been admitted for the jury to read. The telephone there was a private one listed in the name of the defendant, and he used this phone to make many of his unusual calls. She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. proof of Ferrell's involvement in the Yellowstone murders, as they had He then made another "stupid mistake": he sent an anonymous letter to the restaurant, claiming that she had run away and wanted her parents to know that she was safe. James Morton Callahan.
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