History of West Virginia, Old and New, James Morton Callahan. Ferrell's trial started on January 25, 1989. Id. Enclosed with the letter was the sum of two hundred dollars in twenty dollar bills. 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. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. They have also lived in Morgantown, WV. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. Kim claimed that "screaming and gunshots" were common in the area. Ferrell continues to maintain his innocence. William Ferrell is a 1978 graduate of Douglass-Huntington High School in Huntington, West Virginia. 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. 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. Skip Ancestry main menu Main Menu. I believe a similar flaw underlies the testimony of Agent Lynch in this case. Another person whom the "doctor" called testified that the caller noticed when the employee missed a paragraph on page 177, and asked if she would go back and read it. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! William P Farrell, 54. William Farrell b. Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. (XVIII.) Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. 150 (1954). [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. This Court has recognized that the results of properly conducted and generally recognized blood tests are admissible at trial if they are relevant to some issue. 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. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. He also said that smoke from some unexplained source had been spotted near it. An analogous situation arose in State v. Walters, 99 Or.App. 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). Id., at 130. "A. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. He was also involved in boxing. Charlene Reinhart 12/28/12. You already receive all suggested Justia Opinion Summary Newsletters. 19401. On 20 February 1988, when his girlfriend, Cathy Bernard, asked him if he had heard about Cathy Ford's disappearance, Paul Ferrell said that he had heard about it, that he knew who Ms. Ford was, and that he was afraid that people might suspect him or his brother of involvement in her disappearance. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. They noticed that she appeared to be nervous when she noticed them. Currently, marriage records are available for the following counties and years. Results: Unresolved. For example, where prisoners briefly confined prison guards in the course of an escape, and did not use any guards as hostages or shields, this Court held that the kidnapping was incidental to the escape. When she asked who or what the investigation concerned, he would not tell her. Rebecca Pariseau 3/18/13. 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. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. On 23 February 1988, Paul Ferrell had withdrawn two hundred dollars from his personal savings account. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. Lat: 38 41' 41"N, Lon: 81 16' 10"W Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. Rehearing Denied November 8, 1990. , West Virginia, USA; Burial Details Unknown . Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. States in the 20th Century. However, she refused to tell her coworkers about the reason behind the call. Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. The man wanted Ms. Ford to meet him at his office at 3:00 p.m. the same day, to discuss some checks. Last Name. His current term ends on December 1, 2024. 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. The defendant was charged and convicted under W.Va.Code, 61-2-14a [1965], the general kidnapping statute.[6]. See State v. Weaver, ___ W.Va. ___, 382 S.E.2d 327 (1989); Bennett v. 3 C Coal Co., ___ W.Va. ___, 379 S.E.2d 388 (1989). at ___, 382 S.E.2d at 331. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. I am authorized to state that Justice McHUGH joins me in this dissent. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. The trial court failed to suppress the statement taken from the petitioner as it was not voluntarily given. View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. On March 11, the FBI searched the area. She has a 1995 bachelor's degree in Journalism from West Virginia University. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . Some time weapon, eyewitnesses, or physical evidence such as fingerprints, hair and Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. Later that day, a man claiming to be an undercover officer called Ms. Ford with information concerning a possible investigation of her family's restaurant by the liquor licensing authorities. Between 1880 and 1920, southern West Virginia's population grew from 93,000 to 446,000, due almost entirely to the coal industry. Paul was named West Virginia Trial Lawyers Association Member of the Year (2002) and is the Past President of the West Virginia Association for Justice (2011-2012). promised. Home; Trees; Search; DNA; Explore; Help; . rensselaer county police blotter 2020; Sndico Procurador . Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." 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. Finally, and most importantly, the State's DNA expert admitted that because of the smallness of the sample, there was no way to determine whether these bloodstains came from the same person. . Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . From 1 February 1988 to 17 February 1988, several young women in the area received strange calls in which a man purporting to be someone other than Paul Ferrell directed them to the area near Mr. Ferrell's trailer along the Bismark Road. Exhibit Q 134, a wooden brace which ran from the bottom of the defendant's trailer to the ground, was found to contain the PGM type 1 + 2 + marker as well as an enzyme, erythrocyte acid phosphatase (EAP type BA). (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) Gen., Atty. Thus the jury was given the figure of 10,000 to 1 odds the defendants were guilty. Delbarton . agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. (VII.) He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. (XVI.) Certainly, as a minimum beginning point, the majority writer might have cited his recent opinion in State v. Woodall, ___ W.Va. ___, 385 S.E.2d 253 (1989), where the threshold rule for the admissibility of expert testimony in such circumstances was outlined in Syllabus Point 1: "Under W.Va.R.Evid., Rule 702, expert testimony concerning generally recognized *849 tests is presumptively admissible and the burden of excluding such testimony is upon the side seeking exclusion. paul william ferrell west virginia That number comes from a resiliency plan developed by the city, which lays out how money would be spent if awarded. Roger W. Tompkins, Atty. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. this kind of evidence has been allowed to go to a jury. We found 14 records for people named William Ferrell in 13 cities in Virginia throughout Roanoke, Broadway, and 11 more cities! In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. the prosecution purportedly engaged in mathematical wizardry which made However, this Court went on to say that, "if the state had been able to demonstrate that this had any reasonable bearing upon the intensity of the emotional relationship and, therefore, upon the strength of the motive, it would have been admissible testimony." March 26, 2022. See State v. Clements, ___ W.Va. ___, 334 S.E.2d 600, cert. Trusted by millions of genealogists since 2003 As in the cases cited above, the State did not offer the phone call evidence to show that defendant was more likely to commit the crime of kidnapping. Mr. Ferrell also assigns as error the lack of a "meaningful" in camera hearing before evidence of the phone calls was admitted. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. She also claimed that Maryland prosecutors pressured her to testify to what was written in the statement. of the ordinary on the day in question. [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. [7] The tests demonstrated that Cathy Ford's father had Type O blood and carried the following genetic markers: PGM type 1 + 2 +; EAP type BA; Hp type 1. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. Consequently, she refused to leave work to meet him, and he responded that he would have to get in touch with her at a later date. Blood was also found on a piece of material in a waste basket. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. Moreover, the real question, left unanswered by the majority, is whether this evidence, if admissible, establishes an intent *848 or motive for the kidnapping. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. STATE of West Virginia v. Paul William FERRELL. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. He was afraid because Ms. Ford was last seen heading in the direction of Mt. The prosecution conjectured that 1 in 10 cars is yellow, and that 1 in 1,000 couples inter-racial. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. The parents' blood was analyzed for the same markers as if they had come from a common source. 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. 2. Despite the prior intimate relationship between the defendant and the victim, we held that there was "no evidence of any overt act or statement indicating that the defendant was sexually motivated to remove [the victim] from [the] home." Perhaps in an attempt to explain why he was obsessed, he told Ms. Bernard that he knew Cathy Ford well, and that they had been intimate about a year before he met Ms. Bernard. Real Name: Paul William Ferrell Case: Appeal Location: Gormania, West Virginia Date: February 17, 1988 Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. However, she later stated that she wasn't sure if it was him. On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. Dissenting Opinion of Justice MILLER December 19, 1990. . What percent of the population has a genetic marker of PGM 1 + 2 +? "Q So that would include both male and female? Links: Manage all your favorite fandoms in one place! An in camera hearing on evidence such as the phone calls involved here is required by State v. Dolin, ___ W.Va. ___, 347 S.E.2d 208 (1986). The majority agrees that it was error for the prosecution to elicit from F.B.I. . commuted Ferrell's sentence in Jan. 2001. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. jose munoz death tulsa ok; jobs at arsenal training ground; scotiabank priority pass registration While doing so, he said that he observed signs of guilt through Ferrell's body language. Evidence of Mr. Ferrell's motive for luring Cathy Ford to his trailer comes from the telephone calls he made to bookstores and libraries for sexual gratification. Dissenting Opinion of Justice MILLER December 19, 1990. [4] Some employees read some of it to him, and others would not. The region's first coal miners primarily were African Americans, both enslaved and free. v. Mared Malarik and Karen Ferrell were both . Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. paris romeo and juliet paul rudd; how tall is sarah waddingham; wagner ring cycle performances 2022; how many yellow cards before suspension in scottish football; carne de puerco es mala para diabeticos; paul william ferrell west virginia. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. The alleged magistrate said that he was conducting an investigation of someone she knew, and needed to question her at the Mt. Ferrell claimed that he did this because he wanted people to stop searching and didn't want them to find Cathy's car in his backyard. Judge Williams was an associate attorney at the law firm of Bowles Rice McDavid Graff & Love from 1991 to 1993, before . 2. SB 268 places a "marriage . 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. It appeared as though it had been covered up in an attempt to keep it from ever being found. State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. He also got the case Some time after Ford's disappearance, her boyfriend . Cases Without a Body. Bibliographic information. His parents owned a general store; after serving in the military, he came home to help run it. The court had already correctly instructed the jury that it could choose between two verdicts, "guilty" and "not guilty" so that the distinction was clear. 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. About a week after Cathy vanished, Ferrell told a volunteer searcher that she call off the search for 48 hours because police found "solid evidence". The most that could be said was that the blood was not inconsistent with that of Cathy's parents. Page 836 [184 W.Va. 125] Syllabus by the Court. The trial court erred by failing to conduct a proper Bamjoman [sic] hearing. The man drove back one-half hour later, and drove out again later in the afternoon, at which time Ms. Nelson saw a side-view of the driver. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. An FBI agent testified that while giving Ferrell a hypothetical scenario After graduating from the University of Notre Dame with a bachelor's degree in government in 1994, Paul Farrell attended a West Virginia University (WVU) football game with his father, Judge Paul Farrell. You're all set! Between 28 September 1987 and late November 1987, several women in Grant County, West Virginia and nearby Garrett County, Maryland received unusual phone calls from a man who directed them to various locations near Paul Ferrell's trailer on the Bayard-Wilson-Corona Road, including the trailer itself and a garage building near the trailer. The trial court's sequestration order was violated which should have resulted in a mistrial. All of the recipients were attractive women between the ages of nineteen and thirty-nine. blood to be that of a woman, but DNA tests could not match the blood to I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. giving her testimony, Kitzmiller says she waited for prosecutors to produce However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. "Q. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. Paul William Johnson. [3] Indeed, in closing argument, the prosecution stated that the telephone calls demonstrated that the defendant had a "perverse or somewhat abnormal attitude" and that he was "depraved of heart and mind.". The court found sufficient evidence to support the convictions based on several sexually suggestive remarks the defendant had previously made about the victim to third persons. While the young woman was filling in, a man telephoned Viola Knotts, an elderly woman who lived across the street from the post office, and asked her to tell Rose Bosley to come and get her mail carrier whose car had broken down between Bismark and Cherry Ridge Road. A witness described the robbers as a white woman and a black man who left the scene in a yellow car. She drove off in her father's Silver Bronco and was never seen again. Paul Ferrell had recently begun working as a deputy sheriff for Grant County. Some of the locations were just a few hundred yards from his trailer. This man, however, was not a real magistrate; at the time, both magistrates in Grant County, West Virginia, were females and nearby Maryland does not have magistrates. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. Although Cathy has never been found, it is assumed that she is deceased. Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. Meaning of Ferrell. Farrell's became known for their offer of a free ice cream sundae to children on their birthday. They I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. It is important to note that eyewitness sightings of missing persons have often been proven to be false. [4] The Boston Women's Health Book Collective Staff. Ferril, Ferrel, et al.) Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. Rehearing Denied Nov. 8, 1990. In 1963, he and his brothers purchased the company, which serviced the coalfields and communities of southern West Virginia and surrounding areas. You can explore additional available newsletters here. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. There have been a number of federal cases in which evidence of other bad acts has been admitted under FRE 404(b). Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. According to investigators, the women had one thing in common: they all knew Ferrell. Rptr. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . 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. 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. Author. 521, 789 P.2d 1386 (1990), in which the defendant was tried on charges of attempted kidnapping and attempted sexual assault after approaching a thirteen-year-old girl and offering her money to enter his vehicle to help him search for a lost dog. Decided July 24, 1990. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. On the same day that Ms. Ford disappeared, two other women received telephone calls from a man purporting to be a magistrate. was a common name in the American regions of Virginia and North Carolina by the 1730s. His driveway led to a seldom travelled road that led to the site of the burned Bronco. At 1pm, she received a phone call; the caller claimed to be a magistrate and said that the sheriff's department was cracking down on bars and restaurants about selling alcohol to minors. call from a man she took to be Ferrell. The prosecution contends that the defendant, Paul Ferrell, used fraud to entice Ms. Ford into Grant County, West Virginia for the purpose of gaining a sexual concession or other advantage from her, and that Mr. Ferrell subsequently murdered Ms. Ford and disposed of her body, burning her vehicle to cover up the crime. the found blood look like that of Ford's. about Paul Ferrell killin' anybody, and that she had not heard anything out Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." 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. At the beginning of the general charge, the court cautioned the jury that they were not there to judge the defendant for crimes that were not charged in that proceeding. surrounding the vehicle. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. She claimed that investigators told her that they knew he was the caller and that they could prove it. The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. He then asked women clerks to read the same sexually explicit passage. serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. Id., at ___, 378 S.E.2d at 646 n. 7. 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . Paul Thomas Farrell Jr. was born to Judge Paul Thomas Farrell and Charlene Marie Linsenmeyer on July 1, 1972. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . History of West Virginia, Old and New, Volume 2. When Christopher Columbus Ferrell was born on 3 May 1873, in West Virginia, United States, his father, David Music Ferrell, was 23 and his mother, Elizabeth Susan Jones, was 20. Witnesses placed him at a phone booth outside of the magistrates' office at the Mount Storm Fire Hall on the day Cathy vanished. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. It specified that she heard the sounds on February 17; she claims that she did not specify that day. 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. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. [3] The testimony was unclear on the exact contents of the letter and of the subsequent conversation between Cathy Bernard and Paul Ferrell. 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. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 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. The majority, however, was undoubtedly not concerned with this point because it intended to conclude that the error was harmless, a result which borders on the absurd. What percentage of the population has a blood type A? On 20 March 1988, Paul Ferrell was arrested. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Mr. Farrell is widely recognized by his peers as a pioneer and authority on . [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. I cannot find this error to be harmless. sexual reasons, his trial included circumstantial evidence that he had Publisher. Another woman who received a strange invitation that same day was Rose Bosley, a part-time postmistress in Gormania who usually worked on Saturdays. She left work, went home, and took a shower. However, new evidence began to surface that suggested that he may have been innocent. Filter by City. mick tucker death; when is the route 40 yard sale 2021 Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. It must be remembered, however, that the State's case was based entirely on circumstantial evidence.

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