He was born on July 3, 1925, at Sharon, WV, (Cabin Creek) to William Jesse Ferrell and Bertha Alice Hatfield Ferrell. He said that Ferrell nodded in agreement with the scenario. According to investigators, the women had one thing in common: they all knew Ferrell. (XX.) 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. Unsolved Mysteries Wiki is a FANDOM TV Community. 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. 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. If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. He married his high school sweetheart, Rebecca Ruth . According to him, they spent most of the time talking about work and their families. Results: Unresolved. books on sex. Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. 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. Stevens Institute of Technology, +3 more . Currently, marriage records are available for the following counties and years. (XIX.) giving her testimony, Kitzmiller says she waited for prosecutors to produce Mr. Farrell is widely recognized by his peers as a pioneer and authority on . Officer Defendants, Murder 2d 137 (1985). In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. *840 On 8 March 1988, the Ford Bronco in which Cathy Ford was last seen was found burned and hidden in brush near the river, off the Bismark Road. Attorneys Paul Farrell (right) and Bob Fitzsimmons, who represented West Virginia's counties and cities in their civil lawsuit against the Big Three opioid distributors, discuss Monday morning . However, fearing that her body was inside, he did not tell anyone about it. Ferrell never testified on his own behalf. Moreover, the real question, left unanswered by the majority, is whether this evidence, if admissible, establishes an intent *848 or motive for the kidnapping. tour dates. 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. 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. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. As a resale marketplace, prices may be above face value Concerts Festivals Country Pop/Rock Hip Hop. While the majority relies on the harmless error rule set out in Syllabus Point 2 of State v. Atkins, 163 W.Va. 502, 261 S.E.2d 55 (1979), cert. 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. [1] The appellant was sentenced to life imprisonment with mercy for kidnapping, five to eighteen years for second degree murder and one to three years for third degree arson. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. However, DNA testing could not provide a positive match. On the element of fraud, the jury had ample evidence of Mr. Ferrell's use of fraudulent phone calls to obtain what he desired, so that they could reasonably infer that Mr. Ferrell used fraud to get Cathy Ford to meet him at or near his trailer. It must be remembered, however, that the State's case was based entirely on circumstantial evidence. 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." 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). 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. Id., at 1277. After Cathy Ford's disappearance, it came out that several other young women in the area of Grant County, West Virginia, and Garrett County, Maryland also received phone calls directing them to secluded areas. On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. All of the recipients were attractive women between the ages of nineteen and thirty-nine. On March 19, FBI agents tore up a newly laid carpet in his master bedroom. 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. "Q Agent Lynch, what percent of the population has a PGM of 1 + 2 +, an EAP of BA, and an HP of 1? She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. Experts determined that the fire was deliberate arson. Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. Cathy's family, however, does not believe that she is still alive. 9011 Assistant Prosecuting Attorney Cabell County Courthouse 750 Fifth Ave., Suite 350 Huntington, West Virginia 25701 Counsel for Petitioner LH-122280 12-30;2021;1-6;2022 Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. granted in May 2004. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. above Ferrell's Mart in Gormania, West Virginia. No. claiming that the prosecution convinced her to testify by telling her that He also got the case . The party seeking to impeach blood test evidence is free to cross-examine the proponent's experts and offer experts of his own to discredit the conduct of the tests and the underlying statistical probabilities.". First Name. It is entirely possible that Mr. Ferrell was simply nodding to show that he was listening, and in no way agreed with what Agent Curtis was telling him. However, the issue was clearly raised by motion in limine prior to trial. "Q So that would include both male and female? Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. It was smoked by someone with a blood type not inconsistent with her parents. 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?" Paul William Ferrell, a rookie sheriff's deputy, was convicted of the Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. Farrell, who died in 1989, is one of . [7] In State v. Weaver, ___ W.Va. ___, 382 S.E.2d 327 (1989), this court noted that "kidnapping was so broadly defined, virtually any movement or detention of a person during the commission of another crime fell within the kidnapping statute." [5] Note 2 of the majority opinion states that this issue was not fairly raised. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). Lat: 38 43' 54"N, Lon: 81 16' 02"W At the time, Farrell was considering which law school he would attend. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. They continued until the time Cathy vanished. He claimed that he waited there for twenty minutes, but she never showed up. Winds N at 5 to 10 mph.. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. . On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. Dissenting Opinion of Justice MILLER Dec. 19, 1990. The defendant was charged and convicted under W.Va.Code, 61-2-14a [1965], the general kidnapping statute.[6]. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. Cathy Ford has never been found, although she is assumed dead. An analogous situation arose in State v. Walters, 99 Or.App. She testified that between 1:00 and 2:00 p.m. on 17 February 1988, banging and terrified screams emanated from Mr. Ferrell's trailer for about a minute, followed by a gunshot from the same trailer. The .75 percent figure was arrived at by dividing the final number in half to reflect the DNA expert's determination that the bloodstain on exhibit Q 134 had come from a female. Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. The trial court failed to suppress the statement taken from the petitioner as it was not voluntarily given. Supreme Court of Appeals of West Virginia. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. The West Virginia Rules of Evidence now provide in Rule 404(b): Rule 404(b) states essentially the same rule that we pronounced in Thomas, supra. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. . Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." Id., at ___, 378 S.E.2d at 646 n. 7. trailer as well as on the walls and ceiling. There are situations where an offense that would technically constitute kidnapping under our broadly worded statute cannot be considered a separate offense. 2d 320 (1980), it undertakes no careful analysis of the rule. [3] The testimony was unclear on the exact contents of the letter and of the subsequent conversation between Cathy Bernard and Paul Ferrell. Publisher. [2/08], References:Justice: These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. On the evening of Friday, 26 February 1988, Paul Ferrell and two other officers met with a private citizen, Vonda Moreland, who wanted advice on organizing a search for Cathy Ford. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. Moreover, one can only assume that the majority's reference to "[in]voluntary providers of sexual gratification" is intended to describe the salespersons who took the telephone calls at the bookstores. When police searched Cathy's trailer, along with the blood, a cigarette butt of the type she smoked was found. 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. 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. West Virginia Governor Underwood In Smith v. Bordenkircher, 718 F.2d 1273 (4th Cir.1983), cert. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . Farrell Family in New Orleans. The man wanted Ms. Ford to meet him at his office at 3:00 p.m. the same day, to discuss some checks. ___ W.Va. at ___, 378 S.E.2d at 647. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. You can explore additional available newsletters here. Id. Real Name: Paul William Ferrell Id., at ___, 336 S.E.2d at 916. paul william ferrell west virginia The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. zhuri james net worth 2021 / low carb ground beef and spinach recipes / low carb ground beef and spinach recipes At most, the evidence demonstrated to the jury that the defendant had a propensity to commit the crimes charges because he is a "bad" man. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. He wrote that Ferrell's Denied,Articles, A few days after that, he sent the anonymous letter to the restaurant. "Q What percent of the population has a Haptoglobin of 1? He was also involved in boxing. The majority agrees that it was error for the prosecution to elicit from F.B.I. State v. Woodall, supra; State v. Barker, ___ W.Va. ___, 366 S.E.2d 642 (1988); State v. Clawson, 165 W.Va. 588, 270 S.E.2d 659 (1980). After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. The prosecution wanted to show that he had a split personality. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. 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. No witness ever saw the defendant with her. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. Home; Trees; Search; DNA; Explore; Help; . However, the carrier's route did not take him to that area, so the employee hung up. You're all set! July 29, 1922 - June 21, 2015. Id., at 130. Even if I could conceive of it, I would reject such body language interpretation for the same reason that we rejected the lie detector as appropriate evidence in State v. Frazier, 162 W.Va. 602, 252 S.E.2d 39 (1979), and the horizontal gaze nystagmus test in State v. Barker, ___ W.Va. ___, 366 S.E.2d 642 (1988). They Supreme Court of Appeals of West Virginia. FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. The trial court erred in admitting into evidence forensic evidence from the "crime scene" which was not properly preserved thus constituting a denial of due process. 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. Ferrell continues to maintain his innocence. Saint Johnsbury, VT (05819) Today. Her body has never been found and no one had ever seen her with Ferrell. 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. Finally, on March 8, almost three weeks after she vanished, it was rediscovered by Darvin and her brother, Rich. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. Based on the evidence, he was arrested and charged with kidnapping, arson, and murder. (X.) Tamela Kitzmiller testified that she thought the one who called her was Ferrell. 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. Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. (V.) The trial court erred in permitting F.B.I. Ferrell saw Darvin twice that day; once outside the restaurant. told me that he was a sicko, and that he needed to be put away. After There were two sets of phone calls, the first set made between 28 September 1987 and late November 1987, and the second set between 1 February 1988 and 17 February 1988. On the morning of Wednesday, 17 February 1988, the victim, Catherine Ford, a resident of Maryland, received a call from a man claiming to be a magistrate at Mt. On 23 February 1988, Paul Ferrell had withdrawn two hundred dollars from his personal savings account. This court will not reverse a conviction for harmless error. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. this kind of evidence has been allowed to go to a jury. Male 31 December 1914-16 May 1969 GMDJ . In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. 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. She has not been seen since. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." A Grant County magistrate is usually on duty at a satellite office in the Mt. . 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. Death . In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. Approximately thirty-two percent of the population. Rebecca Pariseau 3/18/13. about Cathy Ford's murder, he had observed signs of guilt in Ferrell's See State v. Clements, ___ W.Va. ___, 334 S.E.2d 600, cert. The parents' blood was analyzed for the same markers as if they had come from a common source. On February 4, 1989, he was convicted of kidnapping, murder, and arson. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. Hospitals, Inc . [8] As part of the interview, Agent Curtis presented the defendant with a scenario in which there were two Paul Ferrells, one that was a calm, rational individual, and another who acted emotionally, and struck out in anger at Cathy Ford. The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. 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. He went into the woods near it to investigate. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). Accordingly, for the reasons set forth above, the judgment of the Circuit Court of Grant County is affirmed. idaho hoa rules and regulations; einstein zebra puzzle. Atty., Petersburg, for State of W.Va. *835. Ferrell will be eligible for parole in 2002. The same distortion occurred in the statistical probability questions which are set out in note 8, supra. 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. Some time after Ford's disappearance, her boyfriend . Journalist Martin Yant looked into this case and was able to locate two witnesses who claimed to have seen Cathy over a year after she vanished. promised. body language. According to Ferrell's appellate attorney, this is the The Gormania route, however, would not take the carrier to those roads. Id., at 394, 242 S.E.2d at 471. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. The court had also instructed the jury that the State must overcome the presumption of innocence by proof beyond a reasonable doubt, so the standard of proof was clear. Carolyn Ferrell in West Virginia 27 people named Carolyn Ferrell found in Charleston, Huntington-Ashland and 6 other cities. Links: Manage all your favorite fandoms in one place! 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. I am authorized to state that Justice McHUGH joins me in this dissent. 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. After testing for the same genetic markers, Agent Lynch testified that the bloodstains analyzed in the course of the police investigation could have come from an offspring of the Fords. 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. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. Rehearing Denied Nov. 8, 1990. serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. 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. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. Bedford [now Fulton] County, Pennsylvania, 29 January 1817; d. Maywood, Kansas, 18 September 1891) mathematical geophysics. first time, ever, in the history of American criminal jurisprudence, that Ferril, Ferrel, et al.) In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. Unsolved Mysteries, He was surrounded by his daughter and his Pastor. In light of the overwhelming evidence on the murder and arson charges we find no reversible error. Lat: 38 41' 41"N, Lon: 81 16' 10"W "A. STATE of West Virginia v. Paul William FERRELL. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. Lived In Portsmouth RI, Alexandria VA, Miami FL, Arlington VA. Related To Margaret Farrell, Ml Farrell, Katherine Farrell, John Farrell, Joan Farrell. 19401. . The prosecution offered evidence that the defendant had previously been convicted of the rape and sodomy of another thirteen-year-old girl whom he had approached in the same manner. 19401. No. 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. sexual reasons, his trial included circumstantial evidence that he had Ferrell said the trailer was eight years old, had been occupied by Prosecutor DiBenedetto denied that this "forcing" ever occurred. On 25 March 1988, police found a wristwatch of the type given to Ms. Ford by her father, near a small burn area behind Mr. Ferrell's mobile home. After giving specific instructions that went on for twenty-three pages of trial transcript, the court began to give its "standard" or "general" charge to the jury. They found traces of blood on the floor, as well as on the wall and ceiling. 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. Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. Storm *838 Fire Hall on Wednesdays. Page 836 [184 W.Va. 125] Syllabus by the Court. 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. Dana Ferrell (R - Kanawha, 060) CONTACT dana.ferrell@wvhouse.gov Capitol Office: Room 224E, Building 1 State Capitol Complex Charleston, WV 25305 Capitol Phone: (304) 340-3194 District: P.O. He also said that smoke from some unexplained source had been spotted near it. commuted Ferrell's sentence in Jan. 2001. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. What percentage of the population has a blood type A? 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. Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. Find Paul Ferrell's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. There was insufficient evidence of malice being an essential element of second degree murder, and therefore, the verdict must be set aside. City State. 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]. Farrell's became known for their offer of a free ice cream sundae to children on their birthday. However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. He was born on July 3, 1925 at Sharon, WV to the late William Jesse Ferrell Sr. (1899-1977) and Bertha Alice Hatfield-Ferrell (1905-2001). He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. Ferrell's trial started on January 25, 1989. disappearance she heard banging, a gunshot, and a woman's scream coming However, she later stated that she wasn't sure if it was him. He assumed office on December 1, 2022. 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. Id., at 395, 242 S.E.2d at 471. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. 150 (1954). He was told that a woman had been calling, asking for him. ___ W.Va. at ___, 399 S.E.2d at 841. Some believed that the truck Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland.