In short, both instructions do not misstate the law in any way that hurts the defendant. The parents' blood was analyzed for the same markers as if they had come from a common source. West Virginia Waltz. of the ordinary on the day in question. Denied,Articles, It must be recalled that the State's case here was entirely circumstantial. Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. 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. She left work, went home, and took a shower. According to him, they had been engaged in an on-again, off-again affair since fall 1987. Home; Trees; Search; DNA; Explore; Help; . [Intro] A F#m A F#m D E A [Verse 1] A D A In coal mining country, green rolling hills A E A Where my true love is waiting he loves me A D A I had to go my rambling ways A E A I'm always thinking of him, the sweet love we made [Chorus] F#m The last time I saw him A F#m We did the West Virginia Waltz A F#m The West Virginia Waltz D E A No . The alleged magistrate said that he was conducting an investigation of someone she knew, and needed to question her at the Mt. All sentences were to run consecutively. Kim claimed that "screaming and gunshots" were common in the area. told me that he was a sicko, and that he needed to be put away. After William M Ferrell Birth 12 Oct 1837. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! 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. 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. 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. The only evidence introduced by the State in this regard was a series of telephone calls to bookstores, placed from the defendant's telephone, in which a male caller asked the salesperson to read selected portions of a book describing anal sex practices. 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. . [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. 1825 IRE in Turnberry, Ontario 1881. The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. The trial court erred in admitting the testimony of forensic serologist Audrey Lynch who testified that the blood found was not inconsistent with blood that would come from the offspring of the parents of the alleged victim. I am authorized to state that Justice McHUGH joins me in this dissent. Syllabus point 2, Id. 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. Kim Nelson lived in the trailer nearest Mr. Ferrell's trailer on the same driveway off of the Bismark Road, but did not know Paul Ferrell. 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. There are situations where an offense that would technically constitute kidnapping under our broadly worded statute cannot be considered a separate offense. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. 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. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Charlene Reinhart 12/28/12. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). He was born on July 3, 1925, at Sharon, WV, (Cabin Creek) to William Jesse Ferrell and Bertha Alice Hatfield Ferrell. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. Top 3 Results for Paul Ferrell in WV. 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. There he would graduate from Huntington East High School in 1990. 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. I believe a similar flaw underlies the testimony of Agent Lynch in this case. He went into the woods near it to investigate. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. In addition, a cigarette butt of the brand smoked by Cathy Ford found in a corner of the defendant's living room was tested. v. 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. Ferrell believed that he was being accused of something. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. Lat: 38 43' 54"N, Lon: 81 16' 02"W You already receive all suggested Justia Opinion Summary Newsletters. Mr. Ferrell also argues that he cannot be convicted of kidnapping if he is convicted of murder, because the kidnapping would be only incidental to the murder. (X.) agent William Scobie to testify without proper qualifications and an adequate foundation that based upon the blood found at the alleged crime scene that a violent act had to have occurred. others, and might be stained by blood from a variety of sources. Paul Ferrell in West Virginia. Sign up for our free summaries and get the latest delivered directly to you. FBI agents found traces of blood under a newly laid carpet in Ferrell's 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. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. Search for 14 Public Records of William Ferrell in Virginia. at ___, 382 S.E.2d at 331. agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. 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." Special Education, Marshall University Affiliations Aldersgate UMC PPRC Committee Chair; Poca Valley Bank Advisory . 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. The State contends that the evidence of the phone calls was probative because it established motive, intent, and common plan or scheme, and that the evidence was essential to prove the charge of kidnapping. Ferrell's family store was in close proximity to both the post office and the restaurant. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. On February 4, 1989, he was convicted of kidnapping, murder, and arson. He was born exactly one day before his Phantom of the Paradise (1974) co-star William Finley . 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. It specified that she heard the sounds on February 17; she claims that she did not specify that day. 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. 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. The police obtained a search warrant, and on 19 March a police search of Mr. Ferrell's mobile home revealed tiny splatters of blood in various places on walls, mirrors, and the ceiling of the bedroom. WMOT 89.5 - Nashville. In January 1988, he became a deputy sheriff in Grant County, West Virginia. proof of Ferrell's involvement in the Yellowstone murders, as they had 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. 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. However, DNA testing could not provide a positive match. 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. Dissenting Opinion of Justice MILLER Dec. 19, 1990. Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. 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 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. claiming that the prosecution convinced her to testify by telling her that They are certain that she would have contacted them at some point. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. (VII.) 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. 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." 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. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. William Ferrell in Virginia: 47 records available . In State v. Sette, 161 W.Va. 384, 242 S.E.2d 464 (1978), a case involving the murder of a woman by her husband and his mistress, the prosecution presented evidence that as part of an extramarital relationship, the defendant husband and his *842 mistress had engaged in oral sex at a time when to do so was a felony. Ferrell will be eligible for parole in 2002. FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. The court found that the challenged expressions were more accurate when viewed in context than when viewed in "artificial isolation," and were not likely to "mislead the jury into finding no reasonable doubt when there was some." His driveway led to a seldom travelled road that led to the site of the burned Bronco. E.g., Ballweg v. State, 158 Ga.App. 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. Approximately forty percent of the population. above Ferrell's Mart in Gormania, West Virginia. As I have already remarked, there was simply no evidence to connect the telephone calls to the bookstores with the kidnapping of Cathy Ford. 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 people who found the Bronco knew to look there because they heard that smoke was seen hanging over the river on 17 February 1988. When adopted, it was identical to FRE 404(b). When police asked Mr. Ferrell about the calls, he told them that he had made such calls from his girlfriend's residence and from the living quarters above Ferrell's Mart. They found traces of blood on the floor, as well as on the wall and ceiling. Ferril, Ferrel, et al.) Traces of saliva found on the filter demonstrated that the smoker had been a Type A secretor. Mared Malarik and Karen Ferrell, both freshmen at West Virginia University, left the Metropolitan Theater in downtown Morgantown after seeing Oliver.The University did not extend transportation service to its residence halls, so most students at that time would usually hitchhike to and from the dorms. On examining the challenged sentence of the judge's charge to the jury in the context of the specific instructions and the general charge, we find that there was no error. Fire and rust destroyed any fingerprints that may have been on the car. The jury could logically have inferred that Mr. Ferrell discouraged a search of this area because he did not want the searchers to find Cathy Ford's Bronco. The trial court erred in refusing to grant a new trial due to juror bias extrinsic to the deliberative process. The trial court's sequestration order was violated which should have resulted in a mistrial. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. Skip Ancestry main menu Main Menu. 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. Listen to 'Long Time Coming': https://found.ee . Paul William Ferrell, a rookie sheriff's deputy, was convicted of the [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." . An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. weapon, eyewitnesses, or physical evidence such as fingerprints, hair and 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. Cathy's family, however, does not believe that she is still alive. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. He was surrounded by his daughter and his Pastor. Atty. Case: Appeal Sierra Ferrell performs "West Virginia Waltz" at the 2021 AmericanaFest Day Stage in Nashville, TN. Storm *838 Fire Hall on Wednesdays. 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.". 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. State v. Ferrell Prosecutor DiBenedetto denied that this "forcing" ever occurred. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. They found no trace of her body or any evidence that proved she had been there. Reconnect with William Ferrell by joining our alumni site today. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . Gen., Richard M. Riffe, Sr. Asst. They were the parents of at least 3 sons and 2 daughters. He was also involved in boxing. However, this was but a small part of a very long and complicated trial; although the court gave no cautionary instruction, the extensive cross-examination by defense counsel adequately pointed out to the jury the inconclusiveness of nodding during conversation. Page 836 [184 W.Va. 125] Syllabus by the Court. In the case before us, however, it is highly unlikely that Paul Ferrell enticed Cathy Ford to his trailer exclusively in order to kill her; rather the jury could have reasonably believed that he enticed her to his trailer in order to commit the offense of rape, an offense with which he was not charged. 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 . Roger W. Tompkins, Atty. 19401. He later told the searcher that she should search everywhere except Bismark and Cherry Ridge Roads. granted in May 2004. Dissenting Opinion of Justice MILLER December 19, 1990. . Mr. Ferrell claims that there was insufficient evidence to convict him of kidnapping. [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. books on sex. 2d 137 (1985). 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. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. (XII.) [1] The defendant did admit making several calls from a different phone. Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. He assumed office on December 1, 2022. 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. We note that this Court in Dolin also gave the defendant the right to request and receive a limiting instruction on evidence such as the phone calls involved here. He was told that a woman had been calling, asking for him. 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. Barbour: 1843 - 1849, 1853 - 1969 Berkeley: 1780 - 1856, 1858, 1862 - 1970 Boone: 1865 - 1968 Braxton: 1836 - 1847, 1865 - 1967 Brooke: 1797, 1799 - 1833, 1835 - 1971 Cabell: 1809 - 1968 Calhoun: 1856 - 1969 . 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. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. giving her testimony, Kitzmiller says she waited for prosecutors to produce 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. She has not been seen since. A Grant County magistrate is usually on duty at a satellite office in the Mt. History. Two Co-eds go Missing January 18th, 1970. 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. First Name. 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. agent's expertise. Find information on William Ferrell in VA. Browse our directory to see mobile phone numbers, previous & current house addresses, email addresses, and much more. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. mick tucker death; when is the route 40 yard sale 2021 A few days later, he called Bernard from Uniontown, Pennsylvania and asked her to call Cathy's family and tell them that she was all right. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. William P Farrell, 54. The trial court erred in admitting into evidence hearsay testimony as to what the alleged victim said prior to her departure from her family owned restaurant. call from a man she took to be Ferrell. 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. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. 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). Storm, in Grant County, West Virginia. These calls, when considered in conjunction with the calls to local women, are probative, because they tend to prove that Mr. Ferrell used fraud to entice Cathy Ford to the area of his mobile home for the purpose of obtaining some sexual concession or advantage. They continued until the time Cathy vanished. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. "Q So that would include both male and female? [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. The man wanted Ms. Ford to meet him at his office at 3:00 p.m. the same day, to discuss some checks. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. 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. Officer Defendants, Murder [6] A bloodstain taken from a floor joist of the defendant's bedroom showed the presence of phosphoglucomutase, a blood enzyme (PGM type 1 + 2 +). Another woman who received a strange invitation that same day was Rose Bosley, a part-time postmistress in Gormania who usually worked on Saturdays. 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. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. His parole was granted in May 2004. It appeared as though it had been covered up in an attempt to keep it from ever being found. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. Rptr. about Cathy Ford's murder, he had observed signs of guilt in Ferrell's Explore historical records and family tree profiles about Paul Ferrell on MyHeritage, the world's family history network. A man then drove out in a light blue car. Paul T. Farrell Jr. Greene, Ketchum, Farrell. Mr. Ferrell contends that evidence of over 206 phone calls to various bookstores and libraries across the country should have been excluded, because it was more prejudicial than probative. He directed them to go to locations near where he lived. On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. 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. This site is protected by reCAPTCHA and the Google, Supreme Court of Appeals of West Virginia, Supreme Court of Appeals of West Virginia Decisions. (XIX.) Real Name: Paul William Ferrell There have been a number of federal cases in which evidence of other bad acts has been admitted under FRE 404(b). Judge Williams was an associate attorney at the law firm of Bowles Rice McDavid Graff & Love from 1991 to 1993, before . His current term ends on December 1, 2024. The region's first coal miners primarily were African Americans, both enslaved and free. He also got the case Click a location below to find Carolyn more easily. Victims of the State, After the game, the two took a walk through the WVU College of Law . They Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. A few days after that, he sent the anonymous letter to the restaurant. Initially, he denied writing the letter. Saint Johnsbury, VT (05819) Today. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. Volume 2 of History of West Virginia, Old and New: In One Volume, James Morton Callahan. No. However, an FBI handwriting expert later proved in court that he did so. 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. It was smoked by someone with a blood type not inconsistent with her parents. Meaning of Ferrell. 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). Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. As an initial matter, I do not believe the majority's characterization of the facts is accurate. State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). The trial court erred in failing to dismiss the kidnapping count against petitioner upon petitioner's motion for a directed verdict at the completion of the State's case and at the completion of the defendant's case in chief because defendant should have been charged with abduction and not kidnapping. Approximately thirty-two percent of the population. body language. According to Ferrell's appellate attorney, this is the Some of the locations were just a few hundred yards from his trailer. 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). E.g., State v. Hanna, supra. 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. [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.".