[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." Storm *838 Fire Hall on Wednesdays. See State v. Clements, ___ W.Va. ___, 334 S.E.2d 600, cert. This court will not reverse a conviction for harmless error. WMOT 89.5 - Nashville. Lat: 38 41' 41"N, Lon: 81 16' 10"W See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. 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. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. Coal Miners - West Virginia Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. West Virginia Governor Underwood Deceased/Not Found - WV - Catherine Ford, 19, Gormania - Websleuths [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. The Ford Bronco that Ms. Ford was last seen driving was found right along the Stony River off of the Bismark Road. 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. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. [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. West Virginia journalist Amelia Ferrell Knisely fired after See also State v. Banjoman, ___ W.Va. ___, 359 S.E.2d 331 (1987); State v. Thompson, ___ W.Va. ___, 342 S.E.2d 268 (1986); State v. Tanner, ___ W.Va. ___, 301 S.E.2d 160 (1982); State v. Church, 168 W.Va. 408, 284 S.E.2d 897 (1981); State v. Haverty, 165 W.Va. 164, 267 S.E.2d 727 (1980). He admitted to making the calls but claimed that they had nothing to do with Cathy. trailer as well as on the walls and ceiling. On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. (XV.) Real Name: Paul William Ferrell jose munoz death tulsa ok; jobs at arsenal training ground; scotiabank priority pass registration Gen., Richard M. Riffe, Sr. Asst. It specified that she heard the sounds on February 17; she claims that she did not specify that day. Farrell - Surnames - Genealogy.com I am authorized to state that Justice McHUGH joins me in this dissent. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. tour dates. paul william ferrell west virginia [2] We dismiss the following assignments of error as not fairly raised: (IV.) about Cathy Ford's murder, he had observed signs of guilt in Ferrell's He then asked women clerks to read the same sexually explicit passage. It must be remembered, however, that the State's case was based entirely on circumstantial evidence. 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. paul william ferrell west virginia - casessss.com 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. Rptr. The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. History of West Virginia, Old and New, Volume 2. The trial court's sequestration order was violated which should have resulted in a mistrial. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. Top 3 Results for Paul Ferrell in WV. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. Ferrell Cemetery - Roane County, West Virginia - Interment.net Paul Ferrell | Unsolved Mysteries Wiki | Fandom He went into the woods near it to investigate. 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). [2/08], References:Justice: Date of Birth: April 17th, 1961 Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . Select a record type to search. 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. West Virginia Cases, Police Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. There have been a number of federal cases in which evidence of other bad acts has been admitted under FRE 404(b). An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. Sign up for our free summaries and get the latest delivered directly to you. Paul Farrell Jr. - West Virginia Executive Magazine . Mystics, Murder and Missing Heads: The 1970 WVU Co-ed Murders. Paul William Johnson. Victims of former Fenwick priest tell their stories - Oak Park Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. The Gormania route, however, would not take the carrier to those roads. 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. Finally, on March 8, almost three weeks after she vanished, it was rediscovered by Darvin and her brother, Rich. See also, U.S. v. Merryman, 630 F.2d 780 (10th Cir.1980) (evidence of other bad acts was admissible to rebut defendant's claim of mistake or lack of knowledge or intent); U.S. v. Thomas, 632 F.2d 837 (10th Cir.1980) (evidence that one defendant made a death threat growing out of a theft of narcotics was admissible to prove that he was a leader of the drug conspiracy). State v. Ferrell We found 14 records for people named William Ferrell in 13 cities in Virginia throughout Roanoke, Broadway, and 11 more cities! 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. The prosecution needed to prove beyond a reasonable doubt that Mr. Ferrell used fraud to entice Ms. Ford to the area near his mobile home, for the purpose of gaining a "concession or advantage" in the form of sexual gratification. According to him, they had been engaged in an on-again, off-again affair since fall 1987. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. paul william ferrell west virginia 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. He claimed that he waited there for twenty minutes, but she never showed up. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. Laboratory tests showed the 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. A witness, Tamela Kitzmiller, testified to having received an obscene phone 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. Ferrell located Cathy's burned-out car less than two hundred yards away from his trailer. It must be recalled that the State's case here was entirely circumstantial. ACTION NEEDED NOW ON PEIA BILL | AFT West Virginia Private investigator and author Martin Yant helped expose the case by Some believed that the truck Amelia Ferrell Knisely said she had been warned to stop reporting on . 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. I believe a similar flaw underlies the testimony of Agent Lynch in this case. They are certain that she would have contacted them at some point. On the same day that Ms. Ford disappeared, two other women received telephone calls from a man purporting to be a magistrate. Blood was also found on a piece of material in a waste basket. Two Co-eds go Missing January 18th, 1970. 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 . Although Cathy has never been found, it is assumed that she is deceased. In Atkins, we discussed at length some of the practical factors to consider in determining whether the identified error should be deemed harmless, including the principle that where the case "is basically a circumstantial evidence case, there is an increased probability that the error will be deemed prejudicial." the found blood look like that of Ford'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. William Ferrell | Obituary | The Register Herald We find there to be no reversible error in the trial court's exercise of discretion regarding the book. SB 268 places a "marriage . of the ordinary on the day in question. 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. 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. telephoned bookstores and libraries throughout the country posing as a 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". States in the 20th Century. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. at ___, 382 S.E.2d at 331. Fire and rust destroyed any fingerprints that may have been on the car. A few days after that, he sent the anonymous letter to the restaurant. Id. 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 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. Farrell, who died in 1989, is one of . Ferrell's family store was in close proximity to both the post office and the restaurant. Saint Johnsbury, VT (05819) Today. 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). He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. 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. His current term ends on December 1, 2024. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. His parents owned a general store; after serving in the military, he came home to help run it. Ferrell saw Darvin twice that day; once outside the restaurant. 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. He also got the case The third result is Martha E Ferrell age 80+ in Gandeeville, WV. However, the carrier's route did not take him to that area, so the employee hung up. No. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. Date: February 17, 1988. Short-term and long-term effects to retiree and non-state coverage is unknown. (X.) classification and properties of elementary particles But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. agent's expertise. He was told that a woman had been calling, asking for him. books on sex. We found public records for William Ferrell in VA. . 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. Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. 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. others, and might be stained by blood from a variety of sources. William M Ferrell Birth 12 Oct 1837. 19401. While doing so, he said that he observed signs of guilt through Ferrell's body language. [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. 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]. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. granted in May 2004. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. Cathy Ford's body was never found. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. 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?" 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. weapon, eyewitnesses, or physical evidence such as fingerprints, hair and The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. 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. The calls were similar to those made earlier in which a man had directed young women to the Bayard-Wilson-Corona Road. A witness described the robbers as a white woman and a black man who left the scene in a yellow car. Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. On 20 March 1988, Paul Ferrell was arrested. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. Charlene Reinhart 12/28/12. Her body Ferrell Cemetery Roxalana, Roane County, West Virginia. 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. It appeared as though it had been covered up in an attempt to keep it from ever being found. 3. 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. George Ferrell (b. Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. Farrell Family in New Orleans. Enclosed with the letter was the sum of two hundred dollars in twenty dollar bills. 150 (1954). 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." From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. (XVIII.) Ferrell Cemetery - Roane County, West Virginia - Interment.net William "Bill" Ferrell. Farrell would later graduate from University of Notre Dame in 1994 . The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. Id.[5]. Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. 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. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. She has a 1995 bachelor's degree in Journalism from West Virginia University. In cases involving sexual offenses, for example, evidence that the defendant made obscene or suggestive telephone calls before or after the crime has been held to be admissible to show motive or intent or to identify the defendant as the perpetrator of the offense. After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. Yet, this was the very premise on which the State built its case. share. 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. 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. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. Tyler County, West Virginia, USA. Ferrell continues to maintain his innocence. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 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. Consequently, I conclude that the trial court abused its discretion in allowing the jury to hear the evidence of the telephone calls to the bookstores. Consequently, because there was a lack of evidence to show that Cathy Ford was abducted for the purpose of obtaining some sexual advantage or concession, the kidnapping charge cannot, in my opinion, be sustained. Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. Between 1880 and 1920, southern West Virginia's population grew from 93,000 to 446,000, due almost entirely to the coal industry. West Virginia University, +1 more [4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. Despite numerous interrogations, the defendant made no confession. There was no evidence, for example, that similar phone calls or, indeed, any type of obscene or harrassing phone calls were made to Cathy Ford or to any other women in the area. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). Ferrell had been involved in a series of murders in Yellowstone Park. According to investigators, the women had one thing in common: they all knew Ferrell. The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. , West Virginia, USA; Burial Details Unknown . (emphasis added), (VIII.) No objection was made at trial, so we find no reversible error in the challenged sentence.
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