Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. Male 31 December 1914-16 May 1969 GMDJ . This proof never arrived. SB 268 places a "marriage . Business Education, WVSU; M.A. Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. They are certain that she would have contacted them at some point. Paul William Ferrell appeals his conviction before a jury of kidnapping, second degree murder and third degree arson. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. 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." *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. When asked why they should not search those roads, Paul Ferrell explained that the evidence was on those roads. [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. Meaning of Ferrell. It must be remembered, however, that the State's case was based entirely on circumstantial evidence. 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. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. Mr. Ferrell was not lying when he said the evidence was on those roads. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. *836 Daniel R. James, Barr & James, Keyser, for Paul W. Ferrell. He admitted to making the calls but claimed that they had nothing to do with Cathy. Id. Her coworker noticed that she was dressed up. 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). She drove off in her father's Silver Bronco and was never seen again. The most obvious problem is that the three blood samples which were used to obtain the genetic markers could not be identified as coming from the same person. However, DNA testing could not provide a positive match. 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. 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. William P Farrell, 54. In these calls, he posed as either a doctor, police officer, or a magistrate. 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. 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. In State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985), this Court held that *844 one limit that must be placed on the broad scope of the kidnapping statute is that, "a kidnapping has not been committed when it is incidental to another crime." 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 is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. No. William Jesse Ferrell. The most that could be said was that the blood was not inconsistent with that of Cathy's parents. History. On the element of enticement, the jury's determination from the overwhelming evidence that Cathy Ford was killed in Paul Ferrell's mobile home, combined with the phone call to Cathy Ford concerning the liquor investigation, could lead the jury reasonably to believe that Paul Ferrell told Cathy Ford something to get her to meet with him, and that she actually went to his trailer because of his fraudulent representations. When she asked him about it, he mentioned that someone from the liquor board was going around and trying to get places to sell liquor to minors; this is what the caller mentioned when talking to Cathy. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. It must be recalled that the State's case here was entirely circumstantial. Sierra Ferrell performs "West Virginia Waltz" at the 2021 AmericanaFest Day Stage in Nashville, TN. Mr. Ferrell discouraged a search of the area when Ms. Ford's Bronco was located; he wrote a letter to Ms. Ford's parents; he asked his girlfriend to make calls to indicate to Ms. Ford's family that she was all right; and he regularly used telephone impersonations to attempt to entice young women to meet him in secluded areas. (XI.) He then asked women clerks to read the same sexually explicit passage. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. Paul Ferrell had recently begun working as a deputy sheriff for Grant County. 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. weapon, eyewitnesses, or physical evidence such as fingerprints, hair and Ferrell Cemetery Spencer, Roane County, West Virginia. They noticed that she appeared to be nervous when she noticed them. Storm, where defendant's trailer was located. He was the same age with Brian De Palma and William Finley when they made Phantom of the Paradise (1974). You're all set! Id., at 1277. You can explore additional available newsletters here. 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. Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. from Ferrell's trailer. One employee testified that she heard heavier breathing as the conversation went on, and said "[i]t was like the *841 anticipation of hearing." Dissenting Opinion of Justice MILLER December 19, 1990. Mared Malarik and Karen Ferrell were both . Storm *838 Fire Hall on Wednesdays. FBI agents found traces of blood under a newly laid carpet in Ferrell's On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. Gen., Atty. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. The Ford Bronco that Ms. Ford was last seen driving was found right along the Stony River off of the Bismark Road. Farrell Family in New Orleans. There are situations where an offense that would technically constitute kidnapping under our broadly worded statute cannot be considered a separate offense. 2. Her body has never been found and no one had ever seen her with Ferrell. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. 19401. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. Research Farrell in the Surnames forums on Genealogy.com, the new GenForum! Case: Appeal 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. She claimed that investigators told her that they knew he was the caller and that they could prove it. This would render the evidence admissible under Rule 404(b) of the West Virginia Rules of Evidence. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's Ferrell said the trailer was eight years old, had been occupied by Some time When she asked who or what the investigation concerned, he would not tell her. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. However, after the trial, she claimed that "words were put in her mouth". Currently, marriage records are available for the following counties and years. Ferrell was released pending an evidentiary hearing, but he was On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. She was never seen again. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. Her body Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. Ferrell believed that he was being accused of something. Select a record type to search. This is particularly true in view of the highly prejudicial nature of such evidence. telephoned bookstores and libraries throughout the country posing as a Sign up for our free summaries and get the latest delivered directly to you. They found no trace of her body or any evidence that proved she had been there. Charlene Reinhart 12/28/12. Id., at 395, 242 S.E.2d at 471. Enclosed with the letter was the sum of two hundred dollars in twenty dollar bills. [5] The defendant inconsistently numbers his assignments of error throughout his brief. idaho hoa rules and regulations; einstein zebra puzzle. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 2d 137 (1985). Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. They found traces of blood on the floor, as well as on the wall and ceiling. 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. 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. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. However, in State v. Hanna, ___ W.Va. ___, 378 S.E.2d 640 (1989), which also involved the kidnapping and disappearance of a young woman, this Court said, "[i]t is clear that kidnapping can be accomplished under our statute without force or compulsion since it uses terms such as `fraud', `decoy', `inveigle' or `entice away'". "The only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . I believe it was error to permit the State's blood expert to testify with regard to the genetic markers as they relate to the parents' blood and to the statistical probabilities when combined. State v. Ferrell An analogous situation arose in State v. Walters, 99 Or.App. (XIII.) reincarcerated for the crime in 1997. According to him, they had been engaged in an on-again, off-again affair since fall 1987. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. 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. West Virginia Cases, Police OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. WMOT 89.5 - Nashville. 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. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. Agent Lynch testified that the offspring of these two people would have to carry the Hp type 1 marker and that the other test results were not inconsistent with the characteristics that might be found in the blood of such offspring. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. 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. 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]. He attended Marshall College and was a member of the US Army Reserve from 1958 through 1964. Storm Fire Hall sometime between 10:00 and 3:00. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. 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. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. 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 trial court erred in refusing to grant a new trial due to juror bias extrinsic to the deliberative process. 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. Another woman who received a strange invitation that same day was Rose Bosley, a part-time postmistress in Gormania who usually worked on Saturdays. The circuit court erred in admitting a photograph of Paul Ferrell's automobile inasmuch as Kim Nelson, the State's witness and the person who identified the car, was shown an impressibly [sic] suggestive photograph identification. Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! James Ferrill -- War of 1812. Links: Manage all your favorite fandoms in one place! Officer Defendants, Murder Saint Johnsbury, VT (05819) Today. None of the salespersons who testified were able to identify the defendant as the caller. In January 1988, he became a deputy sheriff in Grant County, West Virginia. 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. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. William Ferrell is a 1978 graduate of Douglass-Huntington High School in Huntington, West Virginia. 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. 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. Victims of the State, Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. this kind of evidence has been allowed to go to a jury. Tyler County, West Virginia, USA. Farrell, who died in 1989, is one of . the found blood look like that of Ford's. 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. The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. Ferrell saw Darvin twice that day; once outside the restaurant. 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. (X.) (XIX.) 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. 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." 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. He gave the first general formulation of the equations of motion for a body moving with respect to the rotating earth and . Without such an initial showing, our cases are clear that the test results should not be admitted. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. His parents owned a general store; after serving in the military, he came home to help run it. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . SUBMITTED PHOTO. His father, Paul Hamilton Williams, died in a car crash when Paul was 13-years-old. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. "A. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. (V.) The trial court erred in permitting F.B.I. 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. Ferrell. 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. Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. Ms. Ford told her family and the restaurant employees to check identifications before selling beer, and then left the restaurant to meet with the alleged undercover officer. However, she later stated that she wasn't sure if it was him. Paul William FERRELL. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 Mr. Farrell is widely recognized by his peers as a pioneer and authority on . In 1963, he and his brothers purchased the company, which serviced the coalfields and communities of southern West Virginia and surrounding areas. He had no idea that her parents had already called the police and reported her missing. Ferrell's trial started on January 25, 1989. He was surrounded by his daughter and his Pastor. James Morton Callahan. [2/08], References:Justice: William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. Lat: 38 41' 41"N, Lon: 81 16' 10"W Ms. Ford drove her Ford Bronco on route 50 into Grant County, and turned off at the Bismark Road. "Q What percent of the population has a combination of PGM 1 + 2 + and BA, or EAP of BA? March 26, 2022. rensselaer county police blotter 2020; Sndico Procurador . Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. Updated: September 26, 2013 the prosecution purportedly engaged in mathematical wizardry which made "Q. F.B.I. Ferrell claimed that he and Cathy were more friends than lovers. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. What percent of the population has a genetic marker of PGM 1 + 2 +? Rptr. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. Ferrell located Cathy's burned-out car less than two hundred yards away from his trailer. 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. Fire and rust destroyed any fingerprints that may have been on the car. The trial court's sequestration order was violated which should have resulted in a mistrial. [8] The trial court was careful to prevent any testimony regarding the polygraph test itself.