State v. Ferrell Paul Ferrell manifested an obsession with Cathy Ford's disappearance. Find Paul Ferrell's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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." proof of Ferrell's involvement in the Yellowstone murders, as they had The alleged magistrate said that he was conducting an investigation of someone she knew, and needed to question her at the Mt. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. Stevens Institute of Technology, +3 more . Farrell Family in New Orleans. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . Ferrell will be eligible for parole in 2002. He married his high school sweetheart, Rebecca Ruth . Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's [5] The defendant inconsistently numbers his assignments of error throughout his brief. Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. Thus we conclude that Agent Curtis' opinion on the nodding, particularly when taken in the context of defense counsel's skillful cross-examination, had no prejudicial effect on the jury and the error committed was harmless. He was told that a woman had been calling, asking for him. Filter by City. Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. tour dates. Mr. George Ferrell, (b. She claimed that investigators told her that they knew he was the caller and that they could prove it. paul william ferrell west virginia Ferrell never testified on his own behalf. 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." [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.". They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. blood to be that of a woman, but DNA tests could not match the blood to The majority agrees that it was error for the prosecution to elicit from F.B.I. Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. At around 2pm, she returned and picked up her purse. 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. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. STATE of West Virginia v. Paul William FERRELL. Unsolved Mysteries Wiki is a FANDOM TV Community. 2d 320 (1980), it undertakes no careful analysis of the rule. OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. A concisely worded test of whether error is harmless was announced by this Court in State v. Davis, 153 W.Va. 742, 172 S.E.2d 569 (1970): We set out a more detailed test in Syllabus point 2, State v. Atkins, 163 W.Va. 502, 261 *845 S.E.2d 55 (1979), cert. Cathy's family, however, does not believe that she is still alive. He often tried to get a female employee to read to him from pages 177 and 178 of The New Our Bodies, Ourselves. WMOT 89.5 - Nashville. Location: Gormania, West Virginia F.B.I. [4] The Boston Women's Health Book Collective Staff. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. Supreme Court of Appeals of West Virginia. 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. Traces of saliva found on the filter demonstrated that the smoker had been a Type A secretor. However, she refused to tell her coworkers about the reason behind the call. Results: Unresolved. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 share. An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. 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). Sierra Ferrell performs "West Virginia Waltz" at the 2021 AmericanaFest Day Stage in Nashville, TN. He was surrounded by his daughter and his Pastor. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. "Q What percent of the population has a Haptoglobin of 1? disappearance she heard banging, a gunshot, and a woman's scream coming Check back often as we continue to add more. He claimed that he waited there for twenty minutes, but she never showed up. Ferrell saw Darvin twice that day; once outside the restaurant. [7], Thereafter, Agent Lynch was asked to compute the percentage of the population which would carry all of the genetic markers found in the samples analyzed in the criminal investigation. 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. The prosecution wanted to show that he had a split personality. (XVI.) Page 836 [184 W.Va. 125] Syllabus by the Court. Listen to "West Virginia Waltz", from Sierra Ferrell's debut album 'Long Time Coming', out now. Some of the locations were just a few hundred yards from his trailer. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. . Despite numerous interrogations, the defendant made no confession. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. Consequently, she refused to leave work to meet him, and he responded that he would have to get in touch with her at a later date. High 38F. Without such an initial showing, our cases are clear that the test results should not be admitted. Her body Gen., Atty. When he called the number, Cathy answered. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." She also claimed that Maryland prosecutors pressured her to testify to what was written in the statement. 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 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. [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. ___ W.Va. at ___, 399 S.E.2d at 841. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. Explore historical records and family tree profiles about Paul Ferrell on MyHeritage, the world's family history network. It was smoked by someone with a blood type not inconsistent with her parents. You're all set! He sometimes joins with his challenge to the admissibility of the phone calls on anal sex, a contention that excerpts from the book The New Our Bodies, Ourselves, supra, should not have been admitted for the jury to read. However, Mr. Ferrell did not request such a limiting instruction, perhaps for reasons of trial tactics and strategy, so there was no error in the court's not giving one. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. His parole was granted in May 2004. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. While doing so, he said that he observed signs of guilt through Ferrell's body language. The trial court's sequestration order was violated which should have resulted in a mistrial. Victims of the State, They found no trace of her body or any evidence that proved she had been there. There was insufficient evidence of malice being an essential element of second degree murder, and therefore, the verdict must be set aside. Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. 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. Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. There he would graduate from Huntington East High School in 1990. 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 only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. Cases Without a Body. Mared Malarik and Karen Ferrell were both . 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. 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. FBI agents found traces of blood under a newly laid carpet in Ferrell's 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. SB 268 places a "marriage . Thirty-seven news organizations in Virginia and West Virginia submitted 587 entries . When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. 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. At the time, Farrell was considering which law school he would attend. According to him, they had been engaged in an on-again, off-again affair since fall 1987. He was born exactly one day before his Phantom of the Paradise (1974) co-star William Finley . "Q What percent of the population has a combination of PGM 1 + 2 + and BA, or EAP of BA? On 18 February 1988, Mr. Ferrell ripped out and burned the carpeting from the master bedroom of his trailer (mobile home), replacing it with new carpeting on the following day. Author. 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). (XII.) To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. 2. He said that Ferrell nodded in agreement with the scenario. When asked to explain Ms. Bernard's testimony that he had asked her to make calls claiming she was Cathy Ford, Paul Ferrell told police that on 20 February 1988, (three days after Cathy Ford disappeared), he asked Ms. Bernard to call someone saying Cathy Ford was alright, because he wanted to slow down the investigation so that his telephone calls might not be discovered. [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. SUBMITTED PHOTO. (XI.) "A. 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 parents' blood was analyzed for the same markers as if they had come from a common source. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. In December 1989, a couple from the Gorman area was passing through Tennessee when they visited a restaurant and noticed that the waitress looked like Cathy. 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. 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. In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. about Paul Ferrell killin' anybody, and that she had not heard anything out U.S. v. Kerr, 778 F.2d 690 (11th Cir.1985), was a prosecution for mail fraud and conspiracy to commit mail fraud, based on the predicate crime of arson of a pharmacy. Trusted by millions of genealogists since 2003 (XX.) We therefore agree with the circuit court that the evidence is more probative than prejudicial; it tends to prove that Paul Ferrell enticed Ms. Ford to the area near his mobile home for the purpose of obtaining some concession or advantage from her. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's 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). 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. States in the 20th Century. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. However, Agent Curtis went further than simply stating that Mr. Ferrell nodded, and opined that, based upon his expertise in interpreting body language, Mr. Ferrell's nodding was an admission of guilt. 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. Select this result to view Martha Comisky Ferrell's phone number, address, and more. . [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." the found blood look like that of Ford's. Ferrell appealed his conviction, claiming: there was insufficient evidence that she was dead, the body language testimony should not have been used, and the jury was not properly instructed. Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. 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. He later told the searcher that she should search everywhere except Bismark and Cherry Ridge Roads. Decades after the alleged abuse took place, two victims from Fenwick and another young man from Minnesota targeted by Farrell have made their stories known. Also, a cigarette butt of the type smoked by Ms. Ford was found. I know of no court which has sanctioned such an approach. Paul William Johnson. 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 . It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. 3. All sentences were to run consecutively. However, the issue was clearly raised by motion in limine prior to trial. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. He had no idea that her parents had already called the police and reported her missing. The prosecution conjectured that 1 in 10 cars is yellow, and that 1 in 1,000 couples inter-racial. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. 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. 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." Later, however, she stated she didn't know nothin' He admitted to making the calls but claimed that they had nothing to do with Cathy. The 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. In January 1988, he became a deputy sheriff in Grant County, West Virginia. Mr. Ferrell claims that there was insufficient evidence to convict him of kidnapping. In each instance, the salesperson was asked to locate and to read certain passages over the telephone. Id. We agree with defendant that it was improper for Agent Curtis to give expert testimony to the effect that Mr. Ferrell admitted guilt by nodding while Agent Curtis was speaking to him. 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. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. 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 trial court failed to suppress the statement taken from the petitioner as it was not voluntarily given. Mr. Ferrell also assigns as error the lack of a "meaningful" in camera hearing before evidence of the phone calls was admitted. [1] The defendant did admit making several calls from a different phone. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. 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. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. He then asked women clerks to read the same sexually explicit passage. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. James Ferrill -- War of 1812. Two Co-eds go Missing January 18th, 1970. Currently, marriage records are available for the following counties and years. (XIII.) According to him, they spent most of the time talking about work and their families. A caller pretending to be a magistrate (the same as the person that called her) asked a woman to meet him at the fire hall at that time. However, after the trial, she claimed that "words were put in her mouth". Decided July 24, 1990. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. 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. 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. A mix of clouds and sun. agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. The man wanted Ms. Ford to meet him at his office at 3:00 p.m. the same day, to discuss some checks. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. Tamela Kitzmiller testified that she thought the one who called her was Ferrell. However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. If the jury were told only that the defendant had material concerning anal sex read to him, the imaginations of the jurors might roam to envisage texts far more scandalous than the relatively clinical text involved here. 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). [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 .
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