telephoned bookstores and libraries throughout the country posing as a [4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. She graduated from the West Virginia University College of Law in 1999. . Laboratory tests showed the Ferrell believed that he was being accused of something. Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. paul william ferrell west virginia States in the 20th Century. However, the carrier's route did not take him to that area, so the employee hung up. 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. Rehearing Denied November 8, 1990. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. . William M Ferrell (1837-1904) - Find a Grave Memorial blood to be that of a woman, but DNA tests could not match the blood to 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. Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. An FBI agent testified that while giving Ferrell a hypothetical scenario Users can search the records and view scanned images of the original records. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. None of the salespersons who testified were able to identify the defendant as the caller. As an initial matter, I do not believe the majority's characterization of the facts is accurate. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. 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. 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. denied, 337 U.S. 957, 69 S. Ct. 1531, 93 L. Ed. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. paul william ferrell 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. First Name. Delbarton . Gen., Atty. Supreme Court of Appeals of West Virginia. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." *851 The defendant does not challenge the scientific basis of the bloodstain and saliva analyses or of the DNA testing. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. We find there to be no reversible error in the trial court's exercise of discretion regarding the book. Ferrell History, Family Crest & Coats of Arms - HouseOfNames However, after the trial, she claimed that "words were put in her mouth". 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. reincarcerated for the crime in 1997. At the time, Farrell was considering which law school he would attend. "Q So that would include both male and female? On 20 March 1988, Paul Ferrell was arrested. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. In January 1988, he became a deputy sheriff in Grant County, West Virginia. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. USGenWeb Archives - census wills deeds genealogy My review of the law of other jurisdictions reveals no case in which evidence of this nature, which did not clearly demonstrate some nexus to the offense charged, was admitted under the precepts of W.Va. R.Evid. On February 4, 1989, he was convicted of kidnapping, murder, and arson. Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. An analogous situation arose in State v. Walters, 99 Or.App. State v. Ferrell They were the parents of at least 3 sons and 2 daughters. Farrell, who died in 1989, is one of . That number comes from a resiliency plan developed by the city, which lays out how money would be spent if awarded. 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. 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 court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. "Q. Paul Farrell knows all about it. Hospitals, Inc . Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. West Virginia Waltz. [4] Some employees read some of it to him, and others would not. 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. The court had already correctly instructed the jury that it could choose between two verdicts, "guilty" and "not guilty" so that the distinction was clear. The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. Id.[5]. In Miller, the facts showed that the defendant forced the victim to travel a not inconsequential distance, confined her behind a locked gate for a substantial period under threat of physical harm, before committing the separate offense of sexual assault. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. You already receive all suggested Justia Opinion Summary Newsletters. However, DNA testing could not provide a positive match. She testified that between 1:00 and 2:00 p.m. on 17 February 1988, banging and terrified screams emanated from Mr. Ferrell's trailer for about a minute, followed by a gunshot from the same trailer. Decided July 24, 1990. He then asked women clerks to read the same sexually explicit passage. Sierra Ferrell performs "West Virginia Waltz" at the 2021 AmericanaFest Day Stage in Nashville, TN. A man then drove out in a light blue car. 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. 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. [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.". Storm Fire Hall sometime between 10:00 and 3:00. Click a location below to find Carolyn more easily. It specified that she heard the sounds on February 17; she claims that she did not specify that day. 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. Roger W. Tompkins, Atty. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. In Syllabus Point 1 of Wimer v. Hinkle, ___ W.Va. ___, 379 S.E.2d 383 (1989), we stated: "An objection to an adverse ruling on a motion in limine to bar evidence at trial will preserve the point, even though no objection was made at the time the evidence was offered, unless there has been a significant change in the basis for admitting the evidence.". [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. When asked why they should not search those roads, Paul Ferrell explained that the evidence was on those roads. Farrell would later graduate from University of Notre Dame in 1994 . When he called the number, Cathy answered. 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." What does Ferrell mean? - Definitions.net granted in May 2004. 404(b). [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." Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. Trusted by millions of genealogists since 2003 The court said that "each challenged instruction of this general sort must be assessed in its particular context to determine whether by itself it so infected the trial that due process was denied." Title. [5] The defendant inconsistently numbers his assignments of error throughout his brief. Mr. Ferrell argues that the testimony of Special Agent Curtis concerning Mr. Ferrell's body movement during a polygraph test should not have been admitted at trial. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. No witness ever saw the defendant with her. 9011 Assistant Prosecuting Attorney Cabell County Courthouse 750 Fifth Ave., Suite 350 Huntington, West Virginia 25701 Counsel for Petitioner LH-122280 12-30;2021;1-6;2022 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." Stevens Institute of Technology, +3 more . I believe a similar flaw underlies the testimony of Agent Lynch in this case. Sierra Ferrell - West Virginia Waltz (Official Audio) - YouTube The trial court erred by failing to conduct a proper Bamjoman [sic] hearing. Short-term and long-term effects to retiree and non-state coverage is unknown. Bibliographic information. [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. . SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. Dissenting Opinion of Justice MILLER December 19, 1990. 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. They 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. Officer Defendants, Murder Bedford [now Fulton] County, Pennsylvania, 29 January 1817; d. Maywood, Kansas, 18 September 1891) mathematical geophysics. 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. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. It appeared as though it had been covered up in an attempt to keep it from ever being found. Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. Paul Ferrell, West Virginia (12 matches): Phone Number, Email, Address Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). She has not been seen since. He grew up here, went off to college, and returned home. On the evening of Friday, 26 February 1988, Paul Ferrell and two other officers met with a private citizen, Vonda Moreland, who wanted advice on organizing a search for Cathy Ford. After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. of the ordinary on the day in question. proof of Ferrell's involvement in the Yellowstone murders, as they had 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'". first time, ever, in the history of American criminal jurisprudence, that Here's an overview: SB 268 is a comprehensive bill that affects 230,000 plan participants of PEIA in many different ways. William P Farrell, 54. Farrell - Surnames - Genealogy.com He continues to maintain that he is innocent. Last Name. [5] Note 2 of the majority opinion states that this issue was not fairly raised. William Ferrell in Virginia : 47 records available - Yellowbook James Morton Callahan. West Virginia House of Delegates Biography When she went to talk to the waitress that looked like Cathy, she ran back into the kitchen. Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. Although Cathy has never been found, it is assumed that she is deceased. [8] The testimony at trial was as follows: "Q. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. Yet, this was the very premise on which the State built its case. History of West Virginia, Old and New, Volume 2. 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. *840 On 8 March 1988, the Ford Bronco in which Cathy Ford was last seen was found burned and hidden in brush near the river, off the Bismark Road. Author. Id., at ___, 378 S.E.2d at 646 n. 7. Ferrell Cemetery Spencer, Roane County, West Virginia. Charlene Reinhart 12/28/12. [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. 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. Home; Trees; Search; DNA; Explore; Help; . . 2d 320 (1980), it undertakes no careful analysis of the rule. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. Posted in: Id., at 1277. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. 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." Select a record type to search. She ultimately concluded that they would occur in approximately.75 percent of the population.[8]. 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. Id., at 394, 242 S.E.2d at 471. [2] We dismiss the following assignments of error as not fairly raised: (IV.) 1. 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. This court will not reverse a conviction for harmless error. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. His father, Paul Hamilton Williams, died in a car crash when Paul was 13-years-old. The man drove back one-half hour later, and drove out again later in the afternoon, at which time Ms. Nelson saw a side-view of the driver. Ferrell Cemetery Roxalana, Roane County, West Virginia. 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." Fire and rust destroyed any fingerprints that may have been on the car. 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. Date of Birth: April 17th, 1961 When Ms. Bernard asked Paul Ferrell about the note later, he seemed concerned, and explained that someone from the liquor board was going around to various places in the area trying to get them to sell liquor to minors, and that the note had something to do with that.[3]. A bloodstain on a paper towel taken from a trash bin in the defendant's living room or kitchen exhibited the serum protein haptoglobin (Hp type 1). WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. convictions are not supported by the presence of the alleged victim's body, History. The defendant became enraged, broke into the man's house, and took the girl with him against her will. When she asked who or what the investigation concerned, he would not tell her. 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. He claimed that it had stains and a foul odor. 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. 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. share. WMOT 89.5 - Nashville. Carolyn Ferrell in West Virginia - Spokeo Moreover, the real question, left unanswered by the majority, is whether this evidence, if admissible, establishes an intent *848 or motive for the kidnapping. Male 31 December 1914-16 May 1969 GMDJ . [1] The appellant was sentenced to life imprisonment with mercy for kidnapping, five to eighteen years for second degree murder and one to three years for third degree arson. *836 Daniel R. James, Barr & James, Keyser, for Paul W. Ferrell. He directed them to go to locations near where he lived. If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . 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. An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. State Police Sex Offender Registry - Disclaimer - West Virginia 2. We found 14 records for people named William Ferrell in 13 cities in Virginia throughout Roanoke, Broadway, and 11 more cities! "A. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. Removing from the State's case Agent Curtis' opinion on the meaning of Mr. Ferrell's nodding, the remaining evidence is clearly sufficient to convince impartial minds of Mr. Ferrell's guilt beyond a reasonable doubt. Zach Williams at West Virginia State Fair Tickets State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). paul william ferrell west virginia - g5jim.me Approximately forty percent of the population. 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. 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. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. I know of no court which has sanctioned such an approach. Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. Ford. You can explore additional available newsletters here. There was no known blood sample from Cathy Ford which could be used for comparison. West Virginia Governor Underwood Top 3 Results for Paul Ferrell in WV. 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. William Bernard Hacker, who was convicted of murder in West Virginia, was a man who some suspected of being involved in the coed murders. New West Virginia Waltz Chords - Ultimate Guitar 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. 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). 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?" 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. 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. 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. Exploring new possibilities in decades-old murders However, she later stated that she wasn't sure if it was him. She has a 1995 bachelor's degree in Journalism from West Virginia University. In each instance, the salesperson was asked to locate and to read certain passages over the telephone. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. Kim claimed that "screaming and gunshots" were common in the area. [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. 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. WHITE SULPHUR SPRINGS, W.Va. (AP) Winners of the 2021 Virginias Associated Press Broadcasters Awards were announced Saturday at the Awards Banquet and Annual Membership Meeting at The Greenbrier Resort in White Sulphur Springs, West Virginia. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers.