I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. On February 4, 1989, he was convicted of kidnapping, murder, and arson. [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." (XV.) She also claimed that prior to the trial she signed a statement typed up by prosecutors without reading it. Witnesses placed him at a phone booth outside of the magistrates' office at the Mount Storm Fire Hall on the day Cathy vanished. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. share. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). On the grounds that Ferrell might have committed the alleged crime for Prosecutor DiBenedetto denied that this "forcing" ever occurred. This proof never arrived. His father, Paul Hamilton Williams, died in a car crash when Paul was 13-years-old. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. Home / / paul william ferrell west virginia. Publisher. The .75 percent figure was arrived at by dividing the final number in half to reflect the DNA expert's determination that the bloodstain on exhibit Q 134 had come from a female. granted in May 2004. Title. Lived In Portsmouth RI, Alexandria VA, Miami FL, Arlington VA. Related To Margaret Farrell, Ml Farrell, Katherine Farrell, John Farrell, Joan Farrell. The jury could logically have inferred that Mr. Ferrell discouraged a search of this area because he did not want the searchers to find Cathy Ford's Bronco. 19401. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. "A Approximately twenty-two percent of the population. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. One employee testified that she heard heavier breathing as the conversation went on, and said "[i]t was like the *841 anticipation of hearing." Based on the evidence, he was arrested and charged with kidnapping, arson, and murder. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. giving her testimony, Kitzmiller says she waited for prosecutors to produce William Jesse Ferrell. 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. 163 W.Va. at 515, 261 S.E.2d at 63. George Ferrell (b. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. Delbarton . Her coworker noticed that she was dressed up. paul william ferrell west virginia denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. History of West Virginia, Old and New, Volume 2. exposure on Montel Williams and Unsolved Mysteries. For example, where prisoners briefly confined prison guards in the course of an escape, and did not use any guards as hostages or shields, this Court held that the kidnapping was incidental to the escape. Paul William Ferrell appeals his conviction before a jury of kidnapping, second degree murder and third degree arson. call from a man she took to be Ferrell. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. I am authorized to state that Justice McHUGH joins me in this dissent. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 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. promised. 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. A postal employee was asked by a caller to pick up a stranded mail carrier on Bismarck Road, near Ferrell's trailer. Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. Unsolved Mysteries, All of the recipients were attractive women between the ages of nineteen and thirty-nine. What percentage of the population has a blood type A and are secretors? The crimes charged were heinous, the evidence entirely circumstantial, and what better place for a jury to repose confidence than in an F.B.I. agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. Syllabus point 2, Id. the prosecution purportedly engaged in mathematical wizardry which made Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. There were two sets of phone calls, the first set made between 28 September 1987 and late November 1987, and the second set between 1 February 1988 and 17 February 1988. 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. sexual reasons, his trial included circumstantial evidence that he had told me that he was a sicko, and that he needed to be put away. After (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) They have also lived in Morgantown, WV. According to him, they spent most of the time talking about work and their families. Id.[5]. 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. The information accessed through the use of this website may not be used to threaten, intimidate or harass registered sex offenders and violations of law will be investigated by the West Virginia State Police. 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. His parole was granted in May 2004. about Paul Ferrell killin' anybody, and that she had not heard anything out Paul William FERRELL. Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. 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." The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. This Court, in State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974), recognized that relevant evidence of prior crimes or wrongs is admissible to establish motive, intent, absence of mistake or accident, identity, or existence of a common scheme or plan. Updated: September 26, 2013 In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. In court, she testified that on February 17, she heard banging, a gunshot, and a woman's scream coming from the trailer. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. Listen to 'Long Time Coming': https://found.ee . [2/08], References:Justice: View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. He had no idea that her parents had already called the police and reported her missing. After the game, the two took a walk through the WVU College of Law . 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. Real Name: Paul William Ferrell Case: Appeal Location: Gormania, West Virginia Date: February 17, 1988 Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. Rehearing Denied November 8, 1990. By 1850, approximately half of Kanawha County's slaves worked in the salt industrymany mined coal to fuel the furnaces. Also, a cigarette butt of the type smoked by Ms. Ford was found. was burned elsewhere because there was no scorching on the vegetation At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. 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. [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. While doing so, he said that he observed signs of guilt through Ferrell's body language. Dana Ferrell (R - Kanawha, 060) CONTACT dana.ferrell@wvhouse.gov Capitol Office: Room 224E, Building 1 State Capitol Complex Charleston, WV 25305 Capitol Phone: (304) 340-3194 District: P.O. When she asked who or what the investigation concerned, he would not tell her. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. about Cathy Ford's murder, he had observed signs of guilt in Ferrell's On 23 February 1988, Paul Ferrell had withdrawn two hundred dollars from his personal savings account. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . Id. He claimed that he waited there for twenty minutes, but she never showed up. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. The jury is competent to determine the meaning of such everyday non-verbal communication, and Agent Curtis should not have been allowed to add an expert opinion. See State v. Weaver, ___ W.Va. ___, 382 S.E.2d 327 (1989); Bennett v. 3 C Coal Co., ___ W.Va. ___, 379 S.E.2d 388 (1989). [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. Stevens Institute of Technology, +3 more . She has a 1995 bachelor's degree in Journalism from West Virginia University. There have been a number of federal cases in which evidence of other bad acts has been admitted under FRE 404(b). 570, 783 P.2d 531 (1989), review allowed, 309 Or. Find information on William Ferrell in VA. Browse our directory to see mobile phone numbers, previous & current house addresses, email addresses, and much more. Huntington, West Virginia, is the capital of America's opioid epidemic. You're all set! Officer Defendants, Murder 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. First Name. Ferrell claimed that he and Cathy were more friends than lovers. [4] The Boston Women's Health Book Collective Staff. F.B.I. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. The trial court erred in admitting into evidence forensic evidence from the "crime scene" which was not properly preserved thus constituting a denial of due process. He was sentenced to a minimum of fifteen years in prison. No witness ever saw the defendant with her. We find there to be no reversible error in the trial court's exercise of discretion regarding the book. 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. The party seeking to impeach blood test evidence is free to cross-examine the proponent's experts and offer experts of his own to discredit the conduct of the tests and the underlying statistical probabilities.". The trial court erred in refusing to grant a new trial due to juror bias extrinsic to the deliberative process. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. West Virginia Governor Underwood 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. High 38F. Farrell's became known for their offer of a free ice cream sundae to children on their birthday. Contrary to the majority's assertion, none of the women who had received telephone calls similar to those received by Cathy Ford on the day she disappeared could positively identify the defendant as the caller. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. I believe, however, that the evidence of the telephone calls to the bookstores does not have a sufficient connection to the victim of the alleged crime to render it admissible under Rule 404(b). Business Education, WVSU; M.A. Denied,Articles, He even enclosed $200 to pay for her ruined car. . 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. On March 19, FBI agents tore up a newly laid carpet in his master bedroom. The calls were similar to those made earlier in which a man had directed young women to the Bayard-Wilson-Corona Road. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. 404(b). [4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. Paul T. Farrell Jr. Greene, Ketchum, Farrell. The people who found the Bronco knew to look there because they heard that smoke was seen hanging over the river on 17 February 1988. Some believed that the truck An FBI agent testified that while giving Ferrell a hypothetical scenario 150 (1954). Mr. Ferrell also argues that he cannot be convicted of kidnapping if he is convicted of murder, because the kidnapping would be only incidental to the murder. Mr. Ferrell was not lying when he said the evidence was on those roads. Lat: 38 41' 41"N, Lon: 81 16' 10"W classification and properties of elementary particles , West Virginia, USA; Burial Details Unknown . 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'". Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . 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. . After Laplace, Ferrel was the chief founder of the subject now known as geophysical fluid dynamics. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. Home; Trees; Search; DNA; Explore; Help; . This court will not reverse a conviction for harmless error. Filter by City. [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. 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. However, DNA testing could not provide a positive match. Check back often as we continue to add more. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. As previously pointed out, this is not the fact. 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. The U.S. Supreme Court has refused to reconsider this case. The defendant became enraged, broke into the man's house, and took the girl with him against her will. (XX.) Ferrell continues to maintain his innocence. 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). Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. Atty., Petersburg, for State of W.Va. *835. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. None of the salespersons who testified were able to identify the defendant as the caller. His driveway led to a seldom travelled road that led to the site of the burned Bronco. Upon an examination of the context in which the phrase "guilt or innocence of the accused" was used, and considering the purpose of the instruction in which that phrase is to be found, we find that there was no error. The next day, Cathy's family and Darvin put up posters and organized search parties. A witness, Tamela Kitzmiller, testified to having received an obscene phone 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. Winds N at 5 to 10 mph.. (XIX.) In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. ___ W.Va. at ___, 399 S.E.2d at 837. They were the parents of at least 3 sons and 2 daughters. There he would graduate from Huntington East High School in 1990. 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 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. He assumed office on December 1, 2022. [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. Two Co-eds go Missing January 18th, 1970. As an initial matter, I do not believe the majority's characterization of the facts is accurate. The trial court erred in admitting into evidence hearsay testimony as to what the alleged victim said prior to her departure from her family owned restaurant. claiming that the prosecution convinced her to testify by telling her that However, the carrier's route did not take him to that area, so the employee hung up. Cathy's family, however, does not believe that she is still alive. West Virginia Cases, Police Storm *838 Fire Hall on Wednesdays. That number comes from a resiliency plan developed by the city, which lays out how money would be spent if awarded. trailer as well as on the walls and ceiling. E.g., State v. Hanna, ___ W.Va. ___, 378 S.E.2d 640 (1989); State v. Harris, 166 W.Va. 72, 272 S.E.2d 471 (1980); State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974). Barbour: 1843 - 1849, 1853 - 1969 Berkeley: 1780 - 1856, 1858, 1862 - 1970 Boone: 1865 - 1968 Braxton: 1836 - 1847, 1865 - 1967 Brooke: 1797, 1799 - 1833, 1835 - 1971 Cabell: 1809 - 1968 Calhoun: 1856 - 1969 . When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. (XI.) has never been found and no one had ever seen her with Ferrell. Mr. George Ferrell, (b. 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. convictions are not supported by the presence of the alleged victim's body, [5] Note 2 of the majority opinion states that this issue was not fairly raised. 2d 137 (1985). 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. He then made another "stupid mistake": he sent an anonymous letter to the restaurant, claiming that she had run away and wanted her parents to know that she was safe. She ultimately concluded that they would occur in approximately.75 percent of the population.[8]. The prosecution conjectured that 1 in 10 cars is yellow, and that 1 in 1,000 couples inter-racial. He often tried to get a female employee to read to him from pages 177 and 178 of The New Our Bodies, Ourselves. [5] The defendant inconsistently numbers his assignments of error throughout his brief. However, she later stated that she wasn't sure if it was him. 2d 320 (1980), it undertakes no careful analysis of the rule. Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. State v. Woodall, supra; State v. Barker, ___ W.Va. ___, 366 S.E.2d 642 (1988); State v. Clawson, 165 W.Va. 588, 270 S.E.2d 659 (1980). Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. [8] As part of the interview, Agent Curtis presented the defendant with a scenario in which there were two Paul Ferrells, one that was a calm, rational individual, and another who acted emotionally, and struck out in anger at Cathy Ford. Cases Without a Body. [8] The testimony at trial was as follows: "Q. William P Farrell, 54. STATE of West Virginia 521, 789 P.2d 1386 (1990), in which the defendant was tried on charges of attempted kidnapping and attempted sexual assault after approaching a thirteen-year-old girl and offering her money to enter his vehicle to help him search for a lost dog. 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). disappearance she heard banging, a gunshot, and a woman's scream coming Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. . WMOT 89.5 - Nashville. was a common name in the American regions of Virginia and North Carolina by the 1730s. Death . Mr. Ferrell contends that evidence of over 206 phone calls to various bookstores and libraries across the country should have been excluded, because it was more prejudicial than probative. The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. On the element of fraud, the jury had ample evidence of Mr. Ferrell's use of fraudulent phone calls to obtain what he desired, so that they could reasonably infer that Mr. Ferrell used fraud to get Cathy Ford to meet him at or near his trailer. On 29 February 1988, Mr. Ferrell made a collect call from Uniontown, Pennsylvania to his girlfriend, Cathy Bernard, in which he asked her to call the Ford family to say Cathy Ford was alright. 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). Evidence of irregularities in the dispensing of drugs was held admissible to prove motive and intent to commit arson, even though it raised a prejudicial implication of drug trafficking. His parents owned a general store; after . Real Name: Paul William Ferrell 2. 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. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano.

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