others, and might be stained by blood from a variety of sources. [2] There was, for example, no evidence of any telephone calls made to libraries. 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. Because Cathy lived in Maryland and her car was found in West Virginia, police from both states investigated this case. 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. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. 3. Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. Approximately forty percent of the population. 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. 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). He was told that a woman had been calling, asking for him. rensselaer county police blotter 2020; Sndico Procurador . FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. 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. Id. He married his high school sweetheart, Rebecca Ruth . 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. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. (XV.) Ferrell had been involved in a series of murders in Yellowstone Park. Here's an overview: SB 268 is a comprehensive bill that affects 230,000 plan participants of PEIA in many different ways. 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. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. Educator, Business Owner, Developer Born April 17, 1961, in Charleston, West Virginia Parents David and Pauline Ferrell Spouse Tracy Ferrell Children Brooks Ferrell and Danica Ferrell Education A.A.S Business Management and Marketing, WVSU; B.S. No. 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. 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. She has a 1995 bachelor's degree in Journalism from West Virginia University. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. First Name. Mr. Ferrell claims that there was insufficient evidence to convict him of kidnapping. Outlook: Big names are all over this bracket, led by returning champions Adrian DeJesus and Anthony Knox, who went back-to-back last year as freshman at 106 and 113 pounds respectively. On the morning of Wednesday, 17 February 1988, the victim, Catherine Ford, a resident of Maryland, received a call from a man claiming to be a magistrate at Mt. Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. call from a man she took to be Ferrell. High 38F. The calls were similar to those made earlier in which a man had directed young women to the Bayard-Wilson-Corona Road. He was sentenced to a minimum of fifteen years in prison. FBI agents found traces of blood under a newly laid carpet in Ferrell's They continued until the time Cathy vanished. As the trial progressed, the prosecution introduced rather "unorthodox" testimony. An analogous situation arose in State v. Walters, 99 Or.App. In Atkins, we discussed at length some of the practical factors to consider in determining whether the identified error should be deemed harmless, including the principle that where the case "is basically a circumstantial evidence case, there is an increased probability that the error will be deemed prejudicial." The defendant was charged and convicted under W.Va.Code, 61-2-14a [1965], the general kidnapping statute.[6]. Find Paul Ferrell's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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. A Grant County magistrate is usually on duty at a satellite office in the Mt. She left work, went home, and took a shower. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. After Laplace, Ferrel was the chief founder of the subject now known as geophysical fluid dynamics. Ferrell claimed that he and Cathy were more friends than lovers. It is entirely possible that Mr. Ferrell was simply nodding to show that he was listening, and in no way agreed with what Agent Curtis was telling him. Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. The caller posed as various people, including a doctor, a magistrate, a police officer, and a passing motorist. Enclosed with the letter was the sum of two hundred dollars in twenty dollar bills. 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. the found blood look like that of Ford's. The trial court's sequestration order was violated which should have resulted in a mistrial. While doing so, he said that he observed signs of guilt through Ferrell's body language. It appeared as though it had been covered up in an attempt to keep it from ever being found. *836 Daniel R. James, Barr & James, Keyser, for Paul W. Ferrell. Experts determined that the fire was deliberate arson. You're all set! Farrell's became known for their offer of a free ice cream sundae to children on their birthday. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. (V.) The trial court erred in permitting F.B.I. 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. The Ford Bronco that Ms. Ford was last seen driving was found right along the Stony River off of the Bismark Road. [7] The tests demonstrated that Cathy Ford's father had Type O blood and carried the following genetic markers: PGM type 1 + 2 +; EAP type BA; Hp type 1. (emphasis added), (VIII.) It was smoked by someone with a blood type not inconsistent with her parents. Mr. Farrell is widely recognized by his peers as a pioneer and authority on . 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. 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. trailer as well as on the walls and ceiling. He claimed that he waited there for twenty minutes, but she never showed up. disappearance she heard banging, a gunshot, and a woman's scream coming They are certain that she would have contacted them at some point. [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. 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. Witnesses placed him at a phone booth outside of the magistrates' office at the Mount Storm Fire Hall on the day Cathy vanished. Sign up for our free summaries and get the latest delivered directly to you. Decided July 24, 1990. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." None of the salespersons who testified were able to identify the defendant as the caller. Although she wanted to see him at his trailer, they agreed to meet at the high school parking lot. West Virginia Cases, Police 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. Saint Johnsbury, VT (05819) Today. E.g., State v. Hanna, supra. Id., at 394, 242 S.E.2d at 471. STATE of West Virginia v. Paul William FERRELL. 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. His parole was granted in May 2004. There was no known blood sample from Cathy Ford which could be used for comparison. If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. In State v. Woodall, supra, we stated the general proposition that statistical probability evidence is admissible with respect to blood analysis evidence.[9]. [3] That is the very result the rule seeks to prevent. The Gormania route, however, would not take the carrier to those roads. However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. He even enclosed $200 to pay for her ruined car. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. convictions are not supported by the presence of the alleged victim's body, Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." It must be recalled that the State's case here was entirely circumstantial. Id., at ___, 336 S.E.2d at 916. Location: Gormania, West Virginia The trial court erred in refusing to grant a new trial due to juror bias extrinsic to the deliberative process. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. According to him, they spent most of the time talking about work and their families. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. 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. About an hour and a half after the meeting, Paul Ferrell called Ms. Moreland and asked her if she could call off the search, at least for 48 hours, because the officers had found some solid evidence. Ferrell said the trailer was eight years old, had been occupied by 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. He also said that he frequently posed as a doctor during these calls because he found it was very easy to get the information he wanted that way. Fire and rust destroyed any fingerprints that may have been on the car. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. This is particularly true in view of the highly prejudicial nature of such evidence. 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. Rehearing Denied November 8, 1990. 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. tour dates. Also Mr. Ferrell's landlord had not noticed any stain or odors in the trailer on 21 January 1988. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. When adopted, it was identical to FRE 404(b). SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. 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. Rptr. Atty. He also got the case about Paul Ferrell killin' anybody, and that she had not heard anything out Case: Appeal 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. burned truck 75 yards from Ford's trailer home. He was born on July 3, 1925, at Sharon, WV, (Cabin Creek) to William Jesse Ferrell and Bertha Alice Hatfield Ferrell. 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." body language. According to Ferrell's appellate attorney, this is the "Q. The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. 2. 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. There was insufficient evidence of malice being an essential element of second degree murder, and therefore, the verdict must be set aside. Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . 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]. On Sunday, 21 February 1988, Ms. Bernard, before washing Paul Ferrell's clothes, found in a pocket a note that dealt with two people posing as a young couple and setting someone up by using a fake *839 identification card. He wrote that Ferrell's The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. An FBI agent testified that while giving Ferrell a hypothetical scenario States in the 20th Century. Cathy's family, however, does not believe that she is still alive. This court will not reverse a conviction for harmless error. (XIII.) 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. On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. However, when a test is novel or not generally accepted, that circumstance alone meets the threshold requirement of rebutting any presumption of admissibility under Rule 702 and, therefore, with regard to tests that are not generally accepted the burden of proof that the test is reliable remains on the proponent.". Unsolved Mysteries Wiki is a FANDOM TV Community. He grew up here, went off to college, and returned home. According to investigators, the women had one thing in common: they all knew Ferrell. "Q What percent of the population has a Haptoglobin of 1? 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. at ___, 382 S.E.2d at 331. Storm *838 Fire Hall on Wednesdays. Paul Ferrell had recently begun working as a deputy sheriff for Grant County. Carolyn Ferrell in West Virginia 27 people named Carolyn Ferrell found in Charleston, Huntington-Ashland and 6 other cities. Page 836 [184 W.Va. 125] Syllabus by the Court. Paul Ferrell made numerous phone calls to bookstores and libraries across the country, in which he posed as a doctor seeking information on anal sex and anal stimulation. 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. 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. 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. 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. "A. Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. On March 11, the FBI searched the area. The record presents a picture of Mr. Ferrell as a man who regularly obtained sexual gratification from involuntary partners; in other words, the prosecution proved system, motive and intent. 163 W.Va. at 515, 261 S.E.2d at 63. [5] Note 2 of the majority opinion states that this issue was not fairly raised. Listen to 'Long Time Coming': https://found.ee . [9] In Woodall, ___ W.Va. at ___, 385 S.E.2d at 261-62, we stated: "Blood type and enzyme tests have general scientific acceptance, and the distribution of particular blood traits in the population is ascertainable. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. 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). All sentences were to run consecutively. 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.
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