After the game, the two took a walk through the WVU College of Law . Paul Ferrell had recently begun working as a deputy sheriff for Grant County. William M Ferrell Birth 12 Oct 1837. William "Bill" Ferrell. the found blood look like that of Ford's. The only evidence introduced by the State in this regard was a series of telephone calls to bookstores, placed from the defendant's telephone, in which a male caller asked the salesperson to read selected portions of a book describing anal sex practices. William Farrell b. Judge Williams was an associate attorney at the law firm of Bowles Rice McDavid Graff & Love from 1991 to 1993, before . Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. All Cities (14) Roanoke (2) Broadway (1) Richmond (1) Chesapeake (1) Christiansbrg (1) Moneta (1) Salem (1) Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. I cannot find this error to be harmless. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. mick tucker death; when is the route 40 yard sale 2021 . Farrell's opening remarks lasted about an hour and a half followed by an . Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. She has not been seen since. Business Education, WVSU; M.A. In each instance, the salesperson was asked to locate and to read certain passages over the telephone. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. *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. Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. 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. Ferrell saw Darvin twice that day; once outside the restaurant. In these calls, he posed as either a doctor, police officer, or a magistrate. What does Ferrell mean? Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. He had no idea that her parents had already called the police and reported her missing. However, an FBI handwriting expert later proved in court that he did so. In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. About a week after Cathy vanished, Ferrell told a volunteer searcher that she call off the search for 48 hours because police found "solid evidence". First Name. 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). Based on the evidence, he was arrested and charged with kidnapping, arson, and murder. In Woodall, however, we also recognized the dangers inherent in the use of statistical evidence based on blood tests where the premise on which such evidence rests is faulty: "In the celebrated case People v. Collins, 68 Cal. His current term ends on December 1, 2024. He was surrounded by his daughter and his Pastor. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. Publisher. 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 exposure on Montel Williams and Unsolved Mysteries. 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?" Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. The trial court erred by failing to conduct a proper Bamjoman [sic] hearing. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. 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). His parents owned a general store; after serving in the military, he came home to help run it. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. Real Name: Paul William Ferrell He was sentenced to a minimum of fifteen years in prison. In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. 570, 783 P.2d 531 (1989), review allowed, 309 Or. Denied,Articles, Agent Curtis was testifying as an expert witness with regard to responses he observed before and after, but not during, a polygraph test that he administered to Mr. Although Cathy has never been found, it is assumed that she is deceased. granted in May 2004. Lat: 38 43' 54"N, Lon: 81 16' 02"W View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. On 23 February 1988, Paul Ferrell had withdrawn two hundred dollars from his personal savings account. 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. denied, 337 U.S. 957, 69 S. Ct. 1531, 93 L. Ed. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. Dissenting Opinion of Justice MILLER December 19, 1990. . Mr. George Ferrell, (b. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. 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. In cases involving sexual offenses, for example, evidence that the defendant made obscene or suggestive telephone calls before or after the crime has been held to be admissible to show motive or intent or to identify the defendant as the perpetrator of the offense. Supreme Court of Appeals of West Virginia. A mix of clouds and sun. The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. 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. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. "Q What percent of the population has a Haptoglobin of 1? Paul Farrell 7/15/12. 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. Approximately forty percent of the population. Cathy Ford's body was never found. According to him, she was crying and asking to see him. However, this was but a small part of a very long and complicated trial; although the court gave no cautionary instruction, the extensive cross-examination by defense counsel adequately pointed out to the jury the inconclusiveness of nodding during conversation. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. 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. From the room in Mr. Ferrell's family store in which his telephone was located, Mr. Ferrell could see people come and go from the post office, and could also see Ms. Knotts' residence. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. 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. . You already receive all suggested Justia Opinion Summary Newsletters. [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. [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.". Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. 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. 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. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. Mr. Farrell is widely recognized by his peers as a pioneer and authority on . The Ford Bronco that Ms. Ford was last seen driving was found right along the Stony River off of the Bismark Road. Skip Ancestry main menu Main Menu. On 20 March 1988, Paul Ferrell was arrested. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. Ford. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. William Bernard Hacker, who was convicted of murder in West Virginia, was a man who some suspected of being involved in the coed murders. His driveway led to a seldom travelled road that led to the site of the burned Bronco. (V.) The trial court erred in permitting F.B.I. Home / / paul william ferrell west virginia. Sign up for our free summaries and get the latest delivered directly to you. Unsolved Mysteries, There he would graduate from Huntington East High School in 1990. 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. They continued until the time Cathy vanished. 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. . She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. others, and might be stained by blood from a variety of sources. "A. (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) Some time after Ford's disappearance, her boyfriend . Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 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. Prosecutor DiBenedetto denied that this "forcing" ever occurred. disappearance she heard banging, a gunshot, and a woman's scream coming Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 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. at ___, 382 S.E.2d at 331. rensselaer county police blotter 2020; Sndico Procurador . Mr. Ferrell then went into the truck bay area of the fire hall, where a phone available to the public was located, remained there a while and then left. Date: February 17, 1988. 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. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. Bedford [now Fulton] County, Pennsylvania, 29 January 1817; d. Maywood, Kansas, 18 September 1891) mathematical geophysics. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. Her body has never been found and no one had ever seen her with Ferrell. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. Users can search the records and view scanned images of the original records. [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. ___ W.Va. at ___, 399 S.E.2d at 837. Exhibit Q 134, a wooden brace which ran from the bottom of the defendant's trailer to the ground, was found to contain the PGM type 1 + 2 + marker as well as an enzyme, erythrocyte acid phosphatase (EAP type BA). 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.". Mr. Farrell is co-lead of MDL2804, National Prescription Opiate Litigation, and represents 700+ communities across the United States in the largest and most complex case in history. Finally, on March 8, almost three weeks after she vanished, it was rediscovered by Darvin and her brother, Rich. this kind of evidence has been allowed to go to a jury. Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. After Cathy Ford's disappearance, it came out that several other young women in the area of Grant County, West Virginia, and Garrett County, Maryland also received phone calls directing them to secluded areas. He also got the case 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. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. Initially, he denied writing the letter. [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. 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). They also offered a reward for information. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. Some time Here's an overview: SB 268 is a comprehensive bill that affects 230,000 plan participants of PEIA in many different ways. If any person, by force, threat, duress, fraud or enticement take, confine, conceal, or decoy, inveigle or entice away, or transport into or out of this State or within this State, or otherwise kidnap any other person, for the purpose or with the intent of taking, receiving, demanding or extorting from such person, or from any other person or persons, any ransom, money or other thing, or any concession or advantage of any sort, or for the purpose or with the intent of shielding or protecting himself or others from bodily harm or of evading capture or arrest after he or they have committed a crime, he shall be guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary for life, and he, notwithstanding the provisions of article twelve [ 62-12-1 et seq.