paul william ferrell west virginia paul william ferrell west virginia

Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." He continues to maintain that he is innocent. denied, 337 U.S. 957, 69 S. Ct. 1531, 93 L. Ed. At around 2pm, she returned and picked up her purse. Id.[5]. promised. What percentage of the population has a blood type A? William Ferrell is a 1978 graduate of Douglass-Huntington High School in Huntington, West Virginia. On the grounds that Ferrell might have committed the alleged crime for It is important to note that eyewitness sightings of missing persons have often been proven to be false. As a resale marketplace, prices may be above face value Concerts Festivals Country Pop/Rock Hip Hop. Although Cathy has never been found, it is assumed that she is deceased. 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. ___ W.Va. at ___, 399 S.E.2d at 841. He was surrounded by his daughter and his Pastor. [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. Prosecutor DiBenedetto denied that this "forcing" ever occurred. What percentage of the population has a blood type A and are secretors? Storm *838 Fire Hall on Wednesdays. At most, the evidence demonstrated to the jury that the defendant had a propensity to commit the crimes charges because he is a "bad" man. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. 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. Lat: 38 41' 41"N, Lon: 81 16' 10"W SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. They are certain that she would have contacted them at some point. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . Short-term and long-term effects to retiree and non-state coverage is unknown. On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. 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. 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. On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. "Q So that would include both male and female? You already receive all suggested Justia Opinion Summary Newsletters. 2d 319, 66 Cal. In addition, defendant did not object to the charge when given. No witness ever saw the defendant with her. Ferrell was released pending an evidentiary hearing, but he was FBI agents found traces of blood under a newly laid carpet in Ferrell's View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. first time, ever, in the history of American criminal jurisprudence, that Case: Appeal ], chapter sixty-two of this Code, shall not be eligible for parole: provided, That the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall be eligible for parole in accordance with the provisions of said article twelve: Provided, however, That if the accused pleads guilty, the court may, in its discretion, provide that such person shall be eligible for parole in accordance with the provisions of said article twelve, and, if the court so provides, such person shall be eligible for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if such person had been found guilty by the verdict of a jury and the jury had recommended mercy: Provided further the person against whom the offense is committed is returned, or is permitted to return, alive, without bodily harm having been inflicted upon him, but after ransom, money or other thing, or any concession or advantage of any sort has been paid or yielded, the punishment shall be confinement in the penitentiary for any term of years not less than twenty: And provided further, That in all cases where the person against whom the offense is committed is returned, or is permitted to return, alive, without bodily harm having been inflicted upon him, but without ransom, money or other thing, or any concession or advantage of any sort having been paid or yielded, the punishment shall be confinement in the penitentiary for any term of years not less than ten. If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . This court will not reverse a conviction for harmless error. 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. There is nothing in the record to indicate that other women in the area had been abducted for sexual purposes during the period in which the telephone calls to the bookstore were made or that the defendant had ever attempted to coerce anyone to engage in the sexual practices described in the phone calls. However, DNA testing could not provide a positive match. 404(b). She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. He went into the woods near it to investigate. 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 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." 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. Mr. Farrell is widely recognized by his peers as a pioneer and authority on . Approximately forty percent of the population. 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. No. agent's expertise. In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. In Syllabus point 3 of State v. Starkey, supra, this Court said: *846 Like the instruction in that case, the instruction to which Paul Ferrell objects does not change the burden of proof. However, the issue was clearly raised by motion in limine prior to trial. Users can search the records and view scanned images of the original records. Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. She also claimed that prior to the trial she signed a statement typed up by prosecutors without reading it. denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. His driveway led to a seldom travelled road that led to the site of the burned Bronco. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. The prosecution wanted to show that he had a split personality. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. Click a location below to find Carolyn more easily. He admitted to making the calls but claimed that they had nothing to do with Cathy. . 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. Rehearing Denied Nov. 8, 1990. Her body has never been found and no one had ever seen her with Ferrell. Based on the evidence, he was arrested and charged with kidnapping, arson, and murder. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. [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. Historical Person Search Search Search Results Results William Ferrell (1758 - 1817) . On March 11, the FBI searched the area. Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. Ferrell believed that he was being accused of something. Skip Ancestry main menu Main Menu. 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. (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) . 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. [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. 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. 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. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. , West Virginia, USA; Burial Details Unknown . Typical of its well-crafted opinion, the majority offers no reason for this conclusion. 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. (X.) However, new evidence began to surface that suggested that he may have been innocent. In each of the above-cited cases, however, the phone calls were directed at the victim of the sexual offense. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. Rehearing Denied November 8, 1990. (V.) The trial court erred in permitting F.B.I. Last Name. Tyler County, West Virginia, USA. I am authorized to state that Justice McHUGH joins me in this dissent. Ferrell. [1] The defendant did admit making several calls from a different phone. Unsolved Mysteries Wiki is a FANDOM TV Community. 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. (XV.) State v. Brumfield, ___ W.Va. ___, 358 S.E.2d 801 (1987). Moreover, the real question, left unanswered by the majority, is whether this evidence, if admissible, establishes an intent *848 or motive for the kidnapping. The man wanted Ms. Ford to meet him at his office at 3:00 p.m. the same day, to discuss some checks. The telephone there was a private one listed in the name of the defendant . 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. SUBMITTED PHOTO. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." He assumed office on December 1, 2022. sexual reasons, his trial included circumstantial evidence that he had The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. 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. "A. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. A man then drove out in a light blue car. Id., at 1277. In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. The trial court failed to suppress the statement taken from the petitioner as it was not voluntarily given. He even enclosed $200 to pay for her ruined car. Accordingly, for the reasons set forth above, the judgment of the Circuit Court of Grant County is affirmed. 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. Her coworker noticed that she was dressed up. However, the carrier's route did not take him to that area, so the employee hung up. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. 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. Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. See also, U.S. v. Merryman, 630 F.2d 780 (10th Cir.1980) (evidence of other bad acts was admissible to rebut defendant's claim of mistake or lack of knowledge or intent); U.S. v. Thomas, 632 F.2d 837 (10th Cir.1980) (evidence that one defendant made a death threat growing out of a theft of narcotics was admissible to prove that he was a leader of the drug conspiracy). SB 268 places a "marriage . [4] Some employees read some of it to him, and others would not. Another woman who received a strange invitation that same day was Rose Bosley, a part-time postmistress in Gormania who usually worked on Saturdays. 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. All of the recipients were attractive women between the ages of nineteen and thirty-nine. 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . These calls, when considered in conjunction with the calls to local women, are probative, because they tend to prove that Mr. Ferrell used fraud to entice Cathy Ford to the area of his mobile home for the purpose of obtaining some sexual concession or advantage. All sentences were to run consecutively. ___ W.Va. at ___, 399 S.E.2d at 841. This would render the evidence admissible under Rule 404(b) of the West Virginia Rules of Evidence. trailer as well as on the walls and ceiling. Final Appeal: From the Files of Unsolved Mysteries, Report Shows Depth of Missing Woman Probe, Ferrell maintains innocence two years after conviction, SitcomsOnline Discussion of Paul Ferrell (includes articles), SitcomsOnline Discussion of Paul Ferrell 2. 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. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. Ferrell saw Darvin twice that day; once outside the restaurant. Id., at ___, 336 S.E.2d at 916. Stevens Institute of Technology, +3 more . 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). You're all set! [5] Note 2 of the majority opinion states that this issue was not fairly raised. In sum, then, I do not believe that this evidence was admissible as an exception to the general rule prohibiting the introduction of evidence of other crimes or wrongs. As the trial progressed, the prosecution introduced rather "unorthodox" testimony. West Virginia University, +1 more 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. Amelia Ferrell Knisely said she had been warned to stop reporting on . William "Bill" Ferrell. The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. However, after the trial, she claimed that "words were put in her mouth". 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. 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. Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . It was smoked by someone with a blood type not inconsistent with her parents. When adopted, it was identical to FRE 404(b). Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! 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." 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. "The only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . The same distortion occurred in the statistical probability questions which are set out in note 8, supra. exposure on Montel Williams and Unsolved Mysteries. agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. She claimed that investigators told her that they knew he was the caller and that they could prove it. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. 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]. burned truck 75 yards from Ford's trailer home. Ferrell claimed that he did this because he wanted people to stop searching and didn't want them to find Cathy's car in his backyard. 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. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. Ms. Moreland was unable to reach enough people to call off the search, and when Paul Ferrell called back later in the evening to ask if she had been able to call off the search, she told Mr. Ferrell that she had not been able to do so. In addition, a cigarette butt of the brand smoked by Cathy Ford found in a corner of the defendant's living room was tested. 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. He was born on July 3, 1925, at Sharon, WV, (Cabin Creek) to William Jesse Ferrell and Bertha Alice Hatfield Ferrell. 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. His current term ends on December 1, 2024. 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. . Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. books on sex. Some believed that the truck After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. 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. Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's 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. [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." Supreme Court of Appeals of West Virginia. The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. Tamela Kitzmiller testified that she thought the one who called her was Ferrell. Officer Defendants, Murder (XX.) Title. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. [6] A bloodstain taken from a floor joist of the defendant's bedroom showed the presence of phosphoglucomutase, a blood enzyme (PGM type 1 + 2 +). The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. E.g., Ballweg v. State, 158 Ga.App. When police searched Cathy's trailer, along with the blood, a cigarette butt of the type she smoked was found. A Grant County magistrate is usually on duty at a satellite office in the Mt. A witness described the robbers as a white woman and a black man who left the scene in a yellow car. 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.