Paul William Ferrell, a rookie sheriff's deputy, was convicted of the In court, she testified that on February 17, she heard banging, a gunshot, and a woman's scream coming from the trailer. paul william ferrell west virginia - casessss.com When he called the number, Cathy answered. She graduated from the West Virginia University College of Law in 1999. . 2d 320 (1980), it undertakes no careful analysis of the rule. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. Approximately forty percent of the population. was a common name in the American regions of Virginia and North Carolina by the 1730s. [4] Some employees read some of it to him, and others would not. 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. agent William Scobie to testify without proper qualifications and an adequate foundation that based upon the blood found at the alleged crime scene that a violent act had to have occurred. . The State charged the defendant, among other things, with abduction, an offense which requires proof of a sexual motivation. After Laplace, Ferrel was the chief founder of the subject now known as geophysical fluid dynamics. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. call from a man she took to be Ferrell. A caller pretending to be a magistrate (the same as the person that called her) asked a woman to meet him at the fire hall at that time. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. Location: Gormania, West Virginia Victims of the State, While doing so, he said that he observed signs of guilt through Ferrell's body language. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. It is important to note that eyewitness sightings of missing persons have often been proven to be false. ___ W.Va. at ___, 399 S.E.2d at 841. Death . Syllabus point 1 of State v. Smith, 169 W.Va. 750, 289 S.E.2d 478 (1982), this Court stated: The trial court could have corrected whatever problem there might have been in the charge, if asked to do so. State v. Brumfield, ___ W.Va. ___, 358 S.E.2d 801 (1987). Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. publishing a story about it in a magazine. In Smith v. Bordenkircher, 718 F.2d 1273 (4th Cir.1983), cert. Farrell - Surnames - Genealogy.com She later recanted her testimony, Author. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. idaho hoa rules and regulations; einstein zebra puzzle. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. Dissenting Opinion of Justice MILLER Dec. 19, 1990. 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. Our cherished husband, father, grandfather, great grandfather, William "Bill" Ferrell, 92, was called home to his Heavenly Father, on Sunday June 21, 2015. His parents owned a general store; after serving in the military, he came home to help run it. (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) Delbarton . paul william ferrell west virginia USGenWeb Archives - census wills deeds genealogy Her coworker noticed that she was dressed up. 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. See State v. Clements, ___ W.Va. ___, 334 S.E.2d 600, cert. E.g., State v. Hanna, supra. 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." There was no known blood sample from Cathy Ford which could be used for comparison. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. He even enclosed $200 to pay for her ruined car. He was also involved in boxing. (XIII.) 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). It must be remembered, however, that the State's case was based entirely on circumstantial evidence. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. Dissenting Opinion of Justice MILLER December 19, 1990. . 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. Paul A Ferrell (born 1928) - Fayette County, West Virginia The evidence at trial revealed that approximately twenty samples of what appeared to be bloodstains taken from the defendant's home and from Cathy Ford's vehicle were analyzed. Paul Farrell 7/15/12. Ferrell never testified on his own behalf. Ferrell had been involved in a series of murders in Yellowstone Park. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." Traces of saliva found on the filter demonstrated that the smoker had been a Type A secretor. F.B.I. Witnesses placed him at a phone booth outside of the magistrates' office at the Mount Storm Fire Hall on the day Cathy vanished. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. Updated: September 26, 2013 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. 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. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." See State v. Dolin, ___ W.Va. ___, 347 S.E.2d 208 (1986), overruled on other grounds, State v. Edward Charles L., ___ W.Va. ___, 398 S.E.2d 123 (1990). 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". After the game, the two took a walk through the WVU College of Law . Business Education, WVSU; M.A. Victims of former Fenwick priest tell their stories - Oak Park Short-term and long-term effects to retiree and non-state coverage is unknown. William Farrell in VA - Address & Phone Number | Whitepages What does Ferrell mean? - Definitions.net Paul Ferrell - Victims of the State 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]. 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. 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. Many are still certain that Ferrell is guilty. 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. E.g., Ballweg v. State, 158 Ga.App. 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. (XX.) If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . On February 4, 1989, he was convicted of kidnapping, murder, and arson. He married his high school sweetheart, Rebecca Ruth . how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. They also offered a reward for information. Storm Fire Hall sometime between 10:00 and 3:00. WV opioid trial: Day 1 of closing arguments - Mountain State Spotlight Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. Finally, on March 8, almost three weeks after she vanished, it was rediscovered by Darvin and her brother, Rich. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. A few days after that, he sent the anonymous letter to the restaurant. 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. 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. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. Despite numerous interrogations, the defendant made no confession. 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. 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. 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. Storm, where defendant's trailer was located. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. In the case before us, however, it is highly unlikely that Paul Ferrell enticed Cathy Ford to his trailer exclusively in order to kill her; rather the jury could have reasonably believed that he enticed her to his trailer in order to commit the offense of rape, an offense with which he was not 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. Ferrell History, Family Crest & Coats of Arms - HouseOfNames 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. agent's expertise. Prosecutor DiBenedetto denied that this "forcing" ever occurred. There he would graduate from Huntington East High School in 1990. Bedford [now Fulton] County, Pennsylvania, 29 January 1817; d. Maywood, Kansas, 18 September 1891) mathematical geophysics. (XV.) Id. A few days later, he called Bernard from Uniontown, Pennsylvania and asked her to call Cathy's family and tell them that she was all right. Lived In Portsmouth RI, Alexandria VA, Miami FL, Arlington VA. Related To Margaret Farrell, Ml Farrell, Katherine Farrell, John Farrell, Joan Farrell. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. the found blood look like that of Ford's. Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. "Q Agent Lynch, what percent of the population has a PGM of 1 + 2 +, an EAP of BA, and an HP of 1? There are situations where an offense that would technically constitute kidnapping under our broadly worded statute cannot be considered a separate offense. The majority does not even address whether the trial court erred in admitting the testimony of the F.B.I. 19401. Laboratory tests showed the They continued until the time Cathy vanished. weapon, eyewitnesses, or physical evidence such as fingerprints, hair and [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. The defendant became enraged, broke into the man's house, and took the girl with him against her will. He directed them to go to locations near where he lived. Rev William Jesse Ferrell Jr. (1925-2018) - Find a The U.S. Supreme Court has refused to reconsider this case. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. Rebecca Pariseau 3/18/13. (XII.) 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." 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. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. U.S. v. Kerr, 778 F.2d 690 (11th Cir.1985), was a prosecution for mail fraud and conspiracy to commit mail fraud, based on the predicate crime of arson of a pharmacy. (XVII.) William Farrell, Virginia (79 matches): Phone Number, Email, Address William Ferrell in Virginia : 47 records available - Yellowbook An in camera hearing on evidence such as the phone calls involved here is required by State v. Dolin, ___ W.Va. ___, 347 S.E.2d 208 (1986). 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . He wrote that Ferrell's He gave the first general formulation of the equations of motion for a body moving with respect to the rotating earth and . 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. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). 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. Gen., Atty. Paul T. Farrell Jr. Greene, Ketchum, Farrell. You already receive all suggested Justia Opinion Summary Newsletters. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. 150 (1954). After testing for the same genetic markers, Agent Lynch testified that the bloodstains analyzed in the course of the police investigation could have come from an offspring of the Fords. Atty. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. Moreover, one can only assume that the majority's reference to "[in]voluntary providers of sexual gratification" is intended to describe the salespersons who took the telephone calls at the bookstores. [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 +). Supreme Court of Appeals of West Virginia. In addition, defendant did not object to the charge when given. Ferrell Cemetery Roxalana, Roane County, West Virginia. 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. 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. STATE of West Virginia "Q What percent of the population has a Haptoglobin of 1? "Q. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. [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. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. He often tried to get a female employee to read to him from pages 177 and 178 of The New Our Bodies, Ourselves. 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. According to investigators, the women had one thing in common: they all knew Ferrell. It appeared as though it had been covered up in an attempt to keep it from ever being found. Ferrell Cemetery - Roane County, West Virginia - Interment.net 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. He also said that smoke from some unexplained source had been spotted near it. In light of the overwhelming evidence on the murder and arson charges we find no reversible error. Roger W. Tompkins, Atty. 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. 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. Ford. Lat: 38 41' 41"N, Lon: 81 16' 10"W