His current term ends on December 1, 2024. She later recanted her testimony, [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. 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.". 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." Ferrell's family store was in close proximity to both the post office and the restaurant. 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. 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. Farrell Family in New Orleans. While doing so, he said that he observed signs of guilt through Ferrell's body language. promised. 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. Ferrell believed that he was being accused of something. 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). 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). On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. 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. agent's expertise. 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. A postal employee was asked by a caller to pick up a stranded mail carrier on Bismarck Road, near Ferrell's trailer. In each of the above-cited cases, however, the phone calls were directed at the victim of the sexual offense. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. On the evening of Friday, 26 February 1988, Paul Ferrell and two other officers met with a private citizen, Vonda Moreland, who wanted advice on organizing a search for Cathy Ford. On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. However, DNA testing could not provide a positive match. 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. Research Farrell in the Surnames forums on Genealogy.com, the new GenForum! 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. jose munoz death tulsa ok; jobs at arsenal training ground; scotiabank priority pass registration The parents' blood was analyzed for the same markers as if they had come from a common source. In January 1988, he became a deputy sheriff in Grant County, West Virginia. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. All sentences were to run consecutively. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. Victims of the State, The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. When he called the number, Cathy answered. After the game, the two took a walk through the WVU College of Law . 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. That number comes from a resiliency plan developed by the city, which lays out how money would be spent if awarded. It appeared as though it had been covered up in an attempt to keep it from ever being found. The prosecution conjectured that 1 in 10 cars is yellow, and that 1 in 1,000 couples inter-racial. This would render the evidence admissible under Rule 404(b) of the West Virginia Rules of Evidence. 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 Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. On March 19, FBI agents tore up a newly laid carpet in his master bedroom. 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. They also offered a reward for information. As an initial matter, I do not believe the majority's characterization of the facts is accurate. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. This Court held that because there was ample evidence of the sexual relationship, the evidence concerning oral sex had no probative value whatsoever on the issue of whether defendant had plotted with his mistress to murder his wife. In these calls, he posed as either a doctor, police officer, or a magistrate. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. He claimed that he waited there for twenty minutes, but she never showed up. She graduated from the West Virginia University College of Law in 1999. . (emphasis added), (VIII.) [5] Note 2 of the majority opinion states that this issue was not fairly raised. It is important to note that eyewitness sightings of missing persons have often been proven to be false. No. 2. On 20 March 1988, Paul Ferrell was arrested. Mr. Ferrell argues that the testimony of Special Agent Curtis concerning Mr. Ferrell's body movement during a polygraph test should not have been admitted at trial. She ultimately concluded that they would occur in approximately.75 percent of the population.[8]. Ferrell claimed that he and Cathy were more friends than lovers. "Q. Rebecca Pariseau 3/18/13. Author. idaho hoa rules and regulations; einstein zebra puzzle. told me that he was a sicko, and that he needed to be put away. After The best result we found for your search is Paul William Ferrell age 60s in Bridgeport, WV. State v. Brumfield, ___ W.Va. ___, 358 S.E.2d 801 (1987). Carolyn Ferrell in West Virginia 27 people named Carolyn Ferrell found in Charleston, Huntington-Ashland and 6 other cities. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. Ferrell never testified on his own behalf. 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. 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. [4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. 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. He also said that smoke from some unexplained source had been spotted near it. He claimed that it had stains and a foul odor. In court, she testified that on February 17, she heard banging, a gunshot, and a woman's scream coming from the trailer. physician and asking clerks who answered to read explicit passages from Id., at 395, 242 S.E.2d at 471. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. The telephone there was a private one listed in the name of the defendant . Id. The court found sufficient evidence to support the convictions based on several sexually suggestive remarks the defendant had previously made about the victim to third persons. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Denied,Articles, Paul William FERRELL. 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 State contends that the evidence of the phone calls was probative because it established motive, intent, and common plan or scheme, and that the evidence was essential to prove the charge of kidnapping. 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. I know of no court which has sanctioned such an approach. 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. Ferril, Ferrel, et al.) She claimed that investigators told her that they knew he was the caller and that they could prove it. 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. Historical Person Search Search Search Results Results William Ferrell (1758 - 1817) . 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 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 married his high school sweetheart, Rebecca Ruth . In short, both instructions do not misstate the law in any way that hurts the defendant. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. Home / / paul william ferrell west virginia. 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. 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." 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. Two Co-eds go Missing January 18th, 1970. High 38F. . "The only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. All Cities (14) Roanoke (2) Broadway (1) Richmond (1) Chesapeake (1) Christiansbrg (1) Moneta (1) Salem (1) Despite numerous interrogations, the defendant made no confession. There was no known blood sample from Cathy Ford which could be used for comparison. Title. 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). 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. The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. When police searched Cathy's trailer, along with the blood, a cigarette butt of the type she smoked was found. 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?" Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. 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. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. When the questions combine the genetic markers to elicit smaller probability answers, the fundamental premise is that the markers came from a common blood source. 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. Ferrell located Cathy's burned-out car less than two hundred yards away from his trailer. Later, however, she stated she didn't know nothin' Delbarton . 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 . Volume 2 of History of West Virginia, Old and New: In One Volume, James Morton Callahan. STATE of West Virginia 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. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. 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. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. at ___, 382 S.E.2d at 331. From 1 February 1988 to 17 February 1988, several young women in the area received strange calls in which a man purporting to be someone other than Paul Ferrell directed them to the area near Mr. Ferrell's trailer along the Bismark Road. Roger W. Tompkins, Atty. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. burned truck 75 yards from Ford's trailer home. The Ford Bronco that Ms. Ford was last seen driving was found right along the Stony River off of the Bismark Road. . 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). She was never seen again. [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. 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. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. Her body This proof never arrived. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). telephoned bookstores and libraries throughout the country posing as a A man then drove out in a light blue car. Some of the locations were just a few hundred yards from his trailer. was burned elsewhere because there was no scorching on the vegetation View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. No objection was made at trial, so we find no reversible error in the challenged sentence. After graduating from the University of Notre Dame with a bachelor's degree in government in 1994, Paul Farrell attended a West Virginia University (WVU) football game with his father, Judge Paul Farrell. However, after the trial, she claimed that "words were put in her mouth". Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. West Virginia Cases, Police The region's first coal miners primarily were African Americans, both enslaved and free. giving her testimony, Kitzmiller says she waited for prosecutors to produce Many are still certain that Ferrell is guilty. You're all set! (VII.) 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. Here's an overview: SB 268 is a comprehensive bill that affects 230,000 plan participants of PEIA in many different ways. When she asked him about it, he mentioned that someone from the liquor board was going around and trying to get places to sell liquor to minors; this is what the caller mentioned when talking to Cathy. George Ferrell (b. They Fire and rust destroyed any fingerprints that may have been on the car. Tyler County, West Virginia, USA. Storm, where defendant's trailer was located. [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. [8] The testimony at trial was as follows: "Q. You can explore additional available newsletters here. I am authorized to state that Justice McHUGH joins me in this dissent. [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. This Court set out the standard in Syllabus point 1 of State v. Starkey, 161 W.Va. 517, 244 S.E.2d 219 (1978), where we said: Thus, it is with this standard in mind that we must consider defendant's assignment of error. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. has never been found and no one had ever seen her with Ferrell. They have also lived in Morgantown, WV. . Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. Atty. Meaning of Ferrell. commuted Ferrell's sentence in Jan. 2001. See State v. Fortner, ___ W.Va. ___, 387 S.E.2d 812 (1989); State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985). SB 268 places a "marriage . WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. In State v. Sette, 161 W.Va. 384, 242 S.E.2d 464 (1978), a case involving the murder of a woman by her husband and his mistress, the prosecution presented evidence that as part of an extramarital relationship, the defendant husband and his *842 mistress had engaged in oral sex at a time when to do so was a felony. tour dates. Dissenting Opinion of Justice MILLER December 19, 1990. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. . Mr. Farrell is widely recognized by his peers as a pioneer and authority on . STATE of West Virginia v. Paul William FERRELL. . [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. Cases Without a Body. Although she wanted to see him at his trailer, they agreed to meet at the high school parking lot. 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 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. 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'". Between 1880 and 1920, southern West Virginia's population grew from 93,000 to 446,000, due almost entirely to the coal industry. 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. He was surrounded by his daughter and his Pastor. 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. 2. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. [1] The defendant did admit making several calls from a different phone. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . The defendant was charged and convicted under W.Va.Code, 61-2-14a [1965], the general kidnapping statute.[6]. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. 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. Currently, marriage records are available for the following counties and years. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. 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. 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. share. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. blood to be that of a woman, but DNA tests could not match the blood to He was also involved in boxing. Gen., Atty. Reconnect with William Ferrell by joining our alumni site today. In light of the overwhelming evidence on the murder and arson charges we find no reversible error. He won a $10 million landmark medical malpractice trial verdict in Monongalia County in Riggs v. West Virginia Univ. [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 +). He was born exactly one day before his Phantom of the Paradise (1974) co-star William Finley . "Q What percent of the population has a combination of PGM 1 + 2 + and BA, or EAP of BA? Certainly, as a minimum beginning point, the majority writer might have cited his recent opinion in State v. Woodall, ___ W.Va. ___, 385 S.E.2d 253 (1989), where the threshold rule for the admissibility of expert testimony in such circumstances was outlined in Syllabus Point 1: "Under W.Va.R.Evid., Rule 702, expert testimony concerning generally recognized *849 tests is presumptively admissible and the burden of excluding such testimony is upon the side seeking exclusion. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. Ferrell will be eligible for parole in 2002. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. 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. No. 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.