Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. STATE of West Virginia exposure on Montel Williams and Unsolved Mysteries. 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. 2d 320 (1980). Lat: 38 43' 54"N, Lon: 81 16' 02"W Cathy Bernard's testimony on this matter was offered to link Paul Ferrell to the telephone call to Cathy Ford concerning a liquor investigation of her family's restaurant. Date: February 17, 1988. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. Short-term and long-term effects to retiree and non-state coverage is unknown. Mr. Ferrell was not lying when he said the evidence was on those roads. Cathy Ford has never been found, although she is assumed dead. Paul Ferrell had recently begun working as a deputy sheriff for Grant County. Her body The circuit court erred in admitting a photograph of Paul Ferrell's automobile inasmuch as Kim Nelson, the State's witness and the person who identified the car, was shown an impressibly [sic] suggestive photograph identification. [2/08], References:Justice: 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. Some time share. They continued until the time Cathy vanished. Id. On examining the challenged sentence of the judge's charge to the jury in the context of the specific instructions and the general charge, we find that there was no error. Fire and rust destroyed any fingerprints that may have been on the car. Find information on William Ferrell in VA. Browse our directory to see mobile phone numbers, previous & current house addresses, email addresses, and much more. 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. Supreme Court of Appeals of West Virginia. (XIX.) Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. He assumed office on December 1, 2022. Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. On February 4, 1989, he was convicted of kidnapping, murder, and arson. 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. What percent of the population has a genetic marker of PGM 1 + 2 +? Trusted by millions of genealogists since 2003 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. An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . They noticed that she appeared to be nervous when she noticed them. She later recanted her testimony, disappearance she heard banging, a gunshot, and a woman's scream coming 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). Accordingly, for the reasons set forth above, the judgment of the Circuit Court of Grant County is affirmed. Finally, on March 8, almost three weeks after she vanished, it was rediscovered by Darvin and her brother, Rich. paris romeo and juliet paul rudd; how tall is sarah waddingham; wagner ring cycle performances 2022; how many yellow cards before suspension in scottish football; carne de puerco es mala para diabeticos; paul william ferrell west virginia. According to him, they had been engaged in an on-again, off-again affair since fall 1987. History of West Virginia, Old and New, James Morton Callahan. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. 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. was burned elsewhere because there was no scorching on the vegetation [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. Case: Appeal [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. We find there to be no reversible error in the trial court's exercise of discretion regarding the book. 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). He then asked women clerks to read the same sexually explicit passage. Here's an overview: SB 268 is a comprehensive bill that affects 230,000 plan participants of PEIA in many different ways. . (X.) reincarcerated for the crime in 1997. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the 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). 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. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. was a common name in the American regions of Virginia and North Carolina by the 1730s. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. Yet, this was the very premise on which the State built its case. 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. promised. [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.". about Cathy Ford's murder, he had observed signs of guilt in Ferrell's Results: Unresolved. In December 1989, a couple from the Gorman area was passing through Tennessee when they visited a restaurant and noticed that the waitress looked like Cathy. We agree with defendant that it was improper for Agent Curtis to give expert testimony to the effect that Mr. Ferrell admitted guilt by nodding while Agent Curtis was speaking to him. of the ordinary on the day in question. 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." [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. , West Virginia, USA; Burial Details Unknown . serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. Business Education, WVSU; M.A. denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. Ferrell claimed that he and Cathy were more friends than lovers. 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. paul william ferrell west virginia Currently, marriage records are available for the following counties and years. Bibliographic information. (XX.) Gen., Atty. None of the salespersons who testified were able to identify the defendant as the caller. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. E.g., Ballweg v. State, 158 Ga.App. My review of the law of other jurisdictions reveals no case in which evidence of this nature, which did not clearly demonstrate some nexus to the offense charged, was admitted under the precepts of W.Va. R.Evid. Private investigator and author Martin Yant helped expose the case by fibers. The commutation made Ferrell eligible for parole which he was Another woman who received a strange invitation that same day was Rose Bosley, a part-time postmistress in Gormania who usually worked on Saturdays. Listen to 'Long Time Coming': https://found.ee . Atty., Petersburg, for State of W.Va. *835. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. 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. [Intro] A F#m A F#m D E A [Verse 1] A D A In coal mining country, green rolling hills A E A Where my true love is waiting he loves me A D A I had to go my rambling ways A E A I'm always thinking of him, the sweet love we made [Chorus] F#m The last time I saw him A F#m We did the West Virginia Waltz A F#m The West Virginia Waltz D E A No . 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. 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. 150 (1954). 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. It specified that she heard the sounds on February 17; she claims that she did not specify that day. Decided July 24, 1990. Saint Johnsbury, VT (05819) Today. Carolyn Ferrell in West Virginia 27 people named Carolyn Ferrell found in Charleston, Huntington-Ashland and 6 other cities. Dissenting Opinion of Justice MILLER December 19, 1990. After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. Between 1880 and 1920, southern West Virginia's population grew from 93,000 to 446,000, due almost entirely to the coal industry. Despite the prior intimate relationship between the defendant and the victim, we held that there was "no evidence of any overt act or statement indicating that the defendant was sexually motivated to remove [the victim] from [the] home." "A. On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. 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. 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). Farrell, who died in 1989, is one of . Skip Ancestry main menu Main Menu. 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. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. There was insufficient evidence of malice being an essential element of second degree murder, and therefore, the verdict must be set aside. 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. 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. 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. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. commuted Ferrell's sentence in Jan. 2001. [3] That is the very result the rule seeks to prevent. The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. Delbarton . Moreover, the real question, left unanswered by the majority, is whether this evidence, if admissible, establishes an intent *848 or motive for the kidnapping. 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 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. As I have already remarked, there was simply no evidence to connect the telephone calls to the bookstores with the kidnapping of Cathy Ford. 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. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. 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. William Ferrell, who landed in Washington County . surrounding the vehicle. He directed them to go to locations near where he lived. She testified that between 1:00 and 2:00 p.m. on 17 February 1988, banging and terrified screams emanated from Mr. Ferrell's trailer for about a minute, followed by a gunshot from the same trailer. They were the parents of at least 3 sons and 2 daughters. 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. This Court has recognized that the results of properly conducted and generally recognized blood tests are admissible at trial if they are relevant to some issue. 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. agent's expertise. The parents' blood was analyzed for the same markers as if they had come from a common source. 2d 137 (1985). In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. Rptr. An FBI agent testified that while giving Ferrell a hypothetical scenario (XVIII.) However, this Court went on to say that, "if the state had been able to demonstrate that this had any reasonable bearing upon the intensity of the emotional relationship and, therefore, upon the strength of the motive, it would have been admissible testimony." others, and might be stained by blood from a variety of sources. Mr. Ferrell contends that evidence of over 206 phone calls to various bookstores and libraries across the country should have been excluded, because it was more prejudicial than probative. Although she wanted to see him at his trailer, they agreed to meet at the high school parking lot. Despite numerous interrogations, the defendant made no confession. What percentage of the population has a blood type A? The trial court erred in admitting into evidence forensic evidence from the "crime scene" which was not properly preserved thus constituting a denial of due process. classification and properties of elementary particles burned truck 75 yards from Ford's trailer home. [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." [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. body language. According to Ferrell's appellate attorney, this is the Farrell Family in New Orleans. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. Ferrell became the focal point of the investigation. STATE of West Virginia v. Paul William FERRELL. He continues to maintain that he is innocent. All of the recipients were attractive women between the ages of nineteen and thirty-nine. Date of Birth: April 17th, 1961 Id. . William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. Paul William Johnson. Id., at 395, 242 S.E.2d at 471. Links: Manage all your favorite fandoms in one place! High 38F. The appeals court noted that the sentence to which objection was made was "not intended as a complete statement in itself of all the elements of the crime charged," and that other parts of the court's charge resolved any possible ambiguity. The trial court's sequestration order was violated which should have resulted in a mistrial. However, she refused to tell her coworkers about the reason behind the call. 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. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. 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. 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. He went into the woods near it to investigate. about Paul Ferrell killin' anybody, and that she had not heard anything out Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. Winds N at 5 to 10 mph.. However, after the trial, she claimed that "words were put in her mouth". On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. The information accessed through the use of this website may not be used to threaten, intimidate or harass registered sex offenders and violations of law will be investigated by the West Virginia State Police. denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. 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. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 Lat: 38 41' 41"N, Lon: 81 16' 10"W 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. Sierra Ferrell performs "West Virginia Waltz" at the 2021 AmericanaFest Day Stage in Nashville, TN. Approximately thirty-two percent of the population. (XII.) Select this result to view Paul William Ferrell's phone number, address, and more. Includes Address (11) Phone (9) Email (7) See Results. His father, Paul Hamilton Williams, died in a car crash when Paul was 13-years-old. The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. 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. In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. The same distortion occurred in the statistical probability questions which are set out in note 8, supra. 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. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. 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. 404(b). History. 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. You're all set! from Ferrell's trailer. Ferrell continues to maintain his innocence. 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.
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