Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. 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. Business Education, WVSU; M.A. William "Bill" Ferrell. was burned elsewhere because there was no scorching on the vegetation (XIII.) Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. Find information on William Ferrell in VA. Browse our directory to see mobile phone numbers, previous & current house addresses, email addresses, and much more. denied, 337 U.S. 957, 69 S. Ct. 1531, 93 L. Ed. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. 2. 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." Amelia Ferrell Knisely said she had been warned to stop reporting on . The trial court erred in admitting the testimony of forensic serologist Audrey Lynch who testified that the blood found was not inconsistent with blood that would come from the offspring of the parents of the alleged victim. Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. at ___, 382 S.E.2d at 331. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. No. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. Unsolved Mysteries, At trial, 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. telephoned bookstores and libraries throughout the country posing as a However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. . after Ford's disappearance, her boyfriend, Darvin Moon, discovered her badly Atty. 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . This site is protected by reCAPTCHA and the Google, Supreme Court of Appeals of West Virginia, Supreme Court of Appeals of West Virginia Decisions. However, when his girlfriend, Cathy Bernard, visited his trailer on 14 February 1988, she had not noticed any stains on the master bedroom carpet, nor any strong odors. He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. 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. Gen., Atty. Also, a cigarette butt of the type smoked by Ms. Ford was found. 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. As an initial matter, I do not believe the majority's characterization of the facts is accurate. The 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. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. (VII.) Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. classification and properties of elementary particles SUBMITTED PHOTO. ___ W.Va. at ___, 399 S.E.2d at 841. ___ W.Va. at ___, 399 S.E.2d at 837. On the element of enticement, the jury's determination from the overwhelming evidence that Cathy Ford was killed in Paul Ferrell's mobile home, combined with the phone call to Cathy Ford concerning the liquor investigation, could lead the jury reasonably to believe that Paul Ferrell told Cathy Ford something to get her to meet with him, and that she actually went to his trailer because of his fraudulent representations. The State charged the defendant, among other things, with abduction, an offense which requires proof of a sexual motivation. By 1850, approximately half of Kanawha County's slaves worked in the salt industrymany mined coal to fuel the furnaces. Approximately thirty-two percent of the population. 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. 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). We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. He was born exactly one day before his Phantom of the Paradise (1974) co-star William Finley . 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?" (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) 404(b). The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. William M Ferrell Birth 12 Oct 1837. 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. 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). Explore historical records and family tree profiles about Paul Ferrell on MyHeritage, the world's family history network. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. Supreme Court of Appeals of West Virginia. Some time after Ford's disappearance, her boyfriend . Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. giving her testimony, Kitzmiller says she waited for prosecutors to produce Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . He was told that a woman had been calling, asking for him. F.B.I. 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). On March 11, the FBI searched the area. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. Ferrell. He then made another "stupid mistake": he sent an anonymous letter to the restaurant, claiming that she had run away and wanted her parents to know that she was safe. Perhaps in an attempt to explain why he was obsessed, he told Ms. Bernard that he knew Cathy Ford well, and that they had been intimate about a year before he met Ms. Bernard. 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. *851 The defendant does not challenge the scientific basis of the bloodstain and saliva analyses or of the DNA testing. Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. blood to be that of a woman, but DNA tests could not match the blood to [7] In State v. Weaver, ___ W.Va. ___, 382 S.E.2d 327 (1989), this court noted that "kidnapping was so broadly defined, virtually any movement or detention of a person during the commission of another crime fell within the kidnapping statute." Volume 2 of History of West Virginia, Old and New: In One Volume, James Morton Callahan. Ms. Ford drove her Ford Bronco on route 50 into Grant County, and turned off at the Bismark Road. [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. It must be recalled that the State's case here was entirely circumstantial. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. An analogous situation arose in State v. Walters, 99 Or.App. [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. At the beginning of the general charge, the court cautioned the jury that they were not there to judge the defendant for crimes that were not charged in that proceeding. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. Lat: 38 43' 54"N, Lon: 81 16' 02"W However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. He assumed office on December 1, 2022. What percentage of the population has a blood type A? Rebecca Pariseau 3/18/13. No objection was made at trial, so we find no reversible error in the challenged sentence. 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. Mared Malarik and Karen Ferrell were both . From the room in Mr. Ferrell's family store in which his telephone was located, Mr. Ferrell could see people come and go from the post office, and could also see Ms. Knotts' residence. The West Virginia Rules of Evidence now provide in Rule 404(b): Rule 404(b) states essentially the same rule that we pronounced in Thomas, supra. I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. Later, however, she stated she didn't know nothin' 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. Because Cathy lived in Maryland and her car was found in West Virginia, police from both states investigated this case. After Cathy Ford's disappearance, it came out that several other young women in the area of Grant County, West Virginia, and Garrett County, Maryland also received phone calls directing them to secluded areas. The alleged magistrate said that he was conducting an investigation of someone she knew, and needed to question her at the Mt. Denied,Articles, These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. West Virginia University, +1 more An FBI agent testified that while giving Ferrell a hypothetical scenario There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. 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. 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. When she went to talk to the waitress that looked like Cathy, she ran back into the kitchen. Ferrell claimed that he and Cathy were more friends than lovers. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. Id., at 130. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. Ferrell's trial started on January 25, 1989. Mr. Ferrell claims that there was insufficient evidence to convict him of kidnapping. Mr. George Ferrell, (b. In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. jose munoz death tulsa ok; jobs at arsenal training ground; scotiabank priority pass registration [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. "A. This court will not reverse a conviction for harmless error. Farrell would later graduate from University of Notre Dame in 1994 . Paul William FERRELL. WMOT 89.5 - Nashville. Two Co-eds go Missing January 18th, 1970. 3. In each of the above-cited cases, however, the phone calls were directed at the victim of the sexual offense. 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. Dissenting Opinion of Justice MILLER December 19, 1990. There were many Ferrell patriots in the American Revolution, the rosters of the "Southern Campaigns of The American Revolution . 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). Indeed, this point was strenuously pointed out by defense counsel in cross-examination. Ferrell was released pending an evidentiary hearing, but he was He married his high school sweetheart, Rebecca Ruth . In each instance, the salesperson was asked to locate and to read certain passages over the telephone. Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. The parents' blood was analyzed for the same markers as if they had come from a common source. (XI.) 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. Select this result to view Martha Comisky Ferrell's phone number, address, and more. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. agent's expertise. They publishing a story about it in a magazine. 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. (IX.) 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. In 1963, he and his brothers purchased the company, which serviced the coalfields and communities of southern West Virginia and surrounding areas. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. 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. Id., at 394, 242 S.E.2d at 471. We note that this Court in Dolin also gave the defendant the right to request and receive a limiting instruction on evidence such as the phone calls involved here. Tyler County, West Virginia, USA. Dissenting Opinion of Justice MILLER Dec. 19, 1990. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). STATE of West Virginia Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. In January 1988, he became a deputy sheriff in Grant County, West Virginia. how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. Sometime between 10:30 and 11:00 on Wednesday, 17 February 1988 (the day the victim disappeared), the magistrate and her assistant observed Mr. Ferrell using the public pay phone outside of the office. On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. Dissenting Opinion of Justice MILLER December 19, 1990. . 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 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. Despite numerous interrogations, the defendant made no confession. They have also lived in Morgantown, WV. According to him, they had been engaged in an on-again, off-again affair since fall 1987. If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . Decided July 24, 1990. She left work, went home, and took a shower. FBI agents found traces of blood under a newly laid carpet in Ferrell's others, and might be stained by blood from a variety of sources. [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. His parole was granted in May 2004. 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. Definition of Ferrell in the Definitions.net dictionary. He often tried to get a female employee to read to him from pages 177 and 178 of The New Our Bodies, Ourselves. 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. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. Yet, this was the very premise on which the State built its case. Mr. Ferrell discouraged a search of the area when Ms. Ford's Bronco was located; he wrote a letter to Ms. Ford's parents; he asked his girlfriend to make calls to indicate to Ms. Ford's family that she was all right; and he regularly used telephone impersonations to attempt to entice young women to meet him in secluded areas. The prosecution needed to prove beyond a reasonable doubt that Mr. Ferrell used fraud to entice Ms. Ford to the area near his mobile home, for the purpose of gaining a "concession or advantage" in the form of sexual gratification. 19401. This proof never arrived. Private investigator and author Martin Yant helped expose the case by 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. The most obvious problem is that the three blood samples which were used to obtain the genetic markers could not be identified as coming from the same person. *836 Daniel R. James, Barr & James, Keyser, for Paul W. Ferrell. 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. Ferrell saw Darvin twice that day; once outside the restaurant. 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. Evidence of irregularities in the dispensing of drugs was held admissible to prove motive and intent to commit arson, even though it raised a prejudicial implication of drug trafficking. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. As I have already remarked, there was simply no evidence to connect the telephone calls to the bookstores with the kidnapping of Cathy Ford. What percent of the population has a genetic marker of PGM 1 + 2 +? Mr. Ferrell was not lying when he said the evidence was on those roads. On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. 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. The Ford Bronco that Ms. Ford was last seen driving was found right along the Stony River off of the Bismark Road. 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. See State v. Fortner, ___ W.Va. ___, 387 S.E.2d 812 (1989); State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985). [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. As the trial progressed, the prosecution introduced rather "unorthodox" testimony. "Q So that would include both male and female? However, new evidence began to surface that suggested that he may have been innocent. (V.) The trial court erred in permitting F.B.I. 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. 2. Cathy Ford's body was never found. Rptr. 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. Blood was also found on a piece of material in a waste basket. Id., at 395, 242 S.E.2d at 471. 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. 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. The trial court erred in failing to dismiss the kidnapping count against petitioner upon petitioner's motion for a directed verdict at the completion of the State's case and at the completion of the defendant's case in chief because defendant should have been charged with abduction and not kidnapping. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. 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. Saint Johnsbury, VT (05819) Today. 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. Thus the jury was given the figure of 10,000 to 1 odds the defendants were guilty. James Ferrill -- War of 1812.
