. Ferrell will be eligible for parole in 2002. I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. Special Education, Marshall University Affiliations Aldersgate UMC PPRC Committee Chair; Poca Valley Bank Advisory . 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. 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. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. He gave the first general formulation of the equations of motion for a body moving with respect to the rotating earth and . He claimed that it had stains and a foul odor. Fire and rust destroyed any fingerprints that may have been on the car. William M Ferrell Birth 12 Oct 1837. Ferrell was released pending an evidentiary hearing, but he was It must be recalled that the State's case here was entirely circumstantial. Male 31 December 1914-16 May 1969 GMDJ . Real Name: Paul William Ferrell 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. told me that he was a sicko, and that he needed to be put away. After George Ferrell (b. 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. Paul Ferrell in West Virginia. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. denied, 337 U.S. 957, 69 S. Ct. 1531, 93 L. Ed. [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.". An analogous situation arose in State v. Walters, 99 Or.App. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. [1] The defendant did admit making several calls from a different phone. The defendant was charged and convicted under W.Va.Code, 61-2-14a [1965], the general kidnapping statute.[6]. 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. Updated: September 26, 2013 Id.[5]. Ferrell appealed his conviction, claiming: there was insufficient evidence that she was dead, the body language testimony should not have been used, and the jury was not properly instructed. See State v. Clements, ___ W.Va. ___, 334 S.E.2d 600, cert. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. In court, she testified that on February 17, she heard banging, a gunshot, and a woman's scream coming from the trailer. They have also lived in Morgantown, WV. 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. physician and asking clerks who answered to read explicit passages from Id., at ___, 336 S.E.2d at 916. Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's weapon, eyewitnesses, or physical evidence such as fingerprints, hair and 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. OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. Rehearing Denied November 8, 1990. Tyler County, West Virginia, USA. Saint Johnsbury, VT (05819) Today. 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. Huntington, West Virginia, is the capital of America's opioid epidemic. You already receive all suggested Justia Opinion Summary Newsletters. He won a $10 million landmark medical malpractice trial verdict in Monongalia County in Riggs v. West Virginia Univ. Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. The prosecution wanted to show that he had a split personality. 2d 319, 66 Cal. He was told that a woman had been calling, asking for him. call from a man she took to be Ferrell. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. Although Cathy has never been found, it is assumed that she is deceased. WMOT 89.5 - Nashville. After the game, the two took a walk through the WVU College of Law . Real Name: Paul William Ferrell Case: Appeal Location: Gormania, West Virginia Date: February 17, 1988 Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. He later told the searcher that she should search everywhere except Bismark and Cherry Ridge Roads. 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. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. Also Mr. Ferrell's landlord had not noticed any stain or odors in the trailer on 21 January 1988. Paul William Ferrell appeals his conviction before a jury of kidnapping, second degree murder and third degree arson. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. above Ferrell's Mart in Gormania, West Virginia. In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. William Ferrell is a 1978 graduate of Douglass-Huntington High School in Huntington, West Virginia. Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. [2] We dismiss the following assignments of error as not fairly raised: (IV.) 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 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. serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! 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. (XIX.) Some of the locations were just a few hundred yards from his trailer. exposure on Montel Williams and Unsolved Mysteries. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. The telephone there was a private one listed in the name of the defendant . (X.) [4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. West Virginia Waltz. 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 . As in the cases cited above, the State did not offer the phone call evidence to show that defendant was more likely to commit the crime of kidnapping. Currently, marriage records are available for the following counties and years. Links: Manage all your favorite fandoms in one place! Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. surrounding the vehicle. Atty., Petersburg, for State of W.Va. *835. The alleged magistrate said that he was conducting an investigation of someone she knew, and needed to question her at the Mt. The court said that "each challenged instruction of this general sort must be assessed in its particular context to determine whether by itself it so infected the trial that due process was denied." Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. A man then drove out in a light blue car. [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. The trial record is completely barren of any effort on the part of the State to make the threshold demonstration that the interpretation of body language has become recognized in the scientific community. books on sex. 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. Our cherished husband, father, grandfather, great grandfather, William "Bill" Ferrell, 92, was called home to his Heavenly Father, on Sunday June 21, 2015. State v. Ferrell (XI.) If any person, by force, threat, duress, fraud or enticement take, confine, conceal, or decoy, inveigle or entice away, or transport into or out of this State or within this State, or otherwise kidnap any other person, for the purpose or with the intent of taking, receiving, demanding or extorting from such person, or from any other person or persons, any ransom, money or other thing, or any concession or advantage of any sort, or for the purpose or with the intent of shielding or protecting himself or others from bodily harm or of evading capture or arrest after he or they have committed a crime, he shall be guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary for life, and he, notwithstanding the provisions of article twelve [ 62-12-1 et seq. Roger W. Tompkins, Atty. 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. 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. 19401. the found blood look like that of Ford's. As an initial matter, I do not believe the majority's characterization of the facts is accurate. Last Name. In short, both instructions do not misstate the law in any way that hurts the defendant. William Farrell b. Page 836 [184 W.Va. 125] Syllabus by the Court. Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. Listen to "West Virginia Waltz", from Sierra Ferrell's debut album 'Long Time Coming', out now. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) In each instance, the salesperson was asked to locate and to read certain passages over the telephone. Ferrell never testified on his own behalf. 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. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . 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. was a common name in the American regions of Virginia and North Carolina by the 1730s. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. body language. According to Ferrell's appellate attorney, this is the Id., at 395, 242 S.E.2d at 471. 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. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. At trial, He grew up here, went off to college, and returned home. None of the salespersons who testified were able to identify the defendant as the caller. 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. promised. [4] The Boston Women's Health Book Collective Staff. Despite numerous interrogations, the defendant made no confession. William P Farrell, 54. 1. His parole was granted in May 2004. This court will not reverse a conviction for harmless error. WHITE SULPHUR SPRINGS, W.Va. (AP) Winners of the 2021 Virginias Associated Press Broadcasters Awards were announced Saturday at the Awards Banquet and Annual Membership Meeting at The Greenbrier Resort in White Sulphur Springs, West Virginia. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. Ferrell believed that he was being accused of something. 19401. Cases Without a Body. (XVII.) 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. 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. 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. 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. In State v. Woodall, supra, we stated the general proposition that statistical probability evidence is admissible with respect to blood analysis evidence.[9]. However, the carrier's route did not take him to that area, so the employee hung up. I know of no court which has sanctioned such an approach. Approximately forty percent of the population. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. In light of the overwhelming evidence on the murder and arson charges we find no reversible error. [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. When adopted, it was identical to FRE 404(b). Charlene Reinhart 12/28/12. Because Cathy lived in Maryland and her car was found in West Virginia, police from both states investigated this case. There was no known blood sample from Cathy Ford which could be used for comparison. Mr. Ferrell also argues that he cannot be convicted of kidnapping if he is convicted of murder, because the kidnapping would be only incidental to the murder. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. According to him, she was crying and asking to see him. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). Farrell would later graduate from University of Notre Dame in 1994 . 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. They When he called the number, Cathy answered. He was afraid because Ms. Ford was last seen heading in the direction of Mt. Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. West Virginia University, +1 more Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. No objection was made at trial, so we find no reversible error in the challenged sentence. Ferrell became the focal point of the investigation. Storm Fire Hall sometime between 10:00 and 3:00. Posted in: [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. 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. [2] There was, for example, no evidence of any telephone calls made to libraries. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." James Ferrill -- War of 1812. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. There were many Ferrell patriots in the American Revolution, the rosters of the "Southern Campaigns of The American Revolution . 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. Kim claimed that "screaming and gunshots" were common in the area. paul william ferrell west virginia I cannot find this error to be harmless. Id., at 130. 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. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. 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. Evidence not mentioned in the segment appears to point to Ferrell's guilt. 3. 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. 2d 320 (1980), it undertakes no careful analysis of the rule. The calls were similar to those made earlier in which a man had directed young women to the Bayard-Wilson-Corona Road. 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." 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. 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. The region's first coal miners primarily were African Americans, both enslaved and free. In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. sexual reasons, his trial included circumstantial evidence that he had He admitted to making the calls but claimed that they had nothing to do with Cathy. [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. 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. [4] Some employees read some of it to him, and others would not. Rptr. (VII.) . 2d 320 (1980). ], chapter sixty-two of this Code, shall not be eligible for parole: provided, That the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall be eligible for parole in accordance with the provisions of said article twelve: Provided, however, That if the accused pleads guilty, the court may, in its discretion, provide that such person shall be eligible for parole in accordance with the provisions of said article twelve, and, if the court so provides, such person shall be eligible for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if such person had been found guilty by the verdict of a jury and the jury had recommended mercy: Provided further the person against whom the offense is committed is returned, or is permitted to return, alive, without bodily harm having been inflicted upon him, but after ransom, money or other thing, or any concession or advantage of any sort has been paid or yielded, the punishment shall be confinement in the penitentiary for any term of years not less than twenty: And provided further, That in all cases where the person against whom the offense is committed is returned, or is permitted to return, alive, without bodily harm having been inflicted upon him, but without ransom, money or other thing, or any concession or advantage of any sort having been paid or yielded, the punishment shall be confinement in the penitentiary for any term of years not less than ten.
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