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. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. . Research Farrell in the Surnames forums on Genealogy.com, the new GenForum! OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. Victims of the State, He won a $10 million landmark medical malpractice trial verdict in Monongalia County in Riggs v. West Virginia Univ. promised. Based on the evidence, he was arrested and charged with kidnapping, arson, and murder. agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. She also claimed that Maryland prosecutors pressured her to testify to what was written in the statement. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. 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. Ferrell saw Darvin twice that day; once outside the restaurant. has never been found and no one had ever seen her with Ferrell. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. She has a 1995 bachelor's degree in Journalism from West Virginia University. . about Cathy Ford's murder, he had observed signs of guilt in Ferrell's Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." trailer as well as on the walls and ceiling. He claimed that he waited there for twenty minutes, but she never showed up. Later, however, she stated she didn't know nothin' State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). . "Q What percent of the population has a Haptoglobin of 1? William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Farrell's became known for their offer of a free ice cream sundae to children on their birthday. He wrote that Ferrell's Decided July 24, 1990. The same distortion occurred in the statistical probability questions which are set out in note 8, supra. If you believe that information contained within this site is not correct, you are encouraged to contact the Registry at (304) 746-2133 . I know of no court which has sanctioned such an approach. 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. [3] The testimony was unclear on the exact contents of the letter and of the subsequent conversation between Cathy Bernard and Paul Ferrell. 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." (XI.) "Q So that would include both male and female? 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'". . After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. The next day, Cathy's family and Darvin put up posters and organized search parties. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. Our cherished husband, father, grandfather, great grandfather, William "Bill" Ferrell, 92, was called home to his Heavenly Father, on Sunday June 21, 2015. Supreme Court of Appeals of West Virginia. He was surrounded by his daughter and his Pastor. He grew up here, went off to college, and returned home. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. West Virginia University, +1 more First Name. The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. Volume 2 of History of West Virginia, Old and New: In One Volume, James Morton Callahan. [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 . Box 13757 Charleston, WV 25360 Dana Ferrell Biography. When he called the number, Cathy answered. 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. They also offered a reward for information. 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 Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. They noticed that she appeared to be nervous when she noticed them. 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. A witness, Tamela Kitzmiller, testified to having received an obscene phone The third result is Martha E Ferrell age 80+ in Gandeeville, WV. Mared Malarik and Karen Ferrell, both freshmen at West Virginia University, left the Metropolitan Theater in downtown Morgantown after seeing Oliver.The University did not extend transportation service to its residence halls, so most students at that time would usually hitchhike to and from the dorms. was burned elsewhere because there was no scorching on the vegetation Farrell Family in New Orleans. She later recanted her testimony, (XX.) 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. 19401. It is important to note that eyewitness sightings of missing persons have often been proven to be false. Atty. However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. 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. In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. 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. Date of Birth: April 17th, 1961 At trial, "Q. Some of the strongest evidence against Ferrell came from his neighbor, Kim Nelson, who could see his trailer from her home. Private investigator and author Martin Yant helped expose the case by rensselaer county police blotter 2020; Sndico Procurador . States in the 20th Century. Storm *838 Fire Hall on Wednesdays. burned truck 75 yards from Ford's trailer home. On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. 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. He married his high school sweetheart, Rebecca Ruth . After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. This court will not reverse a conviction for harmless error. Author. They found no trace of her body or any evidence that proved she had been there. 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. *851 The defendant does not challenge the scientific basis of the bloodstain and saliva analyses or of the DNA testing. In State v. Woodall, supra, we stated the general proposition that statistical probability evidence is admissible with respect to blood analysis evidence.[9]. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. share. This would render the evidence admissible under Rule 404(b) of the West Virginia Rules of Evidence. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. Rehearing Denied Nov. 8, 1990. Storm Fire Hall sometime between 10:00 and 3:00. She was never seen again. Click a location below to find Carolyn more easily. [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." William M Ferrell Birth 12 Oct 1837. When asked why they should not search those roads, Paul Ferrell explained that the evidence was on those roads. James Ferrill -- War of 1812. Reconnect with William Ferrell by joining our alumni site today. claiming that the prosecution convinced her to testify by telling her that Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. giving her testimony, Kitzmiller says she waited for prosecutors to produce Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. According to him, they had been engaged in an on-again, off-again affair since fall 1987. first time, ever, in the history of American criminal jurisprudence, that On 23 February 1988, Paul Ferrell had withdrawn two hundred dollars from his personal savings account. 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. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. If the jury were told only that the defendant had material concerning anal sex read to him, the imaginations of the jurors might roam to envisage texts far more scandalous than the relatively clinical text involved here. Id., at ___, 336 S.E.2d at 916. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. 19401. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. History of West Virginia, Old and New, James Morton Callahan. mick tucker death; when is the route 40 yard sale 2021 We found public records for William Ferrell in VA. . (XVI.) 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?" In sum, then, I do not believe that this evidence was admissible as an exception to the general rule prohibiting the introduction of evidence of other crimes or wrongs. 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. Mr. Ferrell was not lying when he said the evidence was on those roads. Some of the locations were just a few hundred yards from his trailer. Approximately thirty-two percent of the population. [5] Note 2 of the majority opinion states that this issue was not fairly raised. Last Name. Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. William "Bill" Ferrell. In State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985), this Court held that *844 one limit that must be placed on the broad scope of the kidnapping statute is that, "a kidnapping has not been committed when it is incidental to another crime." 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. 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. tour dates. disappearance she heard banging, a gunshot, and a woman's scream coming [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." 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. Cathy Ford's body was never found. He admitted to making the calls but claimed that they had nothing to do with Cathy. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. 2d 320 (1980), it undertakes no careful analysis of the rule. Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! fibers. The commutation made Ferrell eligible for parole which he was telephoned bookstores and libraries throughout the country posing as a [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. A few days after that, he sent the anonymous letter to the restaurant. West Virginia Governor Underwood (XII.) In each instance, the salesperson was asked to locate and to read certain passages over the telephone. Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. A Grant County magistrate is usually on duty at a satellite office in the Mt. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. When adopted, it was identical to FRE 404(b). About a week after Cathy vanished, Ferrell told a volunteer searcher that she call off the search for 48 hours because police found "solid evidence". On March 19, FBI agents tore up a newly laid carpet in his master bedroom. The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. Kim Nelson lived in the trailer nearest Mr. Ferrell's trailer on the same driveway off of the Bismark Road, but did not know Paul Ferrell. Listen to "West Virginia Waltz", from Sierra Ferrell's debut album 'Long Time Coming', out now. He was the same age with Brian De Palma and William Finley when they made Phantom of the Paradise (1974). However, the carrier's route did not take him to that area, so the employee hung up. It was smoked by someone with a blood type not inconsistent with her parents. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). History. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . Some believed that the truck proof of Ferrell's involvement in the Yellowstone murders, as they had 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. Tamela Kitzmiller testified that she thought the one who called her was Ferrell. 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. State v. Brumfield, ___ W.Va. ___, 358 S.E.2d 801 (1987). Family, friend, or fan, this family history biography is for you to remember Paul A Ferrell. City State. Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." Ferrell never testified on his own behalf. What percent of the population has a genetic marker of PGM 1 + 2 +? I am authorized to state that Justice McHUGH joins me in this dissent. [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. Ferrell continues to maintain his innocence. One employee testified that she heard heavier breathing as the conversation went on, and said "[i]t was like the *841 anticipation of hearing." 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. 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. At the time, Farrell was considering which law school he would attend. Another person whom the "doctor" called testified that the caller noticed when the employee missed a paragraph on page 177, and asked if she would go back and read it. He later told the searcher that she should search everywhere except Bismark and Cherry Ridge Roads. He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. 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. Kim claimed that "screaming and gunshots" were common in the area. 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. [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. about Paul Ferrell killin' anybody, and that she had not heard anything out Although Cathy has never been found, it is assumed that she is deceased. STATE of West Virginia v. Paul William FERRELL. Page 836 [184 W.Va. 125] Syllabus by the Court. . On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. However, she refused to tell her coworkers about the reason behind the call. Storm, in Grant County, West Virginia. 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. 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. I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. [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. A man then drove out in a light blue car. 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 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. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. 2d 319, 66 Cal. (emphasis added), (VIII.) Mared Malarik and Karen Ferrell were both . ], 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. [1] The appellant was sentenced to life imprisonment with mercy for kidnapping, five to eighteen years for second degree murder and one to three years for third degree arson. Fire and rust destroyed any fingerprints that may have been on the car. Home; Trees; Search; DNA; Explore; Help; . 150 (1954). from Ferrell's trailer. All sentences were to run consecutively. "Q What percent of the population has a combination of PGM 1 + 2 + and BA, or EAP of BA? At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. He was born on July 3, 1925, at Sharon, WV, (Cabin Creek) to William Jesse Ferrell and Bertha Alice Hatfield Ferrell. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. 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. Ferrell believed that he was being accused of something. 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. 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.
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