paul william ferrell west virginia
Ms. Ford drove her Ford Bronco on route 50 into Grant County, and turned off at the Bismark Road. Ferril, Ferrel, et al.) Dissenting Opinion of Justice MILLER Dec. 19, 1990. Farrell, who died in 1989, is one of . promised. On Sunday, 21 February 1988, Ms. Bernard, before washing Paul Ferrell's clothes, found in a pocket a note that dealt with two people posing as a young couple and setting someone up by using a fake *839 identification card. On February 4, 1989, he was convicted of kidnapping, murder, and arson. 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. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. 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. reincarcerated for the crime in 1997. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. 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. 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. They have also lived in Morgantown, WV. Without such an initial showing, our cases are clear that the test results should not be admitted. (XI.) Ferrell never testified on his own behalf. He went into the woods near it to investigate. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. Our cherished husband, father, grandfather, great grandfather, William "Bill" Ferrell, 92, was called home to his Heavenly Father, on Sunday June 21, 2015. 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. Listen to "West Virginia Waltz", from Sierra Ferrell's debut album 'Long Time Coming', out now. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. The Gormania route, however, would not take the carrier to those roads. Two Co-eds go Missing January 18th, 1970. Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. There was insufficient evidence of malice being an essential element of second degree murder, and therefore, the verdict must be set aside. Officer Defendants, Murder 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?" 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. No objection was made at trial, so we find no reversible error in the challenged sentence. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. You're all set! 2d 320 (1980), it undertakes no careful analysis of the rule. July 29, 1922 - June 21, 2015. the prosecution purportedly engaged in mathematical wizardry which made The same distortion occurred in the statistical probability questions which are set out in note 8, supra. They found traces of blood on the floor, as well as on the wall and ceiling. West Virginia Governor Underwood exposure on Montel Williams and Unsolved Mysteries. 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. This case lacks even the circumstantial evidence that was present in State v. Hanna, supra, where the defendant's former live-in girlfriend had attempted to break off her relationship with the defendant and had begun dating another man. 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. 163 W.Va. at 515, 261 S.E.2d at 63. While the young woman was filling in, a man telephoned Viola Knotts, an elderly woman who lived across the street from the post office, and asked her to tell Rose Bosley to come and get her mail carrier whose car had broken down between Bismark and Cherry Ridge Road. Click a location below to find Carolyn more easily. 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. Because the area around it did not have much fire damage, some speculated that it had been burned elsewhere. Author. However, this was but a small part of a very long and complicated trial; although the court gave no cautionary instruction, the extensive cross-examination by defense counsel adequately pointed out to the jury the inconclusiveness of nodding during conversation. 1. On 20 March 1988, Paul Ferrell was arrested. 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. Atty., Petersburg, for State of W.Va. *835. The trial court's sequestration order was violated which should have resulted in a mistrial. 404(b). Ferrell's trial started on January 25, 1989. He attended Marshall College and was a member of the US Army Reserve from 1958 through 1964. [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.". (VII.) Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. All Cities (14) Roanoke (2) Broadway (1) Richmond (1) Chesapeake (1) Christiansbrg (1) Moneta (1) Salem (1) A Grant County magistrate is usually on duty at a satellite office in the Mt. 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. Saint Johnsbury, VT (05819) Today. 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. "A Approximately twenty-two percent of the population. (IX.) The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the The caller posed as various people, including a doctor, a magistrate, a police officer, and a passing motorist. Dana Ferrell (R - Kanawha, 060) CONTACT dana.ferrell@wvhouse.gov Capitol Office: Room 224E, Building 1 State Capitol Complex Charleston, WV 25305 Capitol Phone: (304) 340-3194 District: P.O. 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. There was no known blood sample from Cathy Ford which could be used for comparison. Upon an examination of the context in which the phrase "guilt or innocence of the accused" was used, and considering the purpose of the instruction in which that phrase is to be found, we find that there was no error. There have been a number of federal cases in which evidence of other bad acts has been admitted under FRE 404(b). Lat: 38 41' 41"N, Lon: 81 16' 10"W "Q What percent of the population has a combination of PGM 1 + 2 + and BA, or EAP of BA? There was no evidence, for example, that similar phone calls or, indeed, any type of obscene or harrassing phone calls were made to Cathy Ford or to any other women in the area. They found no trace of her body or any evidence that proved she had been there. share. Top 3 Results for Paul Ferrell in WV. Ms. Ford told her family and the restaurant employees to check identifications before selling beer, and then left the restaurant to meet with the alleged undercover officer. 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. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." Ferrell ( Republican Party) ran for re-election to the West Virginia House of Delegates to represent District 60. Id. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. 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. [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. 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. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. 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. History. 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. William Farrell b. Business Education, WVSU; M.A. . 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." It specified that she heard the sounds on February 17; she claims that she did not specify that day. 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. Date of Birth: April 17th, 1961 The most that could be said was that the blood was not inconsistent with that of Cathy's parents. 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. Tamela Kitzmiller testified that she thought the one who called her was Ferrell. The next day, Cathy's family and Darvin put up posters and organized search parties. He also said that smoke from some unexplained source had been spotted near it. Experts determined that the fire was deliberate arson. 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). A mix of clouds and sun. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. F.B.I. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. March 26, 2022. His current term ends on December 1, 2024. Farrell's opening remarks lasted about an hour and a half followed by an . The State charged the defendant, among other things, with abduction, an offense which requires proof of a sexual motivation. classification and properties of elementary particles Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. He was afraid because Ms. Ford was last seen heading in the direction of Mt. Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. 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. It must be recalled that the State's case here was entirely circumstantial. Amelia Ferrell Knisely said she had been warned to stop reporting on . Id. "Q. Id., at 1277. Private investigator and author Martin Yant helped expose the case by Gen., Richard M. Riffe, Sr. Asst. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. ___ W.Va. at ___, 399 S.E.2d at 837. The trial court erred by failing to conduct a proper Bamjoman [sic] hearing. Dissenting Opinion of Justice MILLER December 19, 1990. . [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." [3] That is the very result the rule seeks to prevent. 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. Rehearing Denied November 8, 1990. In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. 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. 3. According to him, she was crying and asking to see him. All of the recipients were attractive women between the ages of nineteen and thirty-nine. Ferrell was released pending an evidentiary hearing, but he was No. Ferrell saw Darvin twice that day; once outside the restaurant. Select this result to view Paul William Ferrell's phone number, address, and more. Some believed that the truck agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. Storm Fire Hall sometime between 10:00 and 3:00. She graduated from the West Virginia University College of Law in 1999. . 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. Supreme Court of Appeals of West Virginia. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. However, an FBI handwriting expert later proved in court that he did so. 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. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. He assumed office on December 1, 2022. . . He gave the first general formulation of the equations of motion for a body moving with respect to the rotating earth and . "Q What percent of the population has a Haptoglobin of 1? The only evidence introduced by the State in this regard was a series of telephone calls to bookstores, placed from the defendant's telephone, in which a male caller asked the salesperson to read selected portions of a book describing anal sex practices. In 1963, he and his brothers purchased the company, which serviced the coalfields and communities of southern West Virginia and surrounding areas.