They are certain that she would have contacted them at some point. 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. Despite numerous interrogations, the defendant made no confession. George Ferrell (b. Kim Nelson, a neighbor of Ferrell, testified that on the day of Ford's Atty., Petersburg, for State of W.Va. *835. After giving specific instructions that went on for twenty-three pages of trial transcript, the court began to give its "standard" or "general" charge to the jury. 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. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." Evidence not mentioned in the segment appears to point to Ferrell's guilt. 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. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 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. Case: Appeal 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. above Ferrell's Mart in Gormania, West Virginia. body language. According to Ferrell's appellate attorney, this is the The trial court's sequestration order was violated which should have resulted in a mistrial. weapon, eyewitnesses, or physical evidence such as fingerprints, hair and 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. 19401. 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. 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. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. Also Mr. Ferrell's landlord had not noticed any stain or odors in the trailer on 21 January 1988. [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. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). [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.". 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. "Q. Research Farrell in the Surnames forums on Genealogy.com, the new GenForum! 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 . claiming that the prosecution convinced her to testify by telling her that 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". Victims of the State, ___ W.Va. at ___, 378 S.E.2d at 647. Also, a cigarette butt of the type smoked by Ms. Ford was found. It specified that she heard the sounds on February 17; she claims that she did not specify that day. In court, she testified that on February 17, she heard banging, a gunshot, and a woman's scream coming from the trailer. She ultimately concluded that they would occur in approximately.75 percent of the population.[8]. 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. In addition, defendant did not object to the charge when given. 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. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. 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. Storm *838 Fire Hall on Wednesdays. 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. 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. However, when a test is novel or not generally accepted, that circumstance alone meets the threshold requirement of rebutting any presumption of admissibility under Rule 702 and, therefore, with regard to tests that are not generally accepted the burden of proof that the test is reliable remains on the proponent.". To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. He grew up here, went off to college, and returned home. [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." A witness described the robbers as a white woman and a black man who left the scene in a yellow car. Farrell would later graduate from University of Notre Dame in 1994 . I cannot find this error to be harmless. Paul was named West Virginia Trial Lawyers Association Member of the Year (2002) and is the Past President of the West Virginia Association for Justice (2011-2012). Find information on William Ferrell in VA. Browse our directory to see mobile phone numbers, previous & current house addresses, email addresses, and much more. Laboratory tests showed the In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. 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. What percentage of the population has a blood type A and are secretors? 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. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. disappearance she heard banging, a gunshot, and a woman's scream coming The telephone there was a private one listed in the name of the defendant . 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. blood to be that of a woman, but DNA tests could not match the blood to Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. The trial court erred in admitting into evidence hearsay testimony as to what the alleged victim said prior to her departure from her family owned restaurant. ___ W.Va. at ___, 399 S.E.2d at 841. Short-term and long-term effects to retiree and non-state coverage is unknown. Decided July 24, 1990. The State contends that the evidence of the phone calls was probative because it established motive, intent, and common plan or scheme, and that the evidence was essential to prove the charge of kidnapping. Dissenting Opinion of Justice MILLER December 19, 1990. Her body [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. They also offered a reward for information. Educator, Business Owner, Developer Born April 17, 1961, in Charleston, West Virginia Parents David and Pauline Ferrell Spouse Tracy Ferrell Children Brooks Ferrell and Danica Ferrell Education A.A.S Business Management and Marketing, WVSU; B.S. 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). Tyler County, West Virginia, USA. The State charged the defendant, among other things, with abduction, an offense which requires proof of a sexual motivation. 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. 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). Some time after Ford's disappearance, her boyfriend . None of the salespersons who testified were able to identify the defendant as the caller. Date: February 17, 1988. denied, 466 U.S. 976, 104 S. Ct. 2355, 80 L. Ed. Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! Ferrell's trial started on January 25, 1989. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. 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. [4] Some employees read some of it to him, and others would not. Skip Ancestry main menu Main Menu. 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. reincarcerated for the crime in 1997. (It was stipulated that a letter mailed from Uniontown would be postmarked Pittsburgh.) 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 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. At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. 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. 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. His current term ends on December 1, 2024. Home; Trees; Search; DNA; Explore; Help; . She also claimed that prior to the trial she signed a statement typed up by prosecutors without reading it. First Name. Last Name. However, after the trial, she claimed that "words were put in her mouth". A Grant County magistrate is usually on duty at a satellite office in the Mt. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. Users can search the records and view scanned images of the original records. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. (XI.) Based on the evidence, he was arrested and charged with kidnapping, arson, and murder. 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. Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. You can explore additional available newsletters here. Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. 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. Publisher. 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. 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.