(VII.) Storm *838 Fire Hall on Wednesdays. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. Mr. Ferrell was not lying when he said the evidence was on those roads. the prosecution purportedly engaged in mathematical wizardry which made Fire and rust destroyed any fingerprints that may have been on the car. SUBMITTED PHOTO. The telephone there was a private one listed in the name of the defendant . Without such an initial showing, our cases are clear that the test results should not be admitted. He attended Marshall College and was a member of the US Army Reserve from 1958 through 1964. Death . On March 19, FBI agents tore up a newly laid carpet in his master bedroom. 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. In State v. Woodall, supra, we stated the general proposition that statistical probability evidence is admissible with respect to blood analysis evidence.[9]. Date of Birth: April 17th, 1961 As a resale marketplace, prices may be above face value Concerts Festivals Country Pop/Rock Hip Hop. Kim claimed that "screaming and gunshots" were common in the area. Real Name: Paul William Ferrell Because Cathy lived in Maryland and her car was found in West Virginia, police from both states investigated this case. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. 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. In short, both instructions do not misstate the law in any way that hurts the defendant. Yet, this was the very premise on which the State built its case. On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. His parents owned a general store; after . July 29, 1922 - June 21, 2015. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. Definition of Ferrell in the Definitions.net dictionary. 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. You already receive all suggested Justia Opinion Summary Newsletters. He continues to maintain that he is innocent. (X.) I believe a similar flaw underlies the testimony of Agent Lynch in this case. The parents' blood was analyzed for the same markers as if they had come from a common source. FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. 2. 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. 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. Ferrell was released pending an evidentiary hearing, but he was [5] Note 2 of the majority opinion states that this issue was not fairly raised. Paul Ferrell then told Ms. Moreland, regarding the search scheduled for the following day, to search any place except the Bismark and the Cherry Ridge Roads. Paul William FERRELL. Rptr. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. Id., at 395, 242 S.E.2d at 471. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. FBI agents found traces of blood under a newly laid carpet in Ferrell's serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. Farrell's became known for their offer of a free ice cream sundae to children on their birthday. [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. 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. 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. They noticed that she appeared to be nervous when she noticed them. Saint Johnsbury, VT (05819) Today. 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. She was never seen again. 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. Traces of saliva found on the filter demonstrated that the smoker had been a Type A secretor. 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. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. Lat: 38 43' 54"N, Lon: 81 16' 02"W Users can search the records and view scanned images of the original records. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. Although Cathy has never been found, it is assumed that she is deceased. Some time 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". ___ W.Va. at ___, 399 S.E.2d at 841. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. [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." He married his high school sweetheart, Rebecca Ruth . . Id. 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'". The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. However, she refused to tell her coworkers about the reason behind the call. Officer Defendants, Murder Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! ___ W.Va. at ___, 378 S.E.2d at 647. Later, however, she stated she didn't know nothin' (V.) The trial court erred in permitting F.B.I. Top 3 Results for Paul Ferrell in WV. When he called the number, Cathy answered. granted in May 2004. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. Cathy Ford's body was never found. Exhibit Q 134, a wooden brace which ran from the bottom of the defendant's trailer to the ground, was found to contain the PGM type 1 + 2 + marker as well as an enzyme, erythrocyte acid phosphatase (EAP type BA). 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. Id., at 1277. The third result is Martha E Ferrell age 80+ in Gandeeville, WV. They were the parents of at least 3 sons and 2 daughters. "The only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . Ferrell will be eligible for parole in 2002. In fact, the phone calls do not show that defendant's character made him more likely to kidnap someone. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Dissenting Opinion of Justice MILLER December 19, 1990. 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." Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. William P Farrell, 54. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. . The prosecution wanted to show that he had a split personality. The same distortion occurred in the statistical probability questions which are set out in note 8, supra. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. Decided July 24, 1990. All Cities (14) Roanoke (2) Broadway (1) Richmond (1) Chesapeake (1) Christiansbrg (1) Moneta (1) Salem (1) An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. 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. The party seeking to impeach blood test evidence is free to cross-examine the proponent's experts and offer experts of his own to discredit the conduct of the tests and the underlying statistical probabilities.". Explore historical records and family tree profiles about Paul Ferrell on MyHeritage, the world's family history network. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. (XIX.) However, fearing that her body was inside, he did not tell anyone about it. . 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. 570, 783 P.2d 531 (1989), review allowed, 309 Or. publishing a story about it in a magazine. 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). The information accessed through the use of this website may not be used to threaten, intimidate or harass registered sex offenders and violations of law will be investigated by the West Virginia State Police. 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. Even if I could conceive of it, I would reject such body language interpretation for the same reason that we rejected the lie detector as appropriate evidence in State v. Frazier, 162 W.Va. 602, 252 S.E.2d 39 (1979), and the horizontal gaze nystagmus test in State v. Barker, ___ W.Va. ___, 366 S.E.2d 642 (1988). Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. She claimed that investigators told her that they knew he was the caller and that they could prove it. James Morton Callahan. Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. Id. 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. On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. Cathy Bernard's testimony on this matter was offered to link Paul Ferrell to the telephone call to Cathy Ford concerning a liquor investigation of her family's restaurant. Updated: September 26, 2013 2d 320 (1980), it undertakes no careful analysis of the rule. 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. Mr. Farrell is co-lead of MDL2804, National Prescription Opiate Litigation, and represents 700+ communities across the United States in the largest and most complex case in history. 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. Two Co-eds go Missing January 18th, 1970. An FBI agent testified that while giving Ferrell a hypothetical scenario According to him, they spent most of the time talking about work and their families. 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. State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). 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 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. [5] I believe resolution of this question demonstrates further the majority's *850 disregard of the law in order to reach a desired result. 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. Special Education, Marshall University Affiliations Aldersgate UMC PPRC Committee Chair; Poca Valley Bank Advisory . Box 13757 Charleston, WV 25360 Dana Ferrell Biography. It specified that she heard the sounds on February 17; she claims that she did not specify that day. She later recanted her testimony, He wrote that Ferrell's Attorneys Paul Farrell (right) and Bob Fitzsimmons, who represented West Virginia's counties and cities in their civil lawsuit against the Big Three opioid distributors, discuss Monday morning . I am authorized to state that Justice McHUGH joins me in this dissent. Some of the locations were just a few hundred yards from his trailer. 2d 137 (1985). Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. 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. The caller posed as various people, including a doctor, a magistrate, a police officer, and a passing motorist. Check back often as we continue to add more. Ms. Ford drove her Ford Bronco on route 50 into Grant County, and turned off at the Bismark Road. Bedford [now Fulton] County, Pennsylvania, 29 January 1817; d. Maywood, Kansas, 18 September 1891) mathematical geophysics. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. The trial court's sequestration order was violated which should have resulted in a mistrial. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. His father, Paul Hamilton Williams, died in a car crash when Paul was 13-years-old. The majority, however, was undoubtedly not concerned with this point because it intended to conclude that the error was harmless, a result which borders on the absurd. The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano.