[4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. 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. In court, she testified that on February 17, she heard banging, a gunshot, and a woman's scream coming from the trailer. The samples proved to be those of a woman. 150 (1954). serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. She later recanted her testimony, Title. Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 Delbarton . Author. William Ferrell, who landed in Washington County . 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. Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. Because Cathy lived in Maryland and her car was found in West Virginia, police from both states investigated this case. Supreme Court of Appeals of West Virginia. [3] That is the very result the rule seeks to prevent. physician and asking clerks who answered to read explicit passages from 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. Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. Reconnect with William Ferrell by joining our alumni site today. 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. She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. Listen to 'Long Time Coming': https://found.ee . First Name. [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.". Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. On 18 February 1988, Mr. Ferrell ripped out and burned the carpeting from the master bedroom of his trailer (mobile home), replacing it with new carpeting on the following day. 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. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. books on sex. how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. Users can search the records and view scanned images of the original records. 19401. 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. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . He was born exactly one day before his Phantom of the Paradise (1974) co-star William Finley . He also said that smoke from some unexplained source had been spotted near it. In addition, defendant did not object to the charge when given. This Court has recognized that the results of properly conducted and generally recognized blood tests are admissible at trial if they are relevant to some issue. about Paul Ferrell killin' anybody, and that she had not heard anything out Box 13757 Charleston, WV 25360 Dana Ferrell Biography. He claimed that he waited there for twenty minutes, but she never showed up. As the trial progressed, the prosecution introduced rather "unorthodox" testimony. Ms. Moreland was unable to reach enough people to call off the search, and when Paul Ferrell called back later in the evening to ask if she had been able to call off the search, she told Mr. Ferrell that she had not been able to do so. After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. In these calls, he posed as either a doctor, police officer, or a magistrate. According to him, they spent most of the time talking about work and their families. Judge Williams was an associate attorney at the law firm of Bowles Rice McDavid Graff & Love from 1991 to 1993, before . reincarcerated for the crime in 1997. The telephone there was a private one listed in the name of the defendant . See State v. Weaver, ___ W.Va. ___, 382 S.E.2d 327 (1989); Bennett v. 3 C Coal Co., ___ W.Va. ___, 379 S.E.2d 388 (1989). "A Approximately twenty-two percent of the population. 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. An analogous situation arose in State v. Walters, 99 Or.App. classification and properties of elementary particles Tamela Kitzmiller testified that she thought the one who called her was Ferrell. Gen., Atty. 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. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. Despite numerous interrogations, the defendant made no confession. Instead, the defendant challenges the conclusions of Agent Lynch, asserting that it was error to allow her to testify, in effect, that the bloodstains found at the defendant's trailer could have come from Cathy Ford based on her analysis of the victim's parents' blood and to offer statistical analysis as to the percentage of the population with the same genetic markers revealed by the analysis. The parents' blood was analyzed for the same markers as if they had come from a common source. In January 1988, he became a deputy sheriff in Grant County, West Virginia. However, the carrier's route did not take him to that area, so the employee hung up. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. He directed them to go to locations near where he lived. By 1850, approximately half of Kanawha County's slaves worked in the salt industrymany mined coal to fuel the furnaces. They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. 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. Her body has never been found and no one had ever seen her with Ferrell. I am authorized to state that Justice McHUGH joins me in this dissent. 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. She was never seen again. Fire and rust destroyed any fingerprints that may have been on the car. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . Mr. Ferrell then went into the truck bay area of the fire hall, where a phone available to the public was located, remained there a while and then left. Lived In Portsmouth RI, Alexandria VA, Miami FL, Arlington VA. Related To Margaret Farrell, Ml Farrell, Katherine Farrell, John Farrell, Joan Farrell. 521, 789 P.2d 1386 (1990), in which the defendant was tried on charges of attempted kidnapping and attempted sexual assault after approaching a thirteen-year-old girl and offering her money to enter his vehicle to help him search for a lost dog. [2] There was, for example, no evidence of any telephone calls made to libraries. Sign up for our free summaries and get the latest delivered directly to you. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. 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. 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. Id., at ___, 378 S.E.2d at 646 n. 7. Dissenting Opinion of Justice MILLER December 19, 1990. . others, and might be stained by blood from a variety of sources. 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. His current term ends on December 1, 2024. Mr. Ferrell claims that there was insufficient evidence to convict him of kidnapping. . Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. 2. Experts determined that the fire was deliberate arson. Id., at 395, 242 S.E.2d at 471. The most that could be said was that the blood was not inconsistent with that of Cathy's parents. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. However, prosecutor Dennis DiBenedetto stated that they did not force any witnesses to testify or perjure themselves on the stand. denied, 474 U.S. 857, 106 S. Ct. 165, 88 L. Ed. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. 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. We found public records for William Ferrell in VA. . Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. 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. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. This Court held that because there was ample evidence of the sexual relationship, the evidence concerning oral sex had no probative value whatsoever on the issue of whether defendant had plotted with his mistress to murder his wife. July 29, 1922 - June 21, 2015. Id. They continued until the time Cathy vanished. "Q What percent of the population has a combination of PGM 1 + 2 + and BA, or EAP of BA? (XX.) Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! The same distortion occurred in the statistical probability questions which are set out in note 8, supra. 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. 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. "Q So that would include both male and female? 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. He was born on July 3, 1925 at Sharon, WV to the late William Jesse Ferrell Sr. (1899-1977) and Bertha Alice Hatfield-Ferrell (1905-2001). When adopted, it was identical to FRE 404(b). publishing a story about it in a magazine. Dissenting Opinion of Justice MILLER Dec. 19, 1990. 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 . 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." 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 . first time, ever, in the history of American criminal jurisprudence, that At most, the evidence demonstrated to the jury that the defendant had a propensity to commit the crimes charges because he is a "bad" man. Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . She claimed that investigators told her that they knew he was the caller and that they could prove it. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. Real Name: Paul William Ferrell A mix of clouds and sun. 404(b). The parlors had an early 1900s theme, with employees wearing period dress and straw boater hats, and each location featured a player piano. Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . Officer Defendants, Murder He was born on July 3, 1925, at Sharon, WV, (Cabin Creek) to William Jesse Ferrell and Bertha Alice Hatfield Ferrell. Unsolved Mysteries, Discover life events, stories and photos about Paul William Johnson (1914-1969) of West Virginia, United States. Id., at ___, 336 S.E.2d at 916. "A. [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. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. Ferrell. "Q Agent Lynch, what percent of the population has a PGM of 1 + 2 +, an EAP of BA, and an HP of 1? Ferrell claimed that he and Cathy were more friends than lovers. [9] In Woodall, ___ W.Va. at ___, 385 S.E.2d at 261-62, we stated: "Blood type and enzyme tests have general scientific acceptance, and the distribution of particular blood traits in the population is ascertainable. She also claimed that prior to the trial she signed a statement typed up by prosecutors without reading it. F.B.I. was a common name in the American regions of Virginia and North Carolina by the 1730s. Some time Ferrell Cemetery Roane Co. WV Located Vicars - approximately 1/2 mile west of Vicars Post Office, off of Flat Fork, just below Harmony - Harper District Source ---- Roane County, West Virginia Cemeteries - 1983 Read by -- Carol Fouty -- 08 Nov 1980 Anderson, Judy Ann 1951-1967 Asbury, Clifford "Jake" 1926-1962 s/o Ella Asbury Cunningham Booth . Rehearing Denied November 8, 1990. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. (IX.) (XVI.) 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. E.g., State v. Hanna, supra. after Ford's disappearance, her boyfriend, Darvin Moon, discovered her badly [8] The trial court was careful to prevent any testimony regarding the polygraph test itself. (X.) We find there to be no reversible error in the trial court's exercise of discretion regarding the book. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. After the game, the two took a walk through the WVU College of Law . 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. Another woman who received a strange invitation that same day was Rose Bosley, a part-time postmistress in Gormania who usually worked on Saturdays. Male 31 December 1914-16 May 1969 GMDJ . Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. 2d 320 (1980), it undertakes no careful analysis of the rule. agent William Scobie to testify without proper qualifications and an adequate foundation that based upon the blood found at the alleged crime scene that a violent act had to have occurred. 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. Ms. Ford drove her Ford Bronco on route 50 into Grant County, and turned off at the Bismark Road. [4] Some employees read some of it to him, and others would not. Thirty-seven news organizations in Virginia and West Virginia submitted 587 entries . OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. There is nothing in the record to indicate that other women in the area had been abducted for sexual purposes during the period in which the telephone calls to the bookstore were made or that the defendant had ever attempted to coerce anyone to engage in the sexual practices described in the phone calls. The region's first coal miners primarily were African Americans, both enslaved and free. States in the 20th Century. According to investigators, the women had one thing in common: they all knew Ferrell. She graduated from the West Virginia University College of Law in 1999. . [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. tour dates. Mr. George Ferrell, (b. West Virginia University, +1 more 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. View William Farrell results in Virginia (VA) including current phone number, address, relatives, background check report, and property record with Whitepages. "The only real debate here is the number," Farrell said, noting that earlier in the trial, a witness for the defense had evaluated that . On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. However, the issue was clearly raised by motion in limine prior to trial. Death . 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. You're all set! Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. A witness, Tamela Kitzmiller, testified to having received an obscene phone In addition, a cigarette butt of the brand smoked by Cathy Ford found in a corner of the defendant's living room was tested. (XVIII.) ___ W.Va. at ___, 399 S.E.2d at 841. promised. There was no affirmative evidence of a sexual relationship between the defendant and the victim, and the medical examiner was unable to determine if she had been sexually assaulted due to the decomposition of the body. 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. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell.