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Currently, marriage records are available for the following counties and years. Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. [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." 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.". He was surrounded by his daughter and his Pastor. 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. Paul Ferrell manifested an obsession with Cathy Ford's disappearance. from Ferrell's trailer. I am authorized to state that Justice McHUGH joins me in this dissent. An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. Laboratory tests showed the Later that day, a man claiming to be an undercover officer called Ms. Ford with information concerning a possible investigation of her family's restaurant by the liquor licensing authorities. Roger W. Tompkins, Atty. Research Farrell in the Surnames forums on Genealogy.com, the new GenForum! In Woodall, however, we also recognized the dangers inherent in the use of statistical evidence based on blood tests where the premise on which such evidence rests is faulty: "In the celebrated case People v. Collins, 68 Cal. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 150 (1954). Victims of the State, 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. Kim claimed that "screaming and gunshots" were common in the area. STATE of West Virginia v. Paul William FERRELL. 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. Business Education, WVSU; M.A. Ferril, Ferrel, et al.) Also Mr. Ferrell's landlord had not noticed any stain or odors in the trailer on 21 January 1988. No. As an initial matter, I do not believe the majority's characterization of the facts is accurate. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. "A. "A. (XI.) Finally, on March 8, almost three weeks after she vanished, it was rediscovered by Darvin and her brother, Rich. Meaning of Ferrell. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. Id., at ___, 378 S.E.2d at 646 n. 7. Tyler County, West Virginia, USA. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. To outward appearances, he seemed to be settling down; he was in a serious relationship with Cathy Bernard, a local woman with two children. Lived In Portsmouth RI, Alexandria VA, Miami FL, Arlington VA. Related To Margaret Farrell, Ml Farrell, Katherine Farrell, John Farrell, Joan Farrell. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. Agent Lynch testified that the offspring of these two people would have to carry the Hp type 1 marker and that the other test results were not inconsistent with the characteristics that might be found in the blood of such offspring. Ferrell believed that he was being accused of something. [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. His parole was granted in May 2004. Darvin said that she had been seen the previous day on Bismarck Road near Ferrell's trailer. 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. Location: Gormania, West Virginia 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. 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. These calls, when considered in conjunction with the calls to local women, are probative, because they tend to prove that Mr. Ferrell used fraud to entice Cathy Ford to the area of his mobile home for the purpose of obtaining some sexual concession or advantage. When police searched Cathy's trailer, along with the blood, a cigarette butt of the type she smoked was found. 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. Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. The prosecution conjectured that 1 in 10 cars is yellow, and that 1 in 1,000 couples inter-racial. Cathy Ford's body was never found. In addition, a cigarette butt of the brand smoked by Cathy Ford found in a corner of the defendant's living room was tested. WMOT 89.5 - Nashville. 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. William Bernard Hacker, who was convicted of murder in West Virginia, was a man who some suspected of being involved in the coed murders. 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. Filter by City. Id.[5]. He watched the calamity unfold . They presented evidence that on over 200 occasions, he called bookstores and libraries in several cities, pretending to be a doctor. Farrell's became known for their offer of a free ice cream sundae to children on their birthday. On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. Two Co-eds go Missing January 18th, 1970. Ferrell Cemetery Spencer, Roane County, West Virginia. , West Virginia, USA; Burial Details Unknown . The 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. . 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. They also offered a reward for information. 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. [G. Lilly, An Introduction to the Law of Evidence 496] at 499-504 [(1987)]. When adopted, it was identical to FRE 404(b). Also, a cigarette butt of the type smoked by Ms. Ford was found. how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. Last Name. When asked why they should not search those roads, Paul Ferrell explained that the evidence was on those roads. told me that he was a sicko, and that he needed to be put away. After this kind of evidence has been allowed to go to a jury. about Paul Ferrell killin' anybody, and that she had not heard anything out 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". Check back often as we continue to add more. Sometime between 10:30 and 11:00 on Wednesday, 17 February 1988 (the day the victim disappeared), the magistrate and her assistant observed Mr. Ferrell using the public pay phone outside of the office. Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. Outlook: Big names are all over this bracket, led by returning champions Adrian DeJesus and Anthony Knox, who went back-to-back last year as freshman at 106 and 113 pounds respectively. Paul A Ferrell of Fayette County, West Virginia United States was born c. 1928. (XVI.) 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. 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. 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 . Male 31 December 1914-16 May 1969 GMDJ . Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. Cathy Ford's mother had Type A blood with the following genetic markers: PGM type 1 +; EAP type BA; Hp type 1. The alleged magistrate said that he was conducting an investigation of someone she knew, and needed to question her at the Mt. disappearance she heard banging, a gunshot, and a woman's scream coming Listen to 'Long Time Coming': https://found.ee . Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. STATE of West Virginia Tamela Kitzmiller testified that she thought the one who called her was Ferrell. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! 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. James Morton Callahan. No witness ever saw the defendant with her. He later told the searcher that she should search everywhere except Bismark and Cherry Ridge Roads. share. A few days after that, he sent the anonymous letter to the restaurant. paul william ferrell west virginia William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. We therefore agree with the circuit court that the evidence is more probative than prejudicial; it tends to prove that Paul Ferrell enticed Ms. Ford to the area near his mobile home for the purpose of obtaining some concession or advantage from her. The defendant became enraged, broke into the man's house, and took the girl with him against her will. 1881), American politician, Member of West Virginia State House of Delegates from Berkeley County, 1881 . He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States. I believe a similar flaw underlies the testimony of Agent Lynch in this case. Thus, when Agent Curtis, cloaked with the expertise of an F.B.I. Unsolved Mysteries Wiki is a FANDOM TV Community. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. First Name. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. You can explore additional available newsletters here. 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. 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. serologist as to the analysis of bloodstains found at the defendant's residence, relegating this issue to a footnote. State v. Brumfield, ___ W.Va. ___, 358 S.E.2d 801 (1987). To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. others, and might be stained by blood from a variety of sources. 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. She claimed that investigators told her that they knew he was the caller and that they could prove it. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. Ferrell saw Darvin twice that day; once outside the restaurant. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. Although she wanted to see him at his trailer, they agreed to meet at the high school parking lot. History of West Virginia, Old and New, Volume 2. (XX.) FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. Ferrell had been involved in a series of murders in Yellowstone Park. He went into the woods near it to investigate. Mr. Ferrell discouraged a search of the area when Ms. Ford's Bronco was located; he wrote a letter to Ms. Ford's parents; he asked his girlfriend to make calls to indicate to Ms. Ford's family that she was all right; and he regularly used telephone impersonations to attempt to entice young women to meet him in secluded areas. Mr. George Ferrell, (b. ___ W.Va. at ___, 399 S.E.2d at 837. Her body Saint Johnsbury, VT (05819) Today. burned truck 75 yards from Ford's trailer home. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. Just as the general kidnapping statute, W.Va.Code, 61-2-14a [1965], does not require force, neither does it require transportation or confinement of the victim.[7]. She was never seen again. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. 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. Ferrell's trial started on January 25, 1989. 1882), aged 21, Cornish blacksmith travelling aboard the ship "St Paul" arriving at Ellis Island, New York on 16th . He claimed that it had stains and a foul odor. State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). . Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. Moreover, one can only assume that the majority's reference to "[in]voluntary providers of sexual gratification" is intended to describe the salespersons who took the telephone calls at the bookstores. 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. 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. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . It was smoked by someone with a blood type not inconsistent with her parents. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." At 1pm, she received a phone call; the caller claimed to be a magistrate and said that the sheriff's department was cracking down on bars and restaurants about selling alcohol to minors. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. Contrary to the majority's assertion, none of the women who had received telephone calls similar to those received by Cathy Ford on the day she disappeared could positively identify the defendant as the caller. rensselaer county police blotter 2020; Sndico Procurador . Id. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. In Miller, the facts showed that the defendant forced the victim to travel a not inconsequential distance, confined her behind a locked gate for a substantial period under threat of physical harm, before committing the separate offense of sexual assault. West Virginia Cases, Police In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. Ferrell was released pending an evidentiary hearing, but he was His parents owned a general store; after serving in the military, he came home to help run it. Certified copies of these records are available only from the issuing county or the West Virginia Vital Registration Office. She also claimed that she was told that he was connected to a series of murders in Yellowstone Park, where he once worked. 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. Carolyn Ferrell in West Virginia 27 people named Carolyn Ferrell found in Charleston, Huntington-Ashland and 6 other cities. The defendant was charged and convicted under W.Va.Code, 61-2-14a [1965], the general kidnapping statute.[6]. A bloodstain on a paper towel taken from a trash bin in the defendant's living room or kitchen exhibited the serum protein haptoglobin (Hp type 1). She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. [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." At trial, agent, offered his opinion that the defendant had impliedly acknowledged his guilt, his testimony undoubtedly carried substantial weight with the jury. However, she later stated that she wasn't sure if it was him. As I have already remarked, there was simply no evidence to connect the telephone calls to the bookstores with the kidnapping of Cathy Ford. There are situations where an offense that would technically constitute kidnapping under our broadly worded statute cannot be considered a separate offense. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. However, David Ferrell, defendant's brother, told Ms. Bernard that he knew nothing about that, and that if Paul had had an affair with Ms. Ford, he would have known something. Delbarton . 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. See also State v. Banjoman, ___ W.Va. ___, 359 S.E.2d 331 (1987); State v. Thompson, ___ W.Va. ___, 342 S.E.2d 268 (1986); State v. Tanner, ___ W.Va. ___, 301 S.E.2d 160 (1982); State v. Church, 168 W.Va. 408, 284 S.E.2d 897 (1981); State v. Haverty, 165 W.Va. 164, 267 S.E.2d 727 (1980). A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. Sign up for our free summaries and get the latest delivered directly to you. proof of Ferrell's involvement in the Yellowstone murders, as they had