An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. He was told that a woman had been calling, asking for him. What percent of the population has a genetic marker of PGM 1 + 2 +? He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. July 29, 1922 - June 21, 2015. *840 On 8 March 1988, the Ford Bronco in which Cathy Ford was last seen was found burned and hidden in brush near the river, off the Bismark Road. Ford. The people who found the Bronco knew to look there because they heard that smoke was seen hanging over the river on 17 February 1988. sexual reasons, his trial included circumstantial evidence that he had He had no idea that her parents had already called the police and reported her missing. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. 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. . 2d 320 (1980), it undertakes no careful analysis of the rule. weapon, eyewitnesses, or physical evidence such as fingerprints, hair and At around 2pm, she returned and picked up her purse. William "Bill" Ferrell. Typical of its well-crafted opinion, the majority offers no reason for this conclusion. Mr. Ferrell's store was also within sight of the restaurant where Cathy Ford worked. 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. (XII.) Id., at 395, 242 S.E.2d at 471. Lat: 38 41' 41"N, Lon: 81 16' 10"W When adopted, it was identical to FRE 404(b). At 10:50 a.m. the same day, Robin Tichnell received a call from a man claiming to be a West Virginia magistrate. Home; Trees; Search; DNA; Explore; Help; . We find there to be no reversible error in the trial court's exercise of discretion regarding the book. The court then laid out the test, "[i]n deciding whether the acts that technically constitute kidnapping were incidental to another crime, courts examine the length of time the victim was held or moved, the distance the victim was forced to move, the location and environment of the place the victim was detained, and the exposure of the victim to an increased risk of harm." (V.) The trial court erred in permitting F.B.I. After careful examination of the record, however, we conclude that his conviction for kidnapping should be upheld. 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.". FRE 404(b) has since been amended so that it is gender neutral, but no substantive changes were intended. The trial court erred by failing to conduct a proper Bamjoman [sic] hearing. (emphasis added), (VIII.) blood to be that of a woman, but DNA tests could not match the blood to 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." The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. According to him, she was crying and asking to see him. Ferrell located Cathy's burned-out car less than two hundred yards away from his trailer. 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. On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. He grew up here, went off to college, and returned home. 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. of the ordinary on the day in question. He admitted to making the calls but claimed that they had nothing to do with Cathy. On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. They noticed that she appeared to be nervous when she noticed them. A mix of clouds and sun. The majority agrees that it was error for the prosecution to elicit from F.B.I. It appeared as though it had been covered up in an attempt to keep it from ever being found. William Ferrell in Virginia: 47 records available . 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. Unsolved Mysteries Wiki is a FANDOM TV Community. the found blood look like that of Ford's. No witness ever saw the defendant with her. At the time, Farrell was considering which law school he would attend. Although she wanted to see him at his trailer, they agreed to meet at the high school parking lot. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! The trial court's sequestration order was violated which should have resulted in a mistrial. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. 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. 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. 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. 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. Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. 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. In addition, defendant did not object to the charge when given. Title. On the same day that Ms. Ford disappeared, two other women received telephone calls from a man purporting to be a magistrate. Id., at 130. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. Decided July 24, 1990. It specified that she heard the sounds on February 17; she claims that she did not specify that day. I believe a similar flaw underlies the testimony of Agent Lynch in this case. 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.". Paul is related to Roberta K McIntyre and Rebecca Lea Ferrell as well as 2 additional people. 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. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. others, and might be stained by blood from a variety of sources. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. 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. The trial court erred in refusing to grant a new trial due to juror bias extrinsic to the deliberative process. Find Paul Ferrell's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. A man then drove out in a light blue car. A caller pretending to be a magistrate (the same as the person that called her) asked a woman to meet him at the fire hall at that time. When asked to explain Ms. Bernard's testimony that he had asked her to make calls claiming she was Cathy Ford, Paul Ferrell told police that on 20 February 1988, (three days after Cathy Ford disappeared), he asked Ms. Bernard to call someone saying Cathy Ford was alright, because he wanted to slow down the investigation so that his telephone calls might not be discovered. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. He assumed office on December 1, 2022. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme. (XVI.) [2] There are, however, four major assignments in this complex and difficult circumstantial evidence case that warrant extensive discussion. 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. 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. She graduated from the West Virginia University College of Law in 1999. . They were the parents of at least 3 sons and 2 daughters. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. . 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. Box 13757 Charleston, WV 25360 Dana Ferrell Biography. Kim claimed that "screaming and gunshots" were common in the area. These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. 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. ___ W.Va. at ___, 399 S.E.2d at 841. Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." 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. He married his high school sweetheart, Rebecca Ruth . telephoned bookstores and libraries throughout the country posing as a Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. He continues to maintain that he is innocent. Paul Farrell knows all about it. 2d 319, 66 Cal. [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. State v. Ferrell Reconnect with William Ferrell by joining our alumni site today. The trial court erred in failing to dismiss the kidnapping count against petitioner upon petitioner's motion for a directed verdict at the completion of the State's case and at the completion of the defendant's case in chief because defendant should have been charged with abduction and not kidnapping. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. above Ferrell's Mart in Gormania, West Virginia. There have been a number of federal cases in which evidence of other bad acts has been admitted under FRE 404(b). Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. exposure on Montel Williams and Unsolved Mysteries. . promised. Agent Lynch, therefore, was given samples of blood from Cathy Ford's parents. Ferrell said the trailer was eight years old, had been occupied by Publisher. 404(b). The telephone there was a private one listed in the name of the defendant . Rptr. 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. 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. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. classification and properties of elementary particles 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. Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. Consequently, I conclude that the trial court abused its discretion in allowing the jury to hear the evidence of the telephone calls to the bookstores. 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. Despite the prior intimate relationship between the defendant and the victim, we held that there was "no evidence of any overt act or statement indicating that the defendant was sexually motivated to remove [the victim] from [the] home." After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. "A. first time, ever, in the history of American criminal jurisprudence, that 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. 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. Evidence not mentioned in the segment appears to point to Ferrell's guilt. 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. 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. Blood had also dripped through the crack between two sections of plyboard to a floor joist underneath. There were two sets of phone calls, the first set made between 28 September 1987 and late November 1987, and the second set between 1 February 1988 and 17 February 1988. According to him, they had been engaged in an on-again, off-again affair since fall 1987. 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. In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. The West Virginia Supreme Court rejected the appeal with a 3-2 vote. this kind of evidence has been allowed to go to a jury. OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . Business Education, WVSU; M.A. However, new evidence began to surface that suggested that he may have been innocent. A West Virginia journalist was fired last month after exposing alleged abuse of disabled people in the state's health agency. Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. Last Name. (XV.) Mr. Ferrell also assigns as error the lack of a "meaningful" in camera hearing before evidence of the phone calls was admitted. 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. 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. None of the salespersons who testified were able to identify the defendant as the caller. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. Check back often as we continue to add more. Fire and rust destroyed any fingerprints that may have been on the car. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. Blood was also found on a piece of material in a waste basket. Paul Ferrell had recently begun working as a deputy sheriff for Grant County. Cathy Ford has never been found, although she is assumed dead. Stevens Institute of Technology, +3 more . physician and asking clerks who answered to read explicit passages from Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. 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. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES By counsel, Jonathan M. Burton, State Bar No. 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. [4] I am aware of no appellate court which has sanctioned expert opinion based on body language tests. There was no known blood sample from Cathy Ford which could be used for comparison. mick tucker death; when is the route 40 yard sale 2021 William P Farrell, 54. "Q So that would include both male and female? He married Dora E Smith on 7 May 1896, in Roane, West Virginia, United States.