physician and asking clerks who answered to read explicit passages from 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. told me that he was a sicko, and that he needed to be put away. After The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. 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. 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. After testing for the same genetic markers, Agent Lynch testified that the bloodstains analyzed in the course of the police investigation could have come from an offspring of the Fords. 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. An FBI expert said that during one interrogation he gave Ferrell a hypothetical scenario about Cathy's murder. Perhaps it would have been better to allow the excerpts to be read to the jury without admitting the text as an exhibit. In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. City State. Search for 14 Public Records of William Ferrell in Virginia. William Jesse Ferrell. Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. They also offered a reward for information. Includes Address (11) Phone (9) Email (7) See Results. 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. The defendant was not seen with Cathy Ford on or near the date of her disappearance, and her body had not been found at the time of trial. 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. Atty. The police obtained a search warrant, and on 19 March a police search of Mr. Ferrell's mobile home revealed tiny splatters of blood in various places on walls, mirrors, and the ceiling of the bedroom. WHITE SULPHUR SPRINGS, W.Va. (AP) Winners of the 2021 Virginias Associated Press Broadcasters Awards were announced Saturday at the Awards Banquet and Annual Membership Meeting at The Greenbrier Resort in White Sulphur Springs, West Virginia. 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. Ms. Ford told her family and the restaurant employees to check identifications before selling beer, and then left the restaurant to meet with the alleged undercover officer. A concisely worded test of whether error is harmless was announced by this Court in State v. Davis, 153 W.Va. 742, 172 S.E.2d 569 (1970): We set out a more detailed test in Syllabus point 2, State v. Atkins, 163 W.Va. 502, 261 *845 S.E.2d 55 (1979), cert. However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. 9011 Assistant Prosecuting Attorney Cabell County Courthouse 750 Fifth Ave., Suite 350 Huntington, West Virginia 25701 Counsel for Petitioner LH-122280 12-30;2021;1-6;2022 Ferrell believed that he was being accused of something. See State v. Dolin, ___ W.Va. ___, 347 S.E.2d 208 (1986), overruled on other grounds, State v. Edward Charles L., ___ W.Va. ___, 398 S.E.2d 123 (1990). burned truck 75 yards from Ford's trailer home. , West Virginia, USA; Burial Details Unknown . She has a 1995 bachelor's degree in Journalism from West Virginia University. The defendant became enraged, broke into the man's house, and took the girl with him against her will. The telephone there was a private one listed in the name of the defendant . 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. The same distortion occurred in the statistical probability questions which are set out in note 8, supra. 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. The trial court's sequestration order was violated which should have resulted in a mistrial. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. He said that Ferrell nodded in agreement with the scenario. The U.S. Supreme Court has refused to reconsider this case. 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]. When asked why they should not search those roads, Paul Ferrell explained that the evidence was on those roads. I believe a similar flaw underlies the testimony of Agent Lynch in this case. He assumed office on December 1, 2022. Users can search the records and view scanned images of the original records. There was absolutely no evidence that Cathy Ford had been sexually assaulted or abused following her disappearance. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 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. Meaning of Ferrell. publishing a story about it in a magazine. As an initial matter, I do not believe the majority's characterization of the facts is accurate. A few days later, he called Bernard from Uniontown, Pennsylvania and asked her to call Cathy's family and tell them that she was all right. What percentage of the population has a blood type A? This case lacks even the circumstantial evidence that was present in State v. Hanna, supra, where the defendant's former live-in girlfriend had attempted to break off her relationship with the defendant and had begun dating another man. Our cherished husband, father, grandfather, great grandfather, William "Bill" Ferrell, 92, was called home to his Heavenly Father, on Sunday June 21, 2015. Id., at 130. 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. States in the 20th Century. 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. Although Cathy has never been found, it is assumed that she is deceased. Consequently, the Fourth Circuit found there was no prejudicial error in the charge to the jury. However, an FBI handwriting expert later proved in court that he did so. I cannot find this error to be harmless. 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. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. He went into the woods near it to investigate. The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. "Q. Ferrell Cemetery Spencer, Roane County, West Virginia. ___ W.Va. at ___, 399 S.E.2d at 837. He was also involved in boxing. Ferrell claimed that he and Cathy were more friends than lovers. 2d 319, 66 Cal. An analogous situation arose in State v. Walters, 99 Or.App. Also, a cigarette butt of the type smoked by Ms. Ford was found. Supreme Court of Appeals of West Virginia. Cathy Ford's body was never found. (XV.) He claimed that it had stains and a foul odor. The most that could be said was that the blood was not inconsistent with that of Cathy's parents. Although the phone call evidence was prejudicial to the murder and arson charges, it was admissible in the State's effort to prove the kidnapping charge. . Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. 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. He also got the case A watch that was believed to belong to her was found in a burn area near Ferrell's trailer. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. 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. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. They noticed that she appeared to be nervous when she noticed them. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. Here's an overview: SB 268 is a comprehensive bill that affects 230,000 plan participants of PEIA in many different ways. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. Id., at 395, 242 S.E.2d at 471. 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). While the majority relies on the harmless error rule set out in Syllabus Point 2 of State v. Atkins, 163 W.Va. 502, 261 S.E.2d 55 (1979), cert. They looked into Ferrell's past and discovered that he had a "habit" of making crank sex phone calls. They found traces of blood on the floor, as well as on the wall and ceiling. He wrote that Ferrell's 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.