Watch a video of Barry Beach"We hope to one day meet him on the other side of those gates," said former Yellowstone County commissioner James "Ziggy" Ziegler, who met Beach 24 years ago through a prison ministry and recently helped organize a media campaign to free the 46-year-old convict.
Beach was convicted at the age of 22 on the basis of a detailed confession he and his defense team say was coerced by detectives in Louisiana, where Beach was arrested for an unrelated crime and interrogated under duress.
Then in February, a Helena-based group called Montanans for Justice - the most recent joist in Beach?s support network of lawyers, elected officials and business professionals - launched a Web site advocating his release.
Montanans for Justice began its fundraising last November, and has since built a $190,000 media campaign, encouraging the public to "be your own investigator." Much of the new evidence, testimony and even Beach's confession is posted on the site at www.montanansforjustice.com.
Beach's supporters say the recent testimony undermines the integrity of his 1984 conviction, but the state attorney general says Beach has exhausted his appeals, arguing that his conviction has been upheld all the way to the 9th U.S. Circuit Court of Appeals. Prosecutors say any "new evidence" has already been rejected by the state Board of Pardons and Parole and should no longer be given any credence.
"The Montana Board of Pardons conducted a three-day evidentiary hearing this past June, where Beach was given every opportunity to prove his innocence, and he failed to do so. Enough is enough," according to a 60-page response to Beach's petition, filed by assistant attorneys general Mike Wellenstein and Tammy Plubell.
Indeed, the evasive path to freedom narrowed for Beach last August, when the board denied requests for both executive clemency and commutation of his 100-year, no-parole sentence.
The decision followed two lengthy hearings that featured testimony from numerous witnesses, including former Montana Gov. Marc Racicot, who prosecuted Beach as an assistant attorney general, and Judy Grayhawk, a Poplar resident who testified that her sister-in-law admitted luring Nees to the site of her brutal murder. A number of Beach's supporters who founded Montanans for Justice also attended the hearings and spoke on his behalf.
But even as state officials lay the matter to rest, advocates for Beach?s innocence have vowed to keep up every effort to win his freedom.
"We are not going to give up on Barry," said defense attorney Peter Camiel, who was hired by Centurion Ministries when the group began reinvestigating Beach's case in 2000. Since its creation in 1980, Centurion's efforts have led to the release of 40 inmates.
Earlier this month, Camiel and Centurion helped free a 55-year-old Los Angeles man, overturning his murder conviction after 25 years of imprisonment.
Click here to hear the full audio interview with Barry Beach.
Click here for pdf of Beach' s petition for post conviction relief - 67.5 KB Click here for pdf of Barry Beach's confession - 475 KB During an interview last week at the Montana State Prison in Deer Lodge, Beach said he was disappointed and dismayed by the outcome of the clemency hearings, but remained hopeful in light of the recent court filings and vocal public support.
"It still is hard for me to comprehend that we brought 34 witnesses who are citizens of the state of Montana and elsewhere, presented them to the parole board, and yet not a single one of them was given any credibility," Beach said. "That's not to say that the hearing itself wasn't fair, but the decision certainly wasn't."
Among those who turned out to support Beach were Poplar Mayor Dallas O?Connor, state Sen. Dan Weinberg of Whitefish, former state Sen. Chris Christaens of Great Falls and Kim Nees' sister, who implored the board to set Beach free.
"I think that he has a very good case and I think that for the sake of justice, not just for Barry Beach, we need to get to the bottom of this and sort it out and put it right," said Weinberg, a financial supporter of Montanans for Justice.
Weinberg said he approached the case with a healthy dose of skepticism when a friend urged him to review the files more than a year ago. However, he has since become convinced of Beach?s innocence, and is working to develop an Innocence Project in Montana.
The group's spokesman, Bob Kolar, said Montanans for Justice was formed by a core group of about 20 people, including "mechanics, jewelers, lobbyists, senators, lawyers and doctors." He said the organization has grown substantially since the Web site launched.
"We got together after the outcome of the parole board hearings in Deer Lodge last summer," said Kolar, of Helena. "We were very upset. It was disturbing enough to the point that we banded together and started this group."
A camera crew from television's "Dateline NBC" also attended the executive clemency hearings, and will air a two-hour report on Beach's case in late April, according Shane Bishop, the show's producer and a University of Montana journalism graduate.
Camiel says the Montana Attorney General's Office leans too heavily on the parole board?s findings - "our argument is that the parole board flat-out ignored the most compelling witnesses" - and has relied on legal technicalities to prevent judges from ruling on the merits of the case through the years.
"That's their first line of defense. It's been their primary tactic for many years," said Camiel. "It's a common strategy in trying to protect a conviction."
But the state argues that Beach's newly discovered evidence "amounts to hearsay statements implicating others in the Nees homicide," according to the response.
"Beach confessed to brutally murdering Nees. Every court in the land that has considered the legitimacy of Beach's confession has soundly upheld it," wrote Wellenstein and Plubell.
Beach's case, Camiel says and legal experts agree, underscores the fragility of custodial confessions. Studies have shown that false confessions are one of the biggest factors in wrongful convictions. In more than 25 percent of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pleaded guilty, according to an Innocence Project analysis of 210 DNA exonerations.
Beach and his lawyers argue that much of the confession doesn't match key evidence found at the murder scene in Poplar, including his descriptions of what Nees was wearing and how he disposed of the body.
A final response from Beach's legal team is due April 4. At that point, Roosevelt County District Judge David J. Cybulski will have 60 days to either summarily dismiss the petition or grant an evidentiary hearing in Poplar.
If a hearing is granted, Camiel said it "would be somewhat similar to what happened before the Board of Pardons and Parole, except this would be before a judge and the rules of evidence would apply."
"We'll be trying to address two questions," Camiel said. "One, is this considered new evidence under the statute? And two, is it compelling enough to grant a new trial?"
Among the new evidence is testimony from Richard Holen, who told the state Board of Pardons and Parole that he saw four people sitting shoulder-to-shoulder in the cab of Nees' pickup truck on the night of the murder. Holen says he told police about what he saw within days of the murder, but was never contacted during the investigation.
Holen's story conflicts with Beach's confession that he was alone with Nees, his neighbor and high school classmate, when he beat her to death along the edge of the Poplar River.
"Richard Holen is a farmer from Poplar who has absolutely nothing to gain by coming forward," Beach said.
"This case is no longer about Barry Beach. It's no longer about the fact that I've already served over 25 years," he said. "This is about justice for the citizens of Montana. ... This is about justice for the citizens of Poplar."
Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com
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erika jo opper wrote on Oct 11, 2008 3:11 PM:
" how do you find an honest public servant in montana? well, don't look at the poplar police,the attorney general,judge cybolski, or the montana board of pardon and parole! "
Dayton Diaz wrote on Jan 25, 2009 8:05 PM:
" Just saw the program,So what the hell was the motive!!!What injustice I'm appalled sounds like a good linching to me.You wont see me visiting Montana. "
Ian wrote on Jan 25, 2009 8:16 PM:
" If this case isn't resolved, then that would prove that there is no criminal justice system that serves society righteously as it should. Corrupt officials with a lot to lose is the real reason this man is locked up to this day! Sadly, where I work, I have the opportunity to witness first-hand the corruption of court officials and police. There has to be a better system of checks and balances. Judges may think they are gods, but they need to be reminded they are only human. Free this man, and maybe I'll begin to see some hope for our society. This man has served enough time, as well as all the other Barry Beaches of rural america. "
LARS SILER wrote on Jan 25, 2009 8:26 PM:
" big cover-up.what was a cop doing,breaking into the evidence room,and destroying evidence in this case?The father of a suspect,yet!I bet the cop did it.Racicot lied about the pubic hair found on the victim's sweater.Fingerprints never matched,because the police were protecting their own. "
Teresa wrote on Jan 25, 2009 11:02 PM:
" Please dont ever give up Barry~
God has a reason for everything...
How could you people live with yourselves. Remember you all have to meet your maker too!
Come on someone stand up for this man...Lets start cleaning up the justice system like the whitehouse. "
God has a reason for everything...
How could you people live with yourselves. Remember you all have to meet your maker too!
Come on someone stand up for this man...Lets start cleaning up the justice system like the whitehouse. "
Terisa wrote on Jan 28, 2009 3:11 PM:
" This case is just so messed up! Its so obvious he didn't do it. It's so frustrating seeing the laws being so abused by the very ones who have taken an oath to enforce them. Talk about evidence my god what more do they need to see whats going on here. Barrys lawyers need to speak to Dr. Richard A Leo of University of San Francisco. "
Karla and Rene wrote on Jan 28, 2009 9:43 PM:
" No matter what, all who are involved will have to answer for their individual part in this corruption. However, lets not just leave it to til each of them meets their maker. For Barry's sake and for justice sake, something needs to be done now. We don't even know where to start to do our part in helping justice prevail. Not corrupt justice, but true justice. Even when this means, Rocicot and the bully Louisianna officer have to live the consequences of their lies. Why hasn't Rocicot been charged with perjury and why isn't this enough to get a new trial? Come on people, open your eyes and do the right thing. We the people, for the people by the people. The government is suppose to work for us. So many years it hasn't worked like that. Too much corruption. It is time that we the people weed out the corrupt. Even if that means a whole new set of officials. That uphold truth and admit their mistakes and make their wrongs right. We have absolutely no respect for Rocicot. He is too proud to open his eyes, admit he was batting for the wrong team and chose to lie/cheat for his win. The "win" that has cost a man his freedom. Who is next? It won't stop unless there are consequences. Barry, stand strong in faith and know that your freedom will come. God Bless you Barry and all that take the steps necessary to get your freedom. "
Sandi wrote on Jan 30, 2009 7:44 PM:
" I saw this Dateline episode last week and I CANNOT believe Barry did not get exonerated. He should not have been put in prison and he needs and deserves to get out. I have heard police say that they almost mentally torture people to confess sometimes and I believe this is what happened to Barry.
Does anyone know if he is still in prison?? "
Does anyone know if he is still in prison?? "
blankinglost wrote on Feb 14, 2009 3:35 AM:
" It begins to look like Beach is the only innocent in this sordid mess. You have a prosecutor engaging in blatant misconduct, police writing a confession script, rogue cop destroying evidence, a bloody handprint the jackasses seem to believe was left by an elf, and all your state can argue is " hearsay statements implicating others in the Nees homicide"?
If there is a new hearing let us hope the judge doesn't have a relative who helped the prosecution during the original trial. "
If there is a new hearing let us hope the judge doesn't have a relative who helped the prosecution during the original trial. "
JERRY-WIS wrote on Apr 15, 2009 7:12 PM:
" something is very wrong with the montana justice system. they need to look into what happen to the evidence.somebody didn't want the truth to come out. must be a cop thing. keep the fate barry. "
Rebecca Mayeaux wrote on Apr 25, 2009 8:18 PM:
" I believe that it way past time to gather the few facts that really do exist and release this man. The real killer or killers are bound to be caught. The right thing to do is let this man have a portion of his life and be able to enjoy it. Life is very short and regardless what is said about him, that will never bring Kim Nees back. You can tell that the pressure was on for the wrong reasons. "
amanda wrote on May 20, 2009 3:47 PM:
" I think he is innocent, but the problem is that he will probably get out of prison and still get in trouble with the law. He has learned their ways in prison, and he also wasn't the most stellar citizen prior to his incarceration. I think that the guilty parties need to be brought to justice, but I really don't think that he will be released from prison to be a productive member of society, if he ever is released. "
Fred wrote on May 24, 2009 9:56 AM:
" When I first heard about the case, I was convinced thoroughly tha Beach was guilty. BUT . . . when I watched the hearing I had some serious doubts about his guilts. Currently, I cannot be 100% sure his is innocent but I have some very serious doubts about his guilt. Mainly what concerns me is that there was no physical evidence linking him to the scene & his confession conflicted in several points with the actual scene. That leads me to believe the confession may indeed have been forced. As I said, I have serious doubts about his guilt & the state would be committing a travesty of justice if they did not at least grant him a new trial. There is way too much reasonable doubt on this case. "
Lori - GA wrote on May 30, 2009 12:12 AM:
" OMG!!! I just got done watching his story on TV. I cannot believe the bloody palm print, forget the foot print impression but the palm print and the LACK of DNA evidence!! No!!! This is not right! Not to mention the limited testing of forensic evidence back in 79-80 is worthy of new testing to say the least!! Or have they lost that evidence too?!!! God Bless you Barry and may God give you strength.
My thoughts and prayers are with you and your family.
Lori - GA "
My thoughts and prayers are with you and your family.
Lori - GA "
Lori - GA wrote on May 30, 2009 12:24 AM:
" Not to mention the lack of cooperation with the retired cops daughter and the fact that he allegedly broke into the evidence room to steal evidence!! Definetely reeks of reasonable doubt and with new testing of DNA that is 30 years advanced - I bet that evidence is lost or stolen too!!
God give Barry strength!!
Lori - GA "
God give Barry strength!!
Lori - GA "
Bronda wrote on May 30, 2009 2:43 AM:
" Where are the jury? Why haven't any of them took a stand after the truth has came to light and said it is time for this to stop. Why would anyone convict a person with no evidence. This whole case is outragous!!!!!!!!! "
Kevin Chisolm wrote on May 30, 2009 3:20 AM:
" I just spent 2 hours scratching my head to why this man is not free. The man who has gained everything on cases like this ruined an innocents man chance at freedom. I am no idiot. I know that docs can cut and snip a doc to make a tape look a certain way and they can persuade human emotion. But I am upset and disturbed that we can excuses prisoners of war that they were forced and bullied into speaking against our country but we can't tell that the same tactics are used in our country and this man has been another victim. I hope that someone can bring faith back to our country and let this man go free. This is just wrong. "
Lydia wrote on Jun 29, 2009 5:45 PM:
" I feel so compelled by the Barry Beach story that I hunted to internet to find out how to write someone affiliated with the case. This governor should be voted out of office. A conviction like this should bring up all evidence possible to help this man who has already spent so much time in prison. If there is a reasonable doubt that he is not guilty, he should get a new trial. His sister was not allowed to testify. And, he was a young fellow who was probably harassed during the original detainment by police, breaking him down to make a confession. I hope and pray that some real American justice can come to this case...right now it's a travesty.
Signed: Concerned Citizen "
Signed: Concerned Citizen "
erika jo wrote on Sep 28, 2008 2:02 PM: