MT - Barry Beach appealing conviction in '79 murder of Kim Nees

UdbCrzy2

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I saw something about this on one of those crime shows not too long ago. Apparently a relative who was not called as a witness is going to give him an alibi. Below are the links to a couple of stories about it.


Attorneys file briefs in Barry Beach '85 murder conviction appeal

Fergus County Judge Wayne Phillips in August heard 2 1/2 days of new witness testimony that attorneys for Barry Beach say implicates a group of jealous girls in the 1979 murder of Kim Nees. Beach, who was convicted of that killing nearly six years later, is asking the court to grant him a new trial based on the new evidence, which he says wasn't available at the time of his original trial.

http://www.greatfallstribune.com/ar...-85-murder-conviction-appeal?odyssey=nav|head



Judge in Barry Beach Hearing Allows New Witnesses to Testify

The hearing for a Montana man seeking to overturn his murder conviction resumed Tuesday in a Fergus County Courtroom. Barry Beach confessed to killing 17 year old Kimberly Nees in 1979, but has since argued that he was coerced.

http://www.kfbb.com/news/local/Judg...llows-New-Witnesses-to-Testify-126647773.html


Barry Beach Hearing Ends With No Decision

Convicted killer Barry Beach is back in prison Wednesday night after his three day hearing into whether he should get a new trial ended with no decision.

http://www.kfbb.com/news/local/Beach-Hearing-Ends-With-No-Decision-126771533.html
 
This is really sad. His confession was obviously coerced and there were even witnesses that came forward in the trial that Phillips ruled he could get another trial but the Supreme Court overturned Phillips ruling.
I think Barry is innocent and has spent 30 years in jail for a crime he did not commit.
He is still fighting for his freedom but it seems that he now has to prove his innocence.
His "confession" is so obviously coerced, the interrogators spoon fed him details right down to their mistake of the clothing she was wearing! There is absolutely no evidence he was anywhere near the crime scene, including no DNA of his.
This guy truly does deserve a new trial.
 
Bumping...
His story was just on Dateline tonight....this could be a really HOT topic!
IMO...he's INNOCENT!
 
I looked up the Montana Supreme Court records and they have the facts in this case without any media hype. It's not that I don't believe the media, it's that I don't believe all the hype:) The search can be found here by looking under 'Name', just type in Beach and go from there.

State v. Barry Allan Beach

http://searchcourts.mt.gov/index.html
 
Beach still waiting on decision: Parole board yet to answer his request for clemency

At the second anniversary of his short-lived release from captivity, Barry Beach’s future rests in the hands of the state parole board.

Beach, convicted in 1983 of high school classmate Kim Nees’ 1979 murder, was sentenced to 100 years imprisonment without the possibility of parole after giving a jailhouse confession to authorities in Louisiana.

http://www.greatfallstribune.com/article/20131206/NEWS01/312060035
 
http://www.kfbb.com/story/25756518/barry-beach-denied-clemency

It was an answer Barry Beach says he suspected would come, but it was still a devastating blow. Beach is currently serving a 100-year sentence for the murder of Kim Nees.

Today, that conviction was upheld. The State of Montana Board of Pardons and Parole announced their unanimous decision to deny Beach's fourth request for clemency today at a press conference in Deer Lodge.
 
http://billingsgazette.com/news/loc...cle_fee4e379-8067-518a-8c4b-271469699a1e.html

Despite the rain, a group of about 30 Barry Beach supporters gathered Saturday on the Yellowstone County Courthouse lawn to reaffirm their belief in the convicted murderer’s innocence...

If the panel had recommended clemency, it would have been up to Bullock to make the final decision. On Saturday, Ziegler said that supporters are hoping to get a bill before the 2015 Montana Legislature that would allow the governor to grant clemency separate from a recommendation by the Board of Pardons and Parole.

“Forty states have that, but 10 do not and one of them is Montana,” Ziegler said. "The bill would make a difference not only for Barry, but for others who may be incarcerated and are innocent."
 
http://www.abcfoxmontana.com/story/...eachs-sentence-heads-to-montana-supreme-court

A hearing in Helena Wednesday focuses on Barry Beach's freedom more than his innocence.

Beach maintains he is innocent in the 1979 death of Kimberly Nees, but arguments being heard Wednesday in front of the Montana Supreme Court will instead focus on the constitutionality of his sentence. Beach will not be at the hearing.

Beach, who was a teen at the time of the murder, was sentenced to 100 years without the possibility of parole. His lawyers say based on the legal precedent teens should not be handed such life sentences.
 
I saw a show about the case on ID last night . Wow !
 
September 13, 2016
9:24 PM EST

Convicted Murderer Given Clemency Won't Face Sex Charges

A Montana man will not face misdemeanor charges after he was accused of sexually propositioning a 12-year-old girl shortly after he was granted clemency in a 1979 slaying, authorities said Tuesday.

Billings City Attorney Brent Brooks announced the decision following a monthslong investigation by city and county prosecutors into the accusation against Barry Beach.

"There are insufficient facts and evidence to support the filing of a misdemeanor criminal charge at this time," a statement released by Brooks' office said. "Any new facts of evidence that may arise in the future will be reviewed and evaluated as appropriate."

Beach was convicted of murder in 1983 when he was 17 and sentenced to 100 years prison with no possibility of parole for the beating death of 17-year-old Kimberly Nees. He long denied killing the girl, and hundreds supported his push for freedom, including Democratic U.S. Sen. Jon Tester and former Gov. Brian Schweitzer.

Beach was temporarily freed in 2011 when a retrial was ordered but sent back to prison 18 months later by the state Supreme Court. Last November, Gov. Steve Bullock granted him clemency, which required Beach to be on probation for 10 years.

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http://abcnews.go.com/US/wireStory/convicted-murderer-clemency-face-sex-charges-42072021
 

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