Case Documents

If you're interested in going deeper into the case, you've come to the right place. Below are links to thousands of pages of testimony, case files, court documents, photos and more.

 

 

 



Crime Scene & Investigation

pdf icon Forensic Reports:

The Nees' autopsy report and other forensic evidence.

pdf icon FBI Reports:   

Assorted reports from the FBI's crime scene investigation.

pdf icon Assorted Interviews:

Interviews conducted with various individuals during the initial investigation.

Coerced Confession:

Barry's signed confession following the January 7, 1983 interrogation in Louisiana.

pdf icon Innocence Statement:

Transcript of Barry's statement of innocence as recorded by Private Investigator, Craig Christie.

pdf icon The Detective's Conversation:

Transcript of the conversation between detectives Via and Malum after Barry's interrogation.

pdf icon Crime Scene Photo:

Photograph of the crime scene showing Kim Nees truck and law enforcement of the opposite bank with the deceased body of Kim Nees floating in the river below.

pdf icon Bloody Palm Print On Truck Photo:

Photograph of the bloody palm print left on the passenger side of Kim Nee's truck. This palm print neither matches Barry Beach or Kim Nees.

pdf icon Footprint Photos:

Photographs of the crime scene, taken by law enforcement, showing footprints. None of these footprints match Barry Beach's feet.



The Court Proceedings

pdf icon Alfred Calhoun:

Original trial testimony from Alfred Calhoun.

pdf icon Alfred Lizotte:

Original trial testimony from Alfred Lizotte.

pdf icon Barry Beach:

Original trial testimony from Barry Beach.

pdf icon Calib Gourneau:

Original trial testimony from Calib Gourneau.

pdf icon Dean Mahlum:

Original trial testimony from Dean Mahlum.

pdf icon Dr. John Pfaff:

Original trial testimony from Dr. John Pfaff.

pdf icon Errol Wilson:

Original trial testimony from Errol Wilson.

pdf icon Francis McCarvel:

Original trial testimony from Francis McCarvel.

pdf icon Greg Norgaard:

Original trial testimony from Greg Norgaard.

pdf icon Jay Via (Part 1):

Original trial testimony from Jay Via (Part 1).

pdf icon Jay Via (Part 2):

Original trial testimony from Jay Via (Part 2).

pdf icon Joanne Jackson:

Original trial testimony from Joanne Jackson.

pdf icon Joe Cummings:

Original trial testimony from Joe Cummings.

pdf icon Joel Sparvier:

Original trial testimony from Joel Sparvier.

pdf icon Maybelle Sparvier:

Original trial testimony from Maybelle Sparvier.

pdf icon Pam Nees:

Original trial testimony from Pam Nees.

pdf icon Richard Medaries:

Original trial testimony from Richard Medaries.

pdf icon Roberta Clincher:

Original trial testimony from Roberta Clincher.

pdf icon Robert Murray:

Original trial testimony from Robert Murray.

pdf icon Shannon O'Brien:

Original trial testimony from Shannon O'Brien.

pdf icon Steve Lambert:

Original trial testimony from Steve Lambert.

pdf icon Steven Shagunn:

Original trial testimony from Steven Shagunn.

pdf icon Ted Nees:

Original trial testimony from Ted Nees.

pdf icon Tim Beach:

Original trial testimony from Tim Beach.

pdf icon State Opening Arguments:

Original opening arguments from the State from the trial.

pdf icon Defense Opening Arguments:

Original opening arguments from the defense from the trial.

pdf icon State Closing Arguments:

Original closing arguments from the State from the trial.

pdf icon Defense Closing Arguments:

Original closing arguments from the defense from the trial.

pdf icon State Rebuttal:

Original rebuttal from the State from the trial.

pdf icon Missing Pages:

Missing pages from the trial transcripts.

pdf icon Beach Appeal:

1985 appeal filed with the District Court of the 15th Judicial District

pdf icon Letters from Barry:

Assorted letters written by Barry to his attorney and others.

pdf icon Miscellaneous Case Documents:

A collection of documents regarding the case.



Montana Board of Pardon & Parole

pdf icon BOPP Volume I Transcripts:

Day one of the Board of Pardons and Parole hearing. (85.6MB)

pdf icon BOPP Volume II Transcripts:

Day two of the Board of Pardons and Parole hearing. (125.3MB)

pdf icon BOPP Volume III Transcripts:

Day three of the Board of Pardons and Parole hearing. (52.9MB)

pdf icon Centurion Ministry's Brief to Governor Schweitzer:

Brief to Governor Schweitzer stating why Barry Beach should be released.

pdf icon Centurion Ministry's Closing Arguments (June 2007):

Closing arguments made to the Montana Board of Pardon & Parole by Centurion Ministry in June of 2007.

pdf icon Attorney General's Closing Arguments (June 2007):

Closing remarks to the Montana Board of Pardon & Parole by the Attorney General of the State of Montana in June of 2007

pdf icon Centurion Ministry's Closing Arguments (Aug 2007):

Closing arguments made to the Montana Board of Pardon & Parole by Centurion Ministry in August of 2007.

pdf icon Attorney General's Closing Arguments (Aug 2007):

Closing remarks to the Montana Board of Pardon & Parole by the Attorney General of the State of Montana in August of 2007.

pdf icon BOPP Decision (August 2007):

Decision of the Montana Board of Pardon & Parole denying any relief to Barry Beach.

pdf icon Centurion Ministry's Response To BOPP:

Centurion Ministry's respone to the Montana Board of Pardon & Parole after their denial of relief.

pdf icon Barry Beach Testifies In Front Of BOPP:

Barry Beach, on the verge of tears, gives an emotional testimony to the Montana Board of Pardon and Parole, stating that he did not kill Kim Nees in 1979.



Current Efforts

pdf icon Montana Supreme Court Decision

After a very long wait, the answer from the Montana Supreme Court is in and their opinion supports Barry Beach! Please read the attached document for more details.

pdf icon CM's Reply Brief To Montana Supreme Court:

CM explains to the Montana Supreme Court how the Attorney General's office failed to refute Barry Beach's appeal from the Judge Cybulski decision in March in which Barry was denied a new trial despite the introduction of new evidence showing his innocence.

pdf icon Attorney General's Brief To Supreme Court:

This brief to the Montana Supreme Court was filed by the Attorney General's office rebutting the claims made in Barry Beach's brief to the Court.

pdf icon Barry Beach's Brief To Supreme Court:

This brief to the Montana Supreme Court was filed by Barry's attorney's in an effort to get the case remanded back to the District Court which denied Barry's motion for post-conviction relief. In summary, the brief concludes that the District Court did not properly consider Montana statutes and existing case law when it denied Barry's motion. The brief provides clear statutory and case law as basis to show that Barry Beach is not time or procedurally barred from filing and that the evidence needs to be examined by a jury at a new trial. The Attorney General's office has 30 days to respond to this brief.

pdf icon New Barry Beach Petition:

Montanans For Justice is trying to collect as many signatures as possible in support of freeing Barry Beach. Please print this petition and fill it with as many names as possible. Please mail them back to MFJ when finished at PO Box 5043, Helena, MT 59604 by October 15, 2008.

pdf icon Missoula Independent Article:

Article about Barry Beach in the Missoula Independent newspaper.

pdf icon Memo In Support of Petition For Retrial:

This document is the latest effort in obtaining freedom for Barry Beach. It is a petition to the court stating that there is sufficient evidence to grant Barry Beach a new trial. This motion has not been heard as of yet.

pdf icon AG's Memo To Deny Petition For Retrial:

This document is the response from the Attorney General's office to Centurion Ministry's Memo In Support of Petition For Retrial. The State of Montana claims that Barry Beach is procedurally and time-barred from presenting new evidence in this case.

pdf icon Denial of Retrial Petition:

This is the denial by Judge Cybulski of Barry Beach's Petition for Post-conviction relief.



Photographs

pdf icon Photographs of Barry Beach:

These photographs show Barry at various points in his life, from childhood to the present. (Note: Persons photographed with Barry have been disguised to protect their identity until such time as they authorize use of their photograph.

pdf icon Crime Scene Photo:

Photograph of the crime scene showing Kim Nees truck and law enforcement of the opposite bank with the deceased body of Kim Nees floating in the river below.

pdf icon Bloody Palm Print On Truck Photo:

Photograph of the bloody palm print left on the passenger side of Kim Nee's truck. This palm print neither matches Barry Beach or Kim Nees.

pdf icon Footprint Photos:

Photographs of the crime scene, taken by law enforcement, showing footprints. None of these footprints match Barry Beach's feet.

pdf icon Barry Beach Testifies In Front Of BOPP:

Barry Beach, on the verge of tears, gives an emotional testimony to the Montana Board of Pardon and Parole, stating that he did not kill Kim Nees in 1979.



Miscellaneous

pdf icon Montanans For Justice Poster:

If you are convinced that Barry Beach is an innocent man and deserves to be released from prison, please take the time to print this poster and display it where appropriate. Thank you for your support.

pdf icon New Barry Beach Petition:

Montanans For Justice is trying to collect as many signatures as possible in support of freeing Barry Beach. Please print this petition and fill it with as many names as possible. Please mail them back to MFJ when finished at PO Box 5043, Helena, MT 59604 by October 15, 2008.



Attorney General Interviews

Mike McGrath (Montana Attorney General) would like you to believe that his office has investigated the Barry Beach case, even recently. As you will see from these documents, the AG's office has merely coddled those implicated in the murder of Kimberly Nees and attacked those that would provide information in support of Barry Beach's innocence. Read carefully and judge for yourself.

pdf icon Attorney General's Interview: Sissy Atkinson

The Attorney General's office interview of Sissy Atkinson.

pdf icon Attorney General's Interview: Rose Failing Atkinson

The Attorney General's office interview of Rose Failing Atkinson.

pdf icon Attorney General's Interview: Jordis Ferguson

The Attorney General's office interview of Jordis Ferguson.

pdf icon Attorney General's Interview: Carl Four Star

The Attorney General's office interview of Carl Four Star.

pdf icon Attorney General's Interview: Caleb Gourneau

The Attorney General's office interview of Caleb Gourneau.

pdf icon Attorney General's Interview: Maude Gray Hawk Kirn

The Attorney General's office interview of Maude Gray Hawk Kirn.

pdf icon Attorney General's Interview: Joanne Jackson

The Attorney General's office interview of Joanne Jackson.

pdf icon Attorney General's Interview: Kara Red Dog

The Attorney General's office interview of Kara Red Dog.

pdf icon Attorney General's Interview: Calvin Lester

The Attorney General's office interview of Calvin Lester.

pdf icon Attorney General's Interview: Lawrence Red Eagle

The Attorney General's office interview of Lawrence Red Eagle.

pdf icon Attorney General's Interview: Roberta Jackson

The Attorney General's office interview of Roberta Jackson.

pdf icon Attorney General's Interview: Rhea Red Dog

The Attorney General's office interview of Rhea Red Dog.