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Montanans For Justice is happy to highlight the hard work of the

Montana Innocence Project

a nonprofit organization dedicated to exonerating innocent Montana
inmates and preventing future wrongful convictions.




(Please scroll down)

 

Date Added:
5/14/2013

 

Doing time without doing the crime.

MONTANA SUPREME COURT OVERTURNS 2011 DISTRICT COURT RULING IN STUNNING OPINION

Montanans For Justice was disappointed to learn that the Montana Supreme Court has struck down an order in 2011 granting Barry Beach a new trial. At this time, Barry's future is undetermined. Please keep Barry, the Nees family and all parties involved in your prayers. We will try to keep you posted as further details are revealed.

pdf icon Supreme Court Synopsis of Opinion

The Montana Supreme Court overturned the order for new trial from the Honorable E. Wayne Phillips in 2011. This is a synopsis of that opinion.

pdf icon Order For New Trial

The Montana Supreme Court overturned the order for new trial from the Honorable E. Wayne Phillips in 2011. This is that opinion.


12/7/11

VICTORY!!!


11/23/11

 

pdf icon Order For New Trial

The Honorable Judge E. Wayne Phillips, in a FINDINGS OF FACT, ANALYSIS AND ORDER, has granted Barry Beach a new trial in the 1979 murder of Kim Nees.

 
6/24/11

 

pdf icon Writ of Supervisory Control Decision

The Montana Supreme Court denies Barry's Writ of Supervisory Control.

 
5/19/11

 

pdf icon State's Response to Petition For Writ of Supervisory Control

The Attorney General's response to Barry's petition for writ of supervisory control.

 
4/25/11

 

pdf icon Petition For Writ of Supervisory Control

Barry's attorneys have petitioned the Montana Supreme Court to allow all new evidence to be considered and to allow Barry his right to discovery prior to the August 1st hearing.

pdf icon Petition For Writ of Supervisory Control Table of Authorities

Table of Authorities for above petition.

 
6/19/10

 

pdf icon Scans of Poplar Newspaper

MFJ has located newspaper articles from the Poplar Newspaper from the late '70's that concern Kim Nees. We hope that these may rekindle memories for someone who may have information about Kim Nees death.

 
5/6/10

 

pdf icon Another Judge Selected in Beach Hearing

Judge Cybulski appoints the Honorable Judge E. Wayne Philips to preside over the Beach evidentarary hearing in light of the oposition to Judge Nels Swandal by the AG's office.

 
4/7/10

 

pdf icon Cybulski Appoints New Judge

Judge Cybulski appoints the Honorable Judge Nels Swandal from Livingston to preside over the Beach evidentarary hearing in light of the ruling from the Montana Supreme Cout.

 
3/24/10

 

pdf icon Montana Supreme Court re: Cybulski

Supreme Court orders Judge Cybulski to appoint another judge to preside over evidentiary hearing.

 
12/14/09

 

Click here to watch the Dunwell Report.

 
11/24/09
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.



4/22/09

Montanans For Justice and other Barry Beach supporters made their way to the Montana State Capitol Rotunda on April 20, 2009. The purpose of their presentation was to provide information about Barry Beach and his plight, and to show the Montana leadership once again that neither MFJ or this matter are going away until justice is not only pursued, but obtained. Montanans For Justice gave out over 150 brochures and Dateline DVD's during the day and left feeling confident that they had done something positive. Please look below to view some of the pictures from this gathering. Thanks to all who attended and for the hard work preparing for this event.



4/2/09

Representatives of Montanans For Justice, including a former state senator and current state representative met this week with Montana's Attorney General, Steve Bullock. The group met with the AG with the desire to show compelling reasons why Barry Beach's case should be looked at again and to push for a new trial in consideration of the upcoming Supreme Court decision.

Montanans for Justice feels that the meeting was productive and that our new Attorney General gave us his full attention. While, Mr. Bullock made no commitments, he was extremely generous in giving his time and attention.

The group stressed several key issues, including the fact that none of the evidence points towards Barry Beach and actually shows another person or persons were involved, that the confession is significantly at odds with the physical evidence and that the interrogation and subsequent confession were made under highly dubious circumstances, that the Board of Pardons and Parole's decision seemed determined in advance of the hearing and that the Department of Justice should seek the truth for justice's sake and that of the department's credibility.

It is the opinion of the group that Mr. Bullock left the meeting with new awareness of the breadth and scope of the exculpatory facts of the case and the level of public interest in the case. We are hopeful that our new Attorney General will look further into the matter, see the injustice involved, and help correct this miscarriage of justice. We are encouraged by the AG's sincerity, openness to hear us out and what appears to be quality in his human character. We will keep everyone updated as we learn more.


Montanans For Justice



11/23/08

November 22, 2008 MFJ Raffle Winners:

  • Leah Gunnells - $500 in gas
  • Jud Wiers - $500 Gold Necklace
  • Teri DeRone - $250 in gas


  • Thank you for your support of Barry and congratulations to the winners!



    10/7/08
    pdf icon Rich Hepburn comments on AG Interviews:

    Rich Hepburn of Centurion Ministries leads us through the Attorney General interviews and conflicting statements. Rich speaks of where the AG's investigators failed to dig deep enough in some cases, yet attacked witnesses favorable to Barry Beach.




    10/5/08
    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.




    9/25/08
    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.



    9/11/08
    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.



    8/15/08

     

    Video of the Glagow Presentation

    Montanans For Justice is excited to report a resounding success at the NE Montana Fair in Glasgow. The speakers did a wonderful job in their presentations, the music was exceptional and the support from NE Montana for Barry Beach was beyond anyone's expectations. Please click on the flash player below and enjoy.

     

    pdf icon AG's Motion For Extension of Time:

    On the day it's response was due, the Montana Attorney General's office has filed for a 30 day extension to respond to the brief filed on behalf of Barry Beach with the Montana Supreme Court. The AG's office cites "heavy workload" and inability to "properly research, consider, and brief the issues" raised by Beach as the basis for this extension. If granted, the AG's response would be due to the Court by September 8th.

     


    8/14/08

     

    Photos of the Glagow Presentation

     
    8/4/08

     

    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.



     
    7/31/08

     

    New Petition Campaign

    Please Join Us!

     

    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.



     
    7/29/08

     

    There will be a Barry Beach 'Presentation'

    In Glasgow, Montana

    Sunday, August 10, 2008

    2:30 pm at the Glasgow Fairgrounds

    Although this is not a Montanans For Justice event,

    Members of MFJ will be in attending.

    Join us if you can!!!

     

    Breakfast at the Cottonwood Restaurant

    Sunday, August 10, 2008 9:00 am.

    Flyers will be handed out after breakfast.

     

    The Cottonwood Hotel

    1-800-321-8213

     

    Star Motel

    406-228-2494.

     

    Contact Montanans For Justice E-mail for more information.  


    7/22/08

     

    The following documents are from the Barry Beach trial. They are divided into individual testimonies and the opening and closing statements. There are a few missing pages from the transcripts that Montanans For Justice is attempting to get. We will update as soon as we get them.

    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.

     


    7/1/08

     

    Montanans For Justice has received official word that the Montana Supreme Court has added Barry Beach's case to their docket. Centurion Ministries has until July 11th, 2008 to compile their 30 page brief to the Court arguing why Barry Beach should be granted a new trial based upon new evidence. The State of Montana, Attorney General's office, will then have 30 days to respond to Centurion's brief. Centurion will then have the opportunity to respond to the State's response. The Court will then finally be in a position to issue a ruling. Centurion Ministries hopes for a favorable ruling to be issued sometime around Labor Day.

     


    5/13/08

     

    Click on the player below to watch the rally using Flash video



    Montanans For Justice has archived the Helena Rally due to the enormous size of these video files. If you wish to watch the Rally, please contact MFJ and we will make arrangements for you to see the video. Thanks for your understanding.

     


    5/12/08

     

    Montanans For Justice held a wonderful rally at the State Capitol Building. Over 100 people showed up despite graduation ceremonies at U of M, MSU and Carroll College! We were treated very well by the General Services Division of the State of Montana (and we thank them kindly for that) and the security at the capitol. We received over 100 signatures on the petition that day and expect many, many more. Print the petition off on your own computer (See Below) and fill them up. Get them back to MFJ by June 15th for the first round. There will be more rounds as we get more signatures.

     


    5/10/08

     

    pdf icon 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.



     
    5/9/08

     

    pdf icon Capitol Rally Itinerary:

    Click this document to view the itinerary for the upcoming "Barry Beach" rally at the Montana State Capitol building on May 10, 2008 at 2:00 PM.






    Click on the player below to watch the MFJ commercial




    4/29/08

     

    pdf icon MFJ's Press Release about Rally:

    Montanans For Justice issued a press release to announce the upcoming Capitol Rally for Barry Beach on May 10th, 2008 at 2:00 PM.


    4/24/08

     

    Montana Capitol Rally!!!

    May 10, 2008 2pm

    Capitol steps, Helena, MT

    Those of you not able to attend can help! Rally on the internet! Write an e-mail to EVERYONE on your address book and raise the awareness of this case. Direct people to this website where they may watch the Dateline NBC show and investigate the case for themselves.

    Rally at the Capitol - Rally on the World Wide Web!

     

    Free Barry Beach!

     


    4/21/08

     

    Montana Capitol Rally!!!

    May 10, 2008 2pm

    Capitol steps, Helena, MT

    Everyone is welcome. Please come if you can!

     

    The rally in West Yellowstone was a success! People from as far as Kalispell and Billings joined in the effort. Many thanks to all who were able to attend and especially to our gracious host. Good food, good conversation, a little snow and a lot of fun. Everyone looked great in their new Montanans For Justice t-shirts. Stay tuned for pictures of the rally and information on how you can get your t-shirt and copy of the Dateline show. MFJ will also announce the date for the Capitol Rally soon, so please check back.

     


    4/14/08

     

    RALLY!

     

    There will be a Barry Beach Rally at the

    Governor's Conference in West Yellowstone, MT, April 17th & 18th, 2008.

    Members of Montanans For Justice will be attending,

    although this is not a rally by MFJ.

    Click below for the itinerary and please note

    the contact information for this rally.

    Join us if you can!!!

     

    Barrie Boulds

    38 Canyon St.

    West Yellowstone, MT 59758

    (406) 640-2893

    bboulds@yahoo.com

    West Yellowstone Rally Itinerary




    4/11/08

     

    We need your help with donations. Help us to help Barry!

     


    4/9/08

     

    RALLY!

     

    Montanans For Justice (MFJ) is in the planning stages for a rally at the Montana State capital building. For updates, please go to the 'How You Can Help' page and fill out the online Roster. This will allow MFJ to contact you.
    If you would like to help with the rally, please e-mail MFJ at montanafjustice@aol.com. Please let us know if you can help in some way or attend. Thank you. MFJ




    4/6/08

     

    Montanans For Justice wishes to thank everyone for their support for Barry Beach. We can make a difference! This issue is NOT over and we will not go away until Barry Beach receives a fair retrial. We need to let our elected politicians know this. Please visit our "How You Can Help" page to see what YOU can do. Please do not hesitate to email Montanans For Justice (montanafjustice@aol.com) with questions, comments, suggestions, or offers of support. We would love to hear from you. As an additional note, Centurion Ministries and Montanans For Justice have incurred debt in the course of their support of Barry Beach and without your help, we could not have done what we have done, nor could we continue. No donation is too small or too large. You will find donation information on this page (scroll down) and the "How You Can Help" page. A donation may be made either by mailing money to the address provided, or using the PayPal 'Donation' link with a PayPal account, check or credit card. Please help us to help Barry. Together, we will achieve justice!

     


    4/4/08

    Click here to watch the Dateline NBC Special

    "The Killing At Poplar River".

    (900+MB download file, .wmv format)




    3/31/08

    According to Dateline NBC Producers, the 2-hour special about Barry Beach

    will air Friday, April 4, 2008 at 8:00 pm, MDT.




    3/31/08

    pdf icon Montanans For Justice Press Release, 3/31/08:

    This document is the press release that Montanans For Justice issued after receiving confirmation of Judge Cybulski's decision to deny Barry Beach's petition for post-conviction relief.

    pdf icon Denial of Retrial Petition:

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




    3/30/08

    pdf icon Helena Indepdent Record article:

    The Helena IR printed this article concerning the Barry Beach case.



    Click here to watch an interview by Tristan Scott

    of the Missoulian of Barry Beach

    (VIDEO)


    &



    Click hear to listen to an interview by Tristan Scott

    of the Missoulian of Barry Beach

    (AUDIO)



    3/25/08

    Click here to preview the Dateline NBC trailer



    3/24/08

    Centurion Ministries has until April 4, 2008 to submit their response to the Attorney General's brief. At any time after that date, the Court will make a decision as to have or not have a hearing on the merits of the case.




    3/20/08

    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.




    3/18/08

    pdf icon MFJ Press Release 3/18/08:

    Montanans For Justice issues a press release to announce the postponement of the Dateline NBC speacial.




    3/18/08

    The Dateline NBC special has been postponed. We do not have a date for the rescheduled time, but we will let you know as soon as we receive that information.




    3/15/08

    pdf icon MFJ Press Release 3/15/08:

    Montanans For Justice issues a press release in response to AG's comments that Barry Beach's case is over because it is procedurally and time-barred.






    3/13/08

     

    As of March 13, 2008, Dateline NBC is in Poplar, MT to complete their filming of the special to air on March 21, 2008 at 8pm MDT.







    Visitors may now donate to the effort to free Barry Beach with a PayPal account or credit card by clicking on the button above or by visiting the How You Can Help Page. Any donation, no matter how large or small, can help and would be greatly appreciated.





    3/12/08

    pdf icon Great Falls Tribune 3/12/08:

    Great Falls Tribune article dated March 12, 2008 about the upcoming Dateline special to air March 21, 2008. It appears the Tribune may have made a mistake on the show time in their original article, but have corrected it here.

    pdf icon MFJ Press Release 3/11/08:

    Montanans For Justice issues a press release detailing the upcoming Dateline NBC feature airing March 21, 2008.




    3/4/08

    The long awaited Dateline feature is here!

    The 2 hour speacial about Barry Beach's plight will air on:

    March 21, 2008 at 8-10pm, MDT.

    Please check back for more details.




    3/2/08

    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.




    2/27/08

    As of February 27, 2008, the State of Montana has requested and been granted a two (2) week continuance to respond to the petition for new trial. The court will not make any decisions on a new trial until this response is received. Keep checking back for updates.




    2/25/08

    pdf icon MFJ Press Release 2/25/08:

    Montanans For Justice issues a press release unveiling their new website.