2008 – 2009: Retrial Petition and Briefs

  • Connector.

    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.

    Montana Supreme Court Decision

  • Connector.

    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.

    CM's Reply Brief To Montana Supreme Court:

  • Connector.

    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.

    Attorney General's Brief To Supreme Court:

  • Connector.

    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.

    Barry Beach's Brief To Supreme Court:

  • Connector.

    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.

    New Barry Beach Petition:

  • Connector.

    Article about Barry Beach in the Missoula Independent newspaper.

    Missoula Independent Article:

  • Connector.

    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.

    Memo In Support of Petition For Retrial:

  • Connector.

    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.

    AG's Memo To Deny Petition For Retrial:

  • Connector.

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

    Denial of Retrial Petition: