fbpx

Judge Won’t Step Down in Beach Evidence Case

By Beacon Staff

HELENA – A District Court judge who denied convicted murderer Barry Beach’s petition for a hearing on what Beach calls new evidence in the case, says he won’t assign a new judge to the case.

In March 2008, District Judge David Cybulski of Wolf Point denied Beach’s request for post-conviction relief. Beach is serving 100 years in prison for the 1979 murder of 17-year-old Kim Nees of Poplar.

In November, the Supreme Court said Cybulski’s “skeletal” order did not include the analysis on which he based his decision.

Beach’s attorney, Peter Camiel, says the case goes back to District Court for the judge to decide if testimony given before the Board of Pardons and Parole that appears to link a group of girls to Nees’ death is indeed new evidence.

Another attorney for Beach, Terrance Toavs of Wolf Point, says it will be up to Beach to decide if he wants to appeal Cybulski’s order.