Barry Beach Released on Own Recognizance

By Beacon Staff

LEWISTOWN – After spending nearly 29 years in prison, convicted murderer Barry Beach was released on his own recognizance Wednesday to await a new trial in the 1979 death of a 17-year-old girl on the Fort Peck Indian Reservation.

District Judge E. Wayne Phillips ordered Beach’s release at a hearing in Lewistown just weeks after ordering a new trial for the 49-year-old man.

Following the hearing, Beach changed from a suit and tie into a Washington Redskins football jersey with the number 28. He said the number was symbolic, citing the 28 years and 11 months he has spent in prison.

Beach pointed to his supporters gathered around him and said, “This picture is proof that the United States of America still believes in right and wrong, and when there’s a wrong, you correct it.”

Phillips said there was enough evidence to raise doubts about Beach’s guilt after a court hearing last summer in which witnesses linked Kim Nees’ death to an out-of-control fight among teenage girls.

The state argued for bail to be set at $250,000 after the judge earlier Wednesday turned down the state’s motion to stay the hearing pending its appeal to the Montana Supreme Court.

But Phillips determined Beach has already served more time than most people convicted of similar crimes.

Beach supporters cheered the judge’s decision.

A Billings man, Ziggy Ziegler, told the judge he would provide Beach with housing and a job at his restaurant if he was released.

“My wife and I would be honored to have Barry come live with us,” he said.

Montana Department of Justice spokesman John Doran said state prosecutors do not plan to contest Beach’s release but will focus on its appeal to the state Supreme Court seeking to overturn Phillip’s order for a new trial.

“We have an obligation to defend a murder conviction rendered by a Montana jury against a man who confessed to the most serious of crimes,” Brant Light, a prosecutor representing the state in the case, said in a statement. “This is one more step in a lengthy legal process, and the final word has not been spoken.”

Beach was convicted of deliberate homicide in 1984 and sentenced to 100 years in prison for Nees’ death. He has proclaimed his innocence for years, saying his 1983 confession to Louisiana police about the killing was coerced and that there is no evidence linking him to the crime.

In that confession, Beach said he tried to kiss Nees and became angry when she fought back. He described hitting her with a wrench and a tire iron, then thinking, “Oh my God, what have I done?” after checking her pulse and finding she was dead.