UPDATE: High Court Strikes Order for New Barry Beach Trial

By Beacon Staff

HELENA – After less than two years of freedom, a Montana man was returned to custody Wednesday following a state Supreme Court ruling that could send him back to prison for the rest of his life over the 1979 slaying of a teenage classmate.

Barry Beach surrendered to the Yellowstone County Sheriff’s Office on Wednesday morning without incident, said state attorney general spokesman John Barnes.

“It was hard enough to be innocent to begin with,” Beach told The Associated Press less than two hours before his surrender. “But to be going back, still innocent, for the second time, is just unbelievable.”

His attorney promised to fight for his release.

Beach has been a cause celebre among influential state and national advocates who say his murder confession in the 1980s was coerced. Years of rallies and calls for his release culminated in a 2011 judge’s order freeing him and ordering a new trial with testimony from witnesses who said 17-year-old Kim Nees was killed in an out-of-control fight among girls.

Beach had started a new life in Billings, with an apartment and a job, after spending nearly three decades in prison for the killing.

Prosecutors, the victim’s immediate family, and others have remained adamant over the years that Beach was guilty, and that he killed Nees after she resisted his advances late one summer on the Fort Peck Indian Reservation near Poplar.

Attorney General Tim Fox lauded the work of attorneys who have worked the case for years to make sure Beach finishes his sentence.

“It was their job to defend a lawful conviction that is many years old, and they did it appropriately,” Fox said. “Their diligent efforts honor the memory of Kimberly Nees and hopefully bring about some sense of closure for her mother, Diane Nees.”

The Lewistown judge’s 2011 ruling said that the new evidence warranted Beach’s release and a new trial. But state prosecutors appealed the release, and no date was set for a retrial.

The state Supreme Court’s 4-3 ruling upheld the original 1984 conviction. Justices said Beach provided details only the killer would know in a 1983 confession given to Louisiana police who had picked him up on an unrelated crime.

Beach had spent part of his last hours of freedom eating breakfast at a diner with the mayor of Billings and other friends. Wearing a T-shirt that said “I didn’t do it,” he told The Associated Press it was unbelievable he could return to prison nearly two years after a Lewistown judge freed him.

Beach said prior to being taken into custody that he still had not had a chance to read the 89-page ruling that restored his original murder sentence of 100 years in prison with no possibility of parole.

Billings Mayor Tom Hanel, who befriended Beach through his employer at a motel and restaurant in the city, said Tuesday’s ruling denied Beach the chance he deserved to prove his innocence.

“It’s a question of whether justice has really been served and if a fair opportunity has been provided,” Hanel said.

Beach’s attorney, Peter Camiel, promised that advocates would keep pushing for Beach’s release. He said the case would not stop at the Montana Supreme Court, and said the case may go to federal courts or even in the U.S. Supreme Court.

“We hope in the future we will be back in front of a judge asking to let him out,” Camiel said. “We have some work to do.”

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