On Tuesday the Associated Press reported that the Montana Supreme Court had ruled 4-3 that “a judge was wrong to release Barry Beach from prison two years ago and order a new trial in the 1979 slaying of a teenage girl.”
The opinion from the Montana Supremes is pretty absurd. Barry Beach does deserve a new trial.
The ruling means Beach will probably go back to prison after being out since December of 2011. He had served about 29 years of the 100 year sentence and had been free awaiting a new trial for almost 18 months. Beach found out about the Montana Supreme Court decision from a reporter. This all seems pretty brutal, but that is pretty much the method of operation for the justice system in Montana.
In case you are wondering what this is all about, it started in 1979 when someone killed 17 year-old Kim Nees near Poplar, Montana. Barry Beach was convicted of that deliberate homicide on April 13, 1984. In May of 1984, he was sentenced to 100 years in the Montana State Prison without the possibility of parole. Beach was given a new evidentiary hearing in November 2008 and was released from prison pending a new trial in December 2011. I happened to catch a story about it on Dateline NBC that aired in 2008. I have followed and written about the case since then.
In my opinion, Montanans should face the fact that our state has one of the most incompetent State Supreme Courts in the country. That incompetence seems to trickle down into the state district courts as well. These judges, who are elected to office, are certainly better politicians than they are judges or attorneys and that’s part of the problem with the justice system in Big Sky Country. Shameful is one of the more merciful words I can use to describe the people who occupy these courts.
I have always contended that there are more questions than answers in the Barry Beach case – and that Beach deserved a new trial. If he was found guilty after a new trial, then that would be fine with me, but the young man was duped into giving a confession and the initial investigation had many holes in it.
Barry Beach should be given a new trial to settle the case once and for all.
“Justice will not be served until those who are unaffected are as outraged as those who are.”
― Benjamin Franklin
####
-Read the Montana Supreme Court’s full opinion HERE.
-Read a synopsis of the Montana Supreme Court opinion HERE.
-Visit the Montanans for Justice Website for Barry Beach HERE.
-You can read my commentaries about the case by going to “Categories” on the right side of the screen, clicking on it, and selecting “Barry Beach.”
The Western Word 
Pingback: Link Roundup | Greater Falls!
Pingback: Link Roundup | Greater Falls!
Pingback: Caught My Eye… « The Western Word
I couldn’t agree more about the incompetance of our court system. All the way down to the officials we have here in Sanders County, speaking of your trickle down therory. My son and his ex-wife went to court regarding custody of their pre-school daughter. The judge ordered custody of the little girl to be alternating 30 day increments between parents. The mother had a serious problem with alcohol and drugs. The daughter developed two personalities, one for each home. The crossover was very painful for all involved and the girl was totally confused in how to behave. When school came into play, we spoke to the mom and she agreed to let the girl reside with our son during the school year and her during the summer with visits during each month. I had never heard of such a ruling in defining custody…this confirms it is just Montana but wrong none the less. And back to your topic, Mr. Beach does deserve his new trial.
Barry – I think a lot of the problems start with the judges being politicians. -JMB
I concur. An election is a horrible way to select a judge. Apart from the influence of money, there’s the problem that the best way to win a judicial election is to first win an election as a county attorney. That encourages prosecutors to subordinate good judgment to political ambition. As a result, judicial elections degenerates into “I’ll hang ’em higher than you will” contests.