A system of justice or injustice?
We are Americans and we love our country. Most of us are Montanans and proud of it. Knowing that our judicial system is imperfect is not something we are pleased with, but it is something that is very real. The government we elect does not like to admit they can be wrong and has shown that they will go to great lengths to try and convince every citizen that they are infallible. As it pertains to Barry Beach, how do we get our elected officials to admit that they are human and that errors can and do exist? At what point does their awareness of an injustice and lack of action cause a moral dilemma in the job they were elected to do?
Posted by
at
17:00:22
Rudy, Dateline only had two hours to connect the dots.
Just the fact Barry signed 3 separate confessions to
murdering 3 separate individuals while in the custody of
Via and Calhoun should be enough.
My hope is Dateline will do a follow-up; it has been 15
months now and Barry still waits for the Montana Supreme
Court to make a decision. There’s more than enough
to warrant a new trial.
Your imput is important and appreciated.
For those of you who still follow the Barry Beach story there will be a televised interview Wednesday, November 11, 2009 with Barry and his mother Roberta, on KRTV Channel 3 Great Falls. You can also see the interview on the KRTV website at KRTV.COM
Thanks for your support and prayers
After viewing the Dateline program on MSNBC,
I came away with many questions and many doubts
about the officials investigating and
prosecuting this case.
I searched and found information that was glaringly
omitted from the Dateline program, and that said
information offered what I believe is more compelling
evedence that Barry was railroaded in an effort to
protect certain females from prosecution.
why didn’t they disclose that Sissy’s brother
was the Chief of Police at the time? there are so
many connections to those in power with many of the
“players” in this case, that it demands quetions.
very good, look forward to view your other articles
Keep going.Do not entertain fear.
how can you make so nice blog !
Our government will never do the right thing. When it comes to what is better for the citizen as opposed to what is better for the officiel. What is better to that officiel will always come out on top. Also I believe the Montana board of pardons is answerable to no one and that should be changed. These people work for the state and more directly Montana state prison. To believe they would go against a former prosecuter and state govenor to set an innoceant man free, is kinda a stretch.
***MFJ
Barry Beach Presentation
Sunday, August 10, 2008
2:30 pm, Glasgow Fairgrounds
This is not an MFJ event,
but MFJ members will be attending.
Please join us if you can!
Breakfast at the Cottonwood Hotel
Sunday, August 10, 2008, 9:00 am
Flyers will be handed out after breakfast.
The Cottonwood Hotel
1-800-321-8213
The Star Motel
406-228-2494
Contact Montanans For Justice E-mail for more information.
MFJ***
Montanans For Justice has no problem with anyone referring to documents posted on our website: http://www.montanansforjustice.com. However, we cannot allow people to cut and paste large documents that are already available on the website. You may try posting links to these documents in your comment or you may refer to them by name and location. MFJ has removed 1 document from this post that is too large to be posted here. Please keep your comments as comments, not regurgitation of documents that MFJ has already provided. Thank you for your cooperation. MFJ
Watch the Barry Beach rally at the State Capitol Building in Helena, MT on the ‘Latest News’ page of the MFJ website. Also, please print off the petition that can be found there as well and get them signed and mailed back to MFJ. Thanks to everyone.
Barry Beach Rally Itinerary
Montana Capitol Rally!!!
May 9-10, 2008
Everyone is welcome. Please come if you can!
HELENA, MT
Friday. May 9, 2008
7:00 - 8:00 p.m. - Meet at Perkins Restaurant, 1803 Cedar Street, 406-442-5757
Dinner with Richard Hepburn; Richard is Centurion Ministries’ primary investigator for the Barry Beach case.
Saturday. May 10, 2008
9:00 a.m. – 12:00 p.m. - Make posters for rally; hand out flyers around town, place
flyers on cars. Location will depend on weather; call Montanans for Justice Phone 406-465-6761 for location.
12:00 – 1:30 p.m. – Sack Lunch (you bring) at Lockey Park. Take the Capital Street
Exit, when traveling west on Prospect Ave turn South (left) on Lamborn Street, travel 5 to 6 blocks you will run into Lockey Park. This park is close to the Capital Complex and is boarded by Broadway Street and Lockey Ave and Lamborn Street.
1:30 - 2:00 p.m. – Assemble on the front steps of the Montana State Capitol building.
2:00 - 3:00 p.m. - Justice for Barry Beach” rally.
Pre opening–warm up the crowd with some songs
2pm Opening Comments Ziggy Ziegler Former Yellowstone County Commissioner.
2:05 Invocation Father Porter MSP chaplain.
2:07 Review of the Case Doug Lowney Treasurer for Montanans for Justice.
2:14 Centurion Ministries Richard Hepburn, Centurion Ministries’ primary investigator.
2:24 Montana Senator Dan Weinberg from Whitefish.
2:34 Who is Barry Beach Barry’s mom Bobby Clincher.
and sister Barbra Barbara Salinda.
2:44 Call to Action Bob Kolar, Spokesman Montanans for Justice.
2:55 Closing prayer Father Porter MSP chaplain.
2:57 Closing Comments Ziggy Ziegler Former Yellowstone County Commissioner.
3:00 p.m. -? - Discussion on Barry Beach’s Case (Open to the Public) and Dinner/Lunch at Jorgenson’s Restaurant, Back Room 1720 11th Ave (Close to Capital).
Thank you for coming.
Thankyou MFJ in keeping everyone focused in the right direction.
Montanans For Justice does not condone or endorse any attacks on the Nees family or the people of Poplar, MT. Our goal is the freedom of Barry Beach. We will attempt to censor comments that are blatantly offensive to readers concerning either of those parties, although we are not in the practice of inhibiting free speech. We ask everyone involved to focus your comments on how we achieve freedom for Barry. Thank you for your understanding. MFJ
Exactly lets focus on the facts here. The evidence is more than overwhelming and all fingers point to those women who killed Kim. IF this was my family I would not be protecting a name, I would be wanting justice served. I would want to bring my deceased family member some closure and peace. Doesn’t Kim deserve this. Its time as this has gone on to long. It would be nice if the Nees family was to be more involved. That is what i am getting out of all of this.
Lets face some facts here. More people than Barry have said they killed Kim. Others saw more than one person at the crime scene. All evidence points to more than one person killed Kim. And Barry sits in prison, WHY????
Whoever is so mad about this talk, maybe sees that it is to close to the truth. Why is the Nees family not wanting the real killers caught? When the whole truth comes out, will it put a cloud on the Nees name?
57 - Sounds to me like you have nothing better to do than start vicious rumors of someone who is no longer with us anymore! It is he who lost his precious daughter. We want justice more than anyone! You need to go to a gossip blog where I am sure you will be much more appreciated. Montanans For Justice has done alot of positive for Barry and I don’t think they want people like you. This should all be in support of Barry and not in finding fault with the Nees family.
Why is something here starting to sound like Ted Ness found a way to get the daughter’s (Pam’s) boyfriend out of her life? and Marc Racicot maybe owed the family a favor? Tell me this isn’t so!!!
In my opinion, the Nees family as a whole has been through a lot and do not deserve to have anyone bad-mouthing their family on this blog. You should be ashamed of yourself. Asking them for their help is one thing. Demanding it and demeaning them at the same time is terrible. I personally apologize to the Nees family for what that person said. Nobody in the Nees family deserves to have their name smeared anywhere. Yes, all of us would appreciate the help of the Nees family in bringing justice to this matter. That is all that should be said on the subject.
Your right we don’t know what Pam has been thru, however it would be nice to know that Pam is supporting Barry and FIGHTING for justice for her sister. I guess I just don’t see that. Yes I have heard that Stanley Nees was a great person, but I can’t help but wonder just WHO paid off the judge, who paid those men in LA, etc… Besides your not denying the fact that there was a tight relations with Stanley Nees and Marc Racicot are you? I can’t agree more with you in regards to the FBI. Has your family gone to them? If so when? Which office? Because more folks would like to go to the FBI and it might help if they all talked to the same folks or at least the same branch. You know, working in numbers certainly helps the cause. Also if you, Pam or your family have not gone to the FBI and demanded this case to be reopened, maybe now is the time. As far as settling down ….not a chance! not until Barry Beach is cleared of this crime he did NOT commit and not until justice IS served and those responsible are held accountable! So lets hear from the Nees family and get them on board to find justice for Kim’s sake AND get Barry out from behind prison bars! Nobody in thier RIGHT mind can call THIS justice!!!!
Hey! Settle down!!!!!!! I am part of the Nees family also and I don’t care for you to be lashing out at my relatives. Stanley and Ted Nees were two of the greatest people of our community. You know as well as I it is going to take the FBI to round up these cruel morons who took Kim’s life away from her. There has been plenty said to government officials from our family. Maybe all these bloggers can start voicing their opinions and leave Pam alone. You don’t even know what she has been thru!
Justice? If I am reading this right… Ted Nees was Kim Nees father. He was a former council member in Poplar. Ted’s uncle was Stanley Nees who was murdered in 1981. Just to turns out that Stanley Nees and Marc Racicot have had some doings together. On that fact alone I would think that Barry’s attorney would have asked for a “conflict in interest” being that Stanley Nees and Marc Racicot were in politics together. Wasn’t there some shady works of the Nees family????
Where are you Pam Nees??? Lets hear from you!
Your Father and Great Uncle have passed away. Your sister is dead. It seems that Marc Racicot is still haunting you and your family to this day because you do not speak up! Don’t you WANT to find REAL justice for those that actually killed your sister? You can’t simply live life every day KNOWING that THEY still walk free? Do you have children or grand children? How do you explain to them that you simply have done nothing in the fight for justice? How do you sleep at night, knowing that an innocent man has spent 25 years in prison for a crime he did not commit. You know this, but yet you’ve done nothing! You are AS guilty as those girls who killed your sister! Because you are allowing them to continue with this horrible horrible lie! Just maybe if YOU were to demand justice! Just maybe if YOU were to go to the FBI and say “I WANT THE REAL MURDERERS TO BE HELD RESPONSIBLE” Maybe if YOU were to go to the Governor’s office and DEMAND to talk to him and DEMAND that justice be served. Will you let your mother die not knowing the REAL truth too? Quit protecting your father, your uncle and Marc Racicot and start taking care of business! Will you be at the rally to support Barry. Will you be there asking for justice? I watched you on Dateline and my heart broke for you. I really was sympathetic to you and your family. But as far as I can tell - you are doing nothing. If you can’t find it in YOUR heart to do the right thing for YOU or the right thing for Barry! Maybe you should take our your sisters picture again - maybe you should look at her and explain to her WHY your NOT doing anything to bring HER peace. Why you are doing NOTHING to make sure justice is served! Let her know why your letting the likes of Maude Greyhawk and Sissy Atkinson and Joann live normal lives. As far as I’m concerned they killed your sister - but YOUR robbing her of the peace she deserves! So lets hear from you! Maybe it’s time YOU call MFJ or Centurion and said “I WANNA HELP WHAT CAN I DO???” If not - sit back then and be as miserable as those women who killed your sister. because your sister is looking over your shoulder as much as she’s looking over thiers!
GET YOUR T-SHIRTS AND COPIES OF THE COMMERCIAL FREE DATELINE NBC SPECIAL “THE KILLING AT POPLAR RIVER” DVD ON THE WEBSITE UNDER “LATEST NEWS”.
Montana Capital Rally!!!
May 10, 2008 2pm
Capital Steps, Helena, MT
Everyone is welcome. Come if you can!
why is it, that everyone that works out at the montana state prison say he will never get out? do those people who work for the prison know more than us?
#48 - No. They were not connected in any way, but the town of Poplar thought they were, because at this time there was noone ever caught in Kim’s murder. Senator Stanley Nees and two women who rented his basement were murdered in Feb. of 1981. It was his next door neighbor that killed them with an AK47 assault rifle.
Can anyone tell me if Senator Ness’s murder and the two women and Kim Ness’s murder were connected in anyway? Such terrible tragedies for the Ness families. I do hope Barry Beach will receive a “fair” day in court, so far it looks anything but!
I think we should write all of the officials, even if we think they won’t help. Don’t forget to mention in your letter that your vote won’t be there if they don’t take a stand and help. Remind them if they don’t stand behind the written laws, we won’t stand behind them.
(laughing) I voted for Brian Schweitzer too - I won’t make that mistake again!
Maybe what we all ought to do is call Brian Schweitzers office and inform them we are NOT voting for a man who hides behind the likes of Marc Racicot.
ALSO call Mike McGraths office - if he gets enough phone calls from peole saying they will NOT vote for him - just maybe he’ll decide to take care of himself before surrendering to Marc Racicot! AND do the only humane thing and bring clean up the justice system!
I’ve written to Max. I think others should too. I would think you should write to every single person you can think of. The problem is if they only get one letter from some sympathetic soul they are going to treat it as just that. But if they recv volume of mail THAT gets someones attention. So write to every single person that comes to mind. Your absolutely right - Marc Racicot will NEVER assist in anyway to turn this around, he will never ALLOW this to be turned around. I personally think he is paying people off! That’s the kind of person he is! He is a Corrupt Politician that leaves a stench anywhere he’s just been! And Mike McGrath is hiding behind Marc and so is Brian Schweitzer! Spineless!
Mike McGrath is running for Attorney General - if he gets in then Barry has no chance of ever getting out. However Lee Bruner is running for Attorney General. I’ve emailed him and he did respond saying he hasn’t had a chance to read the entire email but definetely will and will get back to me.
You can email Lee Bruner at lee@leebruner.com or write to him at PO Box 4964, Butte, MT 59702
You can telephone Max - Washington DC office
202-224-2651
Helena Montana office
406-449-5480
You can “google” him and send him an email thru his website - just go to “contact us”
I emailed him and never did get a response, but that doesn’t mean he didn’t get it.
FLOOD the emails and make phone calls. Maybe they’ll get tired of hearing from us and DO something!
Would it do any good to contact Max Bacus?? I am not sure but I have heard that he is an remarkable person. At this point I would think anything or anyone could help that is if they are honest. Raciot will not ever let this be turned around and the truth be allowed to set Barry free with out the help of someone who is not afraid of him or to stand up against him! Schweitzer is not the guy, he is no better then Racoit and that he has proven as Barry is still in Prison for something he did not do.
Google Mark Racicot corruption - up pops 12,000 hits. This man is really something. He has a history of being corrupt.
You can’t tell me that Mark and Judge Cybulski didn’t have it worked out. Sentence Barry to 100 years withOUT parole to keep him quiet. We need to be Barry’s voice!
Come on people - we need to unite around the country and get this man investigated. contact the FBI DEMAND justice - DEMAND they investigate Marc Racicot.
Let’s not just “blog” thoughts and ideas. If you really truly want to help Barry, we have to get Marc Racicot out of the picture. The authorities higher up are afraid of Marc. THATS why Barry is continually denied.
Are we going to sit back and be quiet? Are we going to let this continue any further. You google him and read it and tell me you dont’ get worked up just reading the corruption and stench this man portrays!
CALL or WRITE NOW!!!!
IDEA: Dateline set the stage for the American public to HEAR and SEE some of the case. But there are to many questions that the folks around the country wanting answers for . I think they should get 20/20 to do a follow up now. More coverage! More intense interviews. I’d like to see them interview the following:
Ask Steve Greyhawk just what he was up to and the same with Sissy’s brother
Ask Governor Schweitzer why he hasn’t stepped in and taken care of this matter and what he intends to do?
Ask Marc Racicot WHY he would mislead a jury the way he did?
Maybe even interview Clinton and Obama and ask them just what they intend to do if anything if they are elected? We know that McCain won’t do anything - for the love of God he’s a Republican and so was Marc Racicot and Marc was very close with Bush and so we know why Bush hasn’t’ stepped in.
Interview the FBI who apparently were involved?
We need more coverage on this case - more national coverage.
It’s an election year and would be a GREAT time to put some of the politicians in the “hot seat” and ask questions!
Nobody does it better than Barbara Walters or Diane Sawyer!
If they can keep the media going - and get more people to watch something like 20/20, it would spark more interest.
I think we should all write to 20/20 and ask for a follow up to the Dateline investigation!!!!
For those of you who would like to help from a distance, don’t forget to donate to this group. I have. They are doing all they can to free Barry Beach and need financial assistance to continue their work.
Well, it appears that his mother is one of his best advocates as she calls him her “hero”, so I take this comment regarding his conduct when he was 20 years old with a grain of salt, at best. Perhaps we should incarcerate all of the 20 year olds that have emotional problems for life. I had “emotional problems” when I was younger, and I have never been in jail or committed any crime, let alone any that would land me in jail. Quite the contrary. Yes, this comment is intended to appear sympathetic as it passive-aggresively assaults the character of Barry Beach based on behavior that occurred 20+ years ago. Yes, thats a good reason to keep someone in jail for a crime that they did not committ.
I agree. We need to <u>BOYCOTT</u> Montana and Montana products throughout the United States until Barry Beach is given a fair trial. If he is found guilty again, the issue is dead and everyone goes away. Not guilty, justice is served and everyone goes away. Smart move Montana. Why don’t you try this instead of the redneck/hillbilly tactics you have utilized thus far?
I don’t work for the Government.
I believe the parole board knew, or the State of Montana knew, what the outcome was before the hearing started. Montana would never have allowed the hearing to take place with the relaxed rules, unless it knew what the outcome would be. Remember the people are picked by the governor.
I think it took 3 weeks for some on the board to be reminded how they were going to vote. I believe the e-mail decission was sent out, because if they would have had a press conference, there might have been a slip up and the public would know that not all on the board believed this in their hearts.
This makes things a little more puzzling.
Many of us, who attended every minute of the parole board hearings met with and visited with the members of the parole board hearings in the halls and such during breaks. They would say things in and out of session leading many of us to believe that they were leaning toward releasing Barry in some way shape or form.
The clincher, no pun intended, was at the very last hearing, when Curtis Vance told Roberta Clincher, who is Barry’s Mom, that she would be very pleased in the outcome of this hearing. Then three weeks go by and we here a stunner. Remember, that they had led myself, and a number of others that attended, that Barry would be released in some way, shape or form.
Then we get an e-mail, that is the opposite of what we were led to believe. What a slap in the face for Barry’s Mom. Someone got to the Parole Board in that three weeks.
So the question of the year is this. Do any of you know what happened? Maybe you work for the BOPP, or AG’s office or the Governor’s office. We would love to know what happened.
Signed
Dwiddle Dweebe
In his Dateline interview Marc Racicot stated that his prosecution of Barrry Beach was ethical. It has been well documented that Mr. Racicot overstated the probative value of the pubic hair. Although not admitted into evidence, Racicot made sure tht the jury heard about it.
However there is more. Let us examine two statements in his closing argument in which Racicot actually misstated the evidence that had been presented to the jury.The first example is the garbage bag. Sheriff Mahlum and Racicot made much of the fact that when Barry confessed to using a garbage bag to drag the victim to the river, this explained the lack of blood on the drag tail. In Beach’s confession at the bottom of page ten and the top and middle of page eleven is the following dialogue:
Officer Calhoun: “Did you put her in the bag head first or feet first?”
Beach: “Feet first.”
Calhoun: “If I understand you correctly, you had her feet first in the bag with her knees folded and it was up to underneath her arm pits.”
Beach: “Yes, sir”
In his closing argument (p.898 of trial transcript), Racicot said, “The defendant , in his statement told about putting the garbage bag over the head and shoulders of Kim Nees and obviously there would be no blood along the drag trail.” This misstatement (lie) helped to validate the confession in the eyes of the jury. It should be added that no garbage bag or remnants of such a bag was found at the crime scene. In interviews with Kim’s father, mother and sister, none of them could confirm the presence of such a bag in the truck. Perhaps Barry made it up, perhaps it was fed to him.
Another example of Racicot’s deception centers on the tire iron. One of the things that the prosecution used to validate the confession was the fact that Barry mentioned a tire iron as one of the weapons used to bludgeon the victim. In the direct testimony of Kim’s father, Ted Nees, the following dialogue occurred:
Racicot: “I show you what has been marked as State’s Exhibit #25 for illustrative purposes and ask you if this, in fact, is similar to one of the lug wrenches that you had in the pick-up truck?”
Mr: Nees; ” Yes, it looks identical to the one I had.”
Racicot: “Did you receeive this lug wrench or one like it from the sheriff’s office?”
Nees: “I didn’t remember it being missing, so I don’t remember whether I did or not”
In his closing argument (p.898 of transcript) Racicot said, “Ted Nees testified that there was such a tire iron in his truck AND THAT IT WAS MISSING.” Once again, the confession was validated and the jury mislead.
Since Racicot had no evidence against Barry except the confession, it was crucial that it be validated. If this is an example of an ethical prosecution what would an unethical prosecution look like?
I WOULD LIKE TO KNOW HOW MUCH THE BOARD GOT PAID TO COME UP WITH THE VERDICT.not event parole I cant beleive how much the cops and elected officials are trying to keep him behind bars they know they are wrong its just that none of them are man enough to admit it.This is ludacris, the biggest case of injustice i have ever seen and its driving me crazy to me its seems like we have a buch of little kids running for goverment. these are the people we are supposed to look up to? are you kidding me i wouldnt look up to those ppl if my life depended on it.Man up you pussys and admit your wrong, i just cant believe it. their is definitly reasonable doubt and its just messed up, it just goes to show when the government wants something they get it no matter what they have to do legal or illegal.ITS JUST SICKNING!!!!!those girls are so guilty its an embaressment to america and the justice system that they are still running free. i cant even put in words how this whole SCAM makes me feel.Id be willing to bet that even if someone came forward and admited to killing kim nees, nothing would happen, the evidence would get lost or destroyed just so the world wouldnt know how bad they F***ed up.IM DISGUSTED AND CANT BELIEVE THE PEOPLE WE HAVE RUNNING THIS STATE THEIR THE ONES WHO SHOULD BE IN JAIL, CROOKS.
I want to know what we need to do to open the eyes of our elected officials. Regardless if (and that’s a serious IF) Beach is guilty or not there has been an injustice in our justice system and obvious misconduct on Racicot’s part which should have led to a mistrial at best! It is a sad day for Montanans- this is what the ppl in the south must have felt like when they spoke of corruption in there judicial system
I too watched the Dateline special. I was born and raised in Montana and urged many to support Mark Raccicot for Governor. I felt appalled by how Racicot handled himself on the show. I can sympathize a little I guess. The system of Justice does have to protect itself in order to work. But, we as a society must also have a way to correct a wrong, even when every “legal system” door has been hut behind us. It would be so easy if one of the peolpe involved in this murder would step forward, if their conscience finally won the horrible war going on inside them (did you look at sissy Atkinson face, WOW). BUT if none of the guilty come forward it does not relieve the system from doing the right thing and letting Beach out of prison—maybe at least give him a new trial. Shame on you Mark Racicot for alluding in your statements at trial about evidence (the hair) that couldn’t be used AND shame on you again for discounting Barry’s sister now. I am ashamed I supported you!!!! I also am convinced present Attorney General Mike McGrath is not the man Montana needs for Supreme Court Chief Justice. At least I have another vote to use there
I too watched the Dateline special. I was born and raised in Montana and urged many to support Mark Raccicot for Governor. I felt appalled by how Racicot handled himself on the show. I can sympathize a little I guess. The system of Justice does have to protect itself in order to work. But, we as a society must also have a way to correct a wrong, even when every “legal system” door has been hut behind us. It would be so easy if one of the peolpe involved in this murder would step forward, if their conscience finally won the horrible war going on inside them (did you look at sissy Atkinson face, WOW). BUT if none of the guilty come forward it does not relieve the system from doing the right thing and letting Beach out of prison—maybe at least give him a new trial. Shame on you Mark Racicot for alluding in your statements at trial about evidence (the hair) that couldn’t be used AND shame on you again for discounting Barry’s sister now. I am ashamed I supported you!!!! I also am convinced present Attorney General Mike McGrath is not the man Montana needs for Supreme Court Chief Justice. At least I have another vote to use there
Ok I usally don’t Blog, but I feel I have to on this one. I am a Montana native and I had never heard of this case until tonight on Dateline. I was pretty young when this happened in 1979. I left Montana in 1991, but I am always bragging to people that I am originally from Montana and telling them how one day I hope to move “home”. But now I am embarrassed to even say I am from Montana. Boy, people must really think that Montana has no justice. Like I stated above I had never heard of this case until tonight and just what I have learned in this short of a time period I am convinced that Barry is innocent. This case is really showing how backwoods and redneck the justice system in Montana really is. It make us look like fools. Makes you wonder how many innocent people in MSP are there. Come on people there is NO evidence against Barry other than some crooked Louisiana cops (and I know for a fact they are as I have lived there and seen it first hand also)who made up a story to get some short lived fame. This is ridiculous why wont Montana let them retest the bloody palm print? To me this sounds like they are SCARED it may reveal something they do not revealed (their own incompetence). That right there will prove who was at the scene. Come on Montana justice quit looking like hillbillies and do the right thing and let this man prove his innocence and put the REAL KILLERS behind bars.
It’s pretty obvious that the father of one of the killers, a policeman at the time, altered the case by breaking into the evidence room. This is nothing but a cover-up and the wrong person is behind bars. They should lock-up all those who took part in prosecuting an innocent man. They are just as guilty as the killer(s).
There has certainly NOT been enough evidence that has presented to convict Barry Beach beyond reasonable doubt. The murderer of Kim Nees killed her in an aggressive, sloppy manner. No weapon, no direct evidence tying Barry Beach to the scene should lead a reasonable person to believe that there is a question of his guilt, and a truth of innocence. Innocent or guilty, this story needs to be put to bed. Jonny Cochran could get Barry Beach out of prison. Since he is dead, Barry will most likely meet his maker in PRISON.
N.H.T.
This is just a typical example of a major flaw in our judicial system. Law enforcement, judges, and government attorneys have too much power. It is clear by the evidence that major criminal activity by those entrusted to protect the public is rampant. All those involved with this false prosecution and conviction are the ones that should be serving a 100 year sentence. Not only have they concocted a false case against Beach, but they let the real killers remain a threat to society. Unfortunately, our laws protect the law enforcement (judges, attorneys, and police) and they can do just about anything they want including the obvious. What we need is non-political oversight. Good luck with getting that though. Corruption abounds. Just as our Constitution has been relegated to the toilet by the current crop of politicians, real justice has been quashed.
Mr. Linzey,
This website is not a victim’s help website. There are numerous websites for the victims of crime. Yet, this website is about two victims: Kim Nees - What about her? Do you care? Her murderers still walk free. Her family and her soul have no rest until there is justice in this case. Second victim is Barry Beach. He is a victim of injustice. He has spent all of his adult life in prison. 25 years! What about his suffering? Do you care? Would you care if it were you in prison for THE REST OF YOUR LIFE for a crime you could not have committed? If you are looking for a website that caters only to victims and hates everyone else, there are a lot of them to look at…then maybe you should look for some healing of your own. This is not the website you are looking for, unless of course, you can see that there are victims of all kinds and stand up for the victims in this case. We are all victims of something. This website, as I already stated, is for two victims. Let us give them their justice and their due.
- A Beach Bum
To all the victims of crimes. I hope to find a website that caters to your trauma that you have had from all the other INNOCENT CONVIVTED felons. It is too bad that only the less than desireable people get all the help. It is about time to listen to the victims and see what they have been going through after a crime was comited on them.
Ken Linzey
I am not surprised at Cybulski’s decision…He is part of the ‘good ol’ boys’club…he is a piece of work and should be ashamed that he didn’t stand up and do the right thing. I am ashamed to be from that part of Montana right at this moment. I have personally been in Cybulski’s courtroom and he changes the laws as he sees fit, tears families apart and shows no remorse for not doing his job. Not a man, not a man at all. Barry you are in our prayers!!!
Isn’t it amazing that Cybulski’s wife just got off scott free. Yeah, we know all about Cybulski’s justice up here. Justice for ‘just us’ — meaning him and his family. The rest of us can go to hell as far as he is concerned. I guess I would be a drunk too if I had to live with him. He lives just up the road. He knows Barry is not guilty. Everyone does.
Judge Cybulski, you should be ashamed, what about YOUR WIFE DRIVING DRUNK ON THE WRONG SIDE OF THE HIGHWAY???? You say you are a judge??
You need to remove yourself from anything to do with the law, it is clear that YOU are not what the law stands for, TRUTH< JUSTICE> you are out to protect those who have been the cause of this… and many other injustices on this reservation… I thought you may have had the balls to be a man, a fair and just man, but you make my child look more like a man than you.. another disgrace in Montana, by a Montanan,,, you have got to know one day one way the TRUTH will be out and now YOU are part of the LIES AND COVER UP>>
Judge Cybulski,
How can you state that “the primary responsibility of the prosecution is to see that justice is accomplised” and “seek justice and not simply convictions” and not see that the prosecution has not done a responsible job?
The evidence clearly shows more than one person was involved in this murder. Why has no one else been brought to justice?
I ask that you support all efforts to have the murder case of Kim Nees reopened and all parties involved in her murder be brought to justice. There is not a time limit on prosecuting murderers or those aiding and abeting murderers.
Hey Judge Cy(bull-s#%t)ski,
Repeat this out loud so someone can hear you:
I am we todd did, I am sofa king we todd did….
The Datelaine NBC 2-hour special will air this Friday, April 4, 2008 at 8pm MDT. Please don’t miss this national coverage of terrible injustice in our own state.
Wow! Check out the preview for the Dateline show. They have a link under “Latest News” and on the NBC icon on each page.
We The People have the right to demand the government do its job. We The People have the right to remove elected officials from office for not doing their jobs. It is time that We The People hold government officials accountable to do the job they were elected to do.
Go to the State of Montana web site, read their job descriptions and then demand they do there job or be removed from their office.
PS: The Governor is also not doing his job.
Yeah, let’s see our government actually do its job. What a concept!!
Attorney General McGrath,
As part of your elected posistion, it is your responsibility to bring ALL PARTIES involved in a crime to justice. The evidence clearly shows more than one person was involved in this crime. I am asking you to reopen the investigation into the murder of Kim Ness and bring ALL PARTIES involved to justice.
I personally belive Barry Beach is innocent. The best way to prove that is to bring the ones that were involved to justice.
Thank you,
A Concerned Citizen
Dwidle,
Now you understand how corrupt this whole thing has been, Mark Rasciot is a corrupt man, he has had drug rings all over the hi-line, he has sent more than one man to prison in his attempt to “clean up the hi-line” while he is the biggest dealer ever to be on the hi-line…
He is one of the poorest excuses of a human being I have ever met in all my life, just looking at his “bird beak” nose reminds me of all that he has done and continues to do… and it appears that our current Governor is afraid of him.. If Brian Schweitzer was half the man I THOUGHT he was when I voted for him…. well I know now, he is a coward and will stand behind whomever to protect this vast miscarriage of justice… he will not get my vote and not that of any of my family who are on 3 of our reservations…. how sad..
I was there when Racicot testified at the hearing.
I used to think he was a good man. I even sat next to him in church for years.
Then I saw him in action at the hearings. The Parole board took on a whole different light.
They ruled the hearing like a clock until Marc entered the room then all of the Parole board members melted like little babies. He could do and say anything, and he did.
He was pampered and I saw the old Sheriff of Poplar and the detectives in the hall slapping each other on the back, the whole thing made me loose respect for our system. It was like a Kangaroo court.
So sad, so sad, In the United States, mmmm, maybe. In Montana, I would have never believed it, then I saw it with my own eyes. I lost my innocence on that day. So sad, so sad.
Dwidle Dweebe
Mr. Racicot:
Why are you so angry about this case? I just read your testimony to the Board of Pardons (BOPP Volume II Transcripts, Pages 767-804). You seem very angry and defensive. Are you afraid of ruining your reputation? Let me tell you, that is already ruined here in the State of Montana. Maybe you could improve your reputation by doing something honorable. Admit that there is good evidence showing that Barry Beach is not the killer. Your justifications to the Board of Pardons is weak and just a play on words. I think it even comes across that you don’t believe what you are saying. I might actually think you are decent enough guy if you tried to make right this terrible wrong instead of hiding and trying to justify your actions. Until then…well, I think it is evident how I feel.
Popele are afraid of the truth because it makes someone else guilty of murder. Fact is, half the people in Poplar are related to the kids that did this. People there just want to forget about it. But none of us can forget about it because we know who did it and they are still walking around free. When they are in prison and nobody has to see them anymore, then we can forget about it and heal. And the Nees family can heal. Not until then.
I believe this is another attempt to get us all to shut up and drop this. Dragging up things that are not related to the case does not provide any evidence that Barry is guilty. Whether the things you mentioned are truth or lies, I don’t care as they are irrevelent to the case.
If you are, in essecense, threatening to slander people involved in freeing Barry, I believe your efforts are useless.
WHY IS EVERYONE SO AFRAID OF THE TRUTH IN THIS CASE? What is it that they want to keep hidden? Show me some evidence that Barry is guilty, for I believe he is innocent.
It is this type of thinking that makes our justice system so unjust. It is obvious that Barry did not kill Kime Nees. You don’t say that he did. Yet, you think he should remain in prison for the rest of his life because he had problems? Violent outbursts? So what if he did? Shouldn’t Mike Tyson be in prison for life as well if we follow that line of thinking? How many other people? We don’t send people to prison for emotional problems. I am not even saying Barry has or had emotional problems. I am saying that he does not deserve to be where he is at because you think he has emotional problems. And you are wrong about Poplar support. There are a lot of people in Poplar that want Barry out of prison and the real murderers locked up. The only just justice is to release Barry.
I believe this also, they do not want to admit they mada a mistake and they sent an innocent man to prison for so many years and also they do not want to jepordize their careers by admitting they made a mistake. So many women admitting that they killed the girl and no one is listening.
I have read the facts surrounding this case and I have come to believe that Barry will die in prison. Sorry, Barry, but from what I read about your conduct toward your parents and step-parents you have serious emotional problems. Don’t think that people in Poplar are sympathic to your situation. (***MFJ***Part of this comment has been deleted for inappropriate content. Comments containing offensive language or context will be removed. Offensiveness is at the discretion of the blog author, Montanans For Justice. Thank you for your cooperation.***MFJ***) We do and we send our sympathy and wish you the best of luck in your defence.
How can a normal citizen become involved with getting the next legislative session to hear a bill on allowing the governor to have complete authority when it comes to pardons? Anyone know?
I think it is likely there will be a move in the legislature to allow the Gov to overide the parole board in cases such as this, once this sordid tale comes to light. I hope Governor Schweitzer himself starts this ball rolling.
I think it is wrong that our State law says that the Governor cannot grant a pardon to Barry Beach no matter what evidence is presented because the board of pardons denied him. MCA 46-23-301(3) says that he could only do so in a capital punishment case. Since Barry does not have the chance of parole, isn’t that the same as a death sentence? No matter what, there is far too much evidence showing Barry Beach is innocent. Governor Schweitzer needs to step up to the plate and use his office to do what everyone knoes is right instead of hiding since he is up for re-election. I won’t vote for a man who can ignore this.
Might I suggest seeking help through:
http://www.innocenceproject.org
I believe we need to obtain the support of elected officials from other states. Not every potitician supports Racicot.
Agree with the above that Racicot and possibly even Republicans like Bush would not want Beach to go free.
We need to understand that once this grave mistake was made, there are powerful forces at work to sweep this whole affair under the rug as quickly and as quietly as possible and keep it there. Those who investigated and prosecuted this case have a lot at stake. Politicians will not want to acknowledge that something went wrong under their watch. The “system” will not willingly admit this kind of a mistake.