Let us examine the evidence
There is so much evidence in this case that it would seem that a positive identification of the murderer would be an easy task. Yet, none of the physical evidence in this case points toward the man incarcerated for the crime. How do we (as a system of justice) find the person(s) whom the physical evidence does reveal? What evidence can be used?
(Comment this)
MYSTERIOUSLY THEY (COPS) SAY THIS WAS ON KIMS SWEATER..THE FBI REPORTS SAY THE OPPOSITE..THERE WERE ONLY KIM AND HER PETS HAIRS ON THE SWEATER...
(Comment this)
- The Beach Bum (Comment this)
From: MSN Nicknamegiveacare1 Sent: 3/25/2008 7:13 PM
There seems to be more to the story then any one is really letting on...the name I keep seeing is Maude (GrayHawk) Kirn, she as I know is very poisonious and has venom when she strikes. Word is...not only is she responsible for one murder but also for 3. The other two are Dana Kirn (very liked man, hard worker, family man) her husband and Joseph Cloud Boy (who she purposely took down to the New bridge the night he got killed knowing that MB was there). Seems she likes to hit with objects ask Mary and Judy Reddog rumor has it that she took a bat outside of brockton bar and broke it on Mary's head. People read the autopsy report the bruising on Kims arms are a set of 2 different hands that drug her, the foot print was small for a guys. The only wrong Rose Atkinson did was be friends with a poisonious snake. (Comment this)
Wow, look what I was just sent.
It appears a Chicago Law Prof disagrees with the Judges ruling yesterday.
Interesting.
http://lawprofessors.typepad.com/evidenceprof/2008/04/lifes-a-beach-b.html
Dwiddle Dweebe
Wow
check this guy out
http://lawprofessors.typepad.com/evidenceprof/2008/04/lifes-a-beach-b.html
(Comment this)
April 1, 2008
Life's A Beach: Barry Beach Case Involves Interesting Statement Against Interest Issue
The case of Barry Beach has been a long strange trip which could probably be fodder for several months worth of posts on this site. Today, I will only focus on one. In 1984, Beach was convicted of the 1979 murder of seventeen year-old high school valedictorian Kim Nees on the Fort Peck Indian Reservation in Montana. Here is a brief recounting of the details of the case. Around 7:00 A.M. on June 16, 1979, two tribal police officers went to investigate a truck parked on a bluff overlooking the Poplar River Bridge. They saw blood inside the locked vehicle and a clump of bloody hair on the ground. Following a drag trail, they discovered Nees partly submerged, face up in the river.
The murder went unsolved for several years, until the then twenty year-old Beach, who was living with his father in Louisiana, was arrested for contributing to the delinquency of a minor in January 1983. After being held in jail for three days, two officers questioned Beach for hours, trying to link him to the abductions and deaths of three young local women. Eventually, Beach confessed to these Louisiana deaths and the murder of Nees four years earlier. According to the reported confession, which can be found here, Kimberly Nees was the sister of Beach's girlfriend. One day in the victim's truck, Beach made sexual advances on Kim and got angry and strangled her when she resisted his advances. Nees then escaped out the driver's door and Beach came around the truck and hit her with a crescent wrench. He then dragged her body and pushed it over an embankment. Finally, he returned to the truck several times to cover his tracks, throwing evidence into a river
Beach's confession to the Louisiana murders didn't stick and other suspects were eventually arrested for them (Beach apparently wasn't even in Louisiana at the time of the murders). About one year later, however, Beach was convicted of Nees' murder and sentenced to 100 years imprisonment without the possibility of parole in large part based upon his confession. Beach subsequently lodged several appeals, but none were successful. Beach's cause was then taken up by others. One such group is Montanans For Justice, a group of Montanans concerned about the Beach case, which has a website detailing the problems it has with the evidence in the case. According to the group, inter alia, Beach's confession was coerced and inconsistent with the crime scene evidence, the evidence was mishandled, and a bloody palm print found on the victim's truck doesn't match Beach or Nees. Apparently, the New Jersey based innocence group Centurion Ministries also took up Beach's cause, filing a petition seeking a new trial for Beach, which can be found here. The petition was based in large part on alleged statements made by a group of young girls and others which implicate the girls in the murder and exonerate Beach. The State, however, opposed the motion, and a district judge in Wolf Point denied the request yesterday. Beach's attorney has vowed to appeal the Supreme Court of Montana and then possibly go to federal court.
At first blush, I'm not quite sure what to think of the case although it seems like there is a strong possibility that Beach is wrongfully in jail, much like in the Tim Masters case. I think that I will have a better sense of things after a Dateline special on the case airs on Friday. As I noted, though, I only want to focus on one issue in the case, and that is the issue of how courts should determine the admissibility of statements against interest that incriminate the speaker and exonerate the defendant. As noted, the petition for a new trial was based, inter alia, in large part on alleged statements made by a group of young girls, including Maude Grayhawk, which implicate the girls in the murder and exonerate Beach. According to the petition, Grayhawk made repeated these statements to several people on various occasions.
The question is whether these statements are admissible under Montana Rule of Evidence 804(b)(3), which indicates that when the declarant is "unavailable" to testify at trial, "[a] statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another or to make the declarant an object of hatred, ridicule, or disgrace, that a reasonable person in the declarant's position would not have made the statement unless the declarant believed it to be true" is admissible as an exception to the rule against hearsay. However, "[a] statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement." Now, there are many questions in the Beach case that need to be resolve before even reaching Rule 804(b)(3), such as whether Maude is unavailable and whether Beach's appeal was timely.
Assuming, however, that these requirements are met, we are still left with the questions of why we have the "corroborating circumstances" requirement in this one circumstance and how it is satisfied. According to the Advisory Committee Note to Federal Rule of Evidence 804(b)(3), this requirement is in place because there is "distrust of evidence of confessions by third persons offered to exculpate the accused arising from suspicions of fabrication either of the fact of the making of the confession or in its contents." In other words, we don't want a defendant to be able to achieve acquittal by getting a friend to admit to the crime, which is why corroborating circumstances are necessary.
When, however, do such corroborating circumstances exist? According to the petition for Beach, they existed because Maude repeated her statements to several people, but according to the State, this was an irrelevant or insufficient factor. Personally, I think it is a very relevant factor and agree with the five part test laid out by the Fourth Circuit in United States v. Lowe, 65 F.3d 1137, 1146 (4th Cir. 1995), which considers:
-(1) whether the declarant had at the time of making the statement pled guilty or was still exposed to prosecution for making the statement (here, Maude was still exposed to prosecution);
-(2) the declarant's motive in making the statement and whether there was a reason for the declarant to lie (as far as I can tell, there was no reason for Maude to lie);
-(3) whether the declarant repeated the statement and did so consistently (obviously, this is the lynchpin to the petition's argument);
-(4) the party or parties to whom the statement was made (the statements were made to family members and friends);
-(5) the relationship of the declarant with the accused (apparently, they weren't friends); and
-(6) the nature and strength of independent evidence relevant to the conduct in question (according to Montanans for Justice, the evidence against Beach is weak).
Again, this discussion is based upon a very rudimentary understanding of the case, and other issues may preclude this stage of the analysis from even being reached. Assuming, however, that this stage of the analysis is reached in Beach's subsequent appeals, I think he has a strong argument that all six factors are in his favor, allowing for the admission of Maude's statements.
(Comment this)
Where are the keys to the pickup? The river has been searched. Did someone keep the keys as a souvenir? Do they still have them?
Who would remove the purse and sweater from the pickup? I assume these were in the truck when the attack occured. Or, was Kim wearing the sweater and removed it prior to an altercation? I read there was a bloody handprint on the purse; this makes me believe it was moved after or during the altercation. Who moved it? Watching over ones purse and sweater is a "girl thing" and so is trusting someone with the keys to the truck. "Here hold my purse, sweater, and keys while I take care of this!"
I appears to me, more than one person had to be present when Kim was killed. (Comment this)
Someone needs to start putting the screws to the politicans and cops who fabricated this crap. This is just ludicrous. Punishing an innocent man to protect political positions is beyond egomaniacal behavior. It's as amoral as it gets. No wonder so many people have lost their trust in law enforcement. (Comment this)
THE STATES SMART, THEY KNOW THAT THEY COULDN'T WIN IF THEY PRESERVED THE EVIDENCE, THEY CONVENIENTLY LOST ALL OF IT. I COULD MAKE A LIST OF THE EVIDENCE THE STATE HAS LOST, BUT YOU HAVE ALL HEARD ALREADY, ON THIS BLOG.
DWIDDLE DWEEBE (Comment this)
Montana exoneree settles civil suit, calls for review of faulty forensics
Posted: January 14, 2008 11:10 am
Jimmy Ray Bromgard, who was exonerated in 2002 after spending more than 12 years in Montana prison for a rape he didn’t commit, settled a civil lawsuit with the state of Montana on Friday for $3.5 million, according to press reports. He sued the state and several officials in 2004, alleging that negligence by officers and officials led to his 1987 wrongful conviction.
Bromgard was convicted partly based on the false testimony of forensic analyst Arnold Melnikoff, who said hairs from the crime matched Bromgard and cited fabricated statistics on the stand. In a statement Friday, Bromgard said the state should review all cases in which hair evidence led to conviction, in case more innocent people remain behind bars.
"I urge the attorney general to appoint an independent examiner to conduct DNA testing on the hairs in every criminal case in which Melnikoff declared a match," Bromgard said in a statement released by his attorneys. "DNA and the truth set me free. The state of Montana should not be allowed to ignore its duty to seek the truth in all of these other criminal cases."
Read the full story here. (Seattle Post-Intelligencer, 01/12/08
The plot just cant get any thicker.
Please also consider givng to Centurion Ministries. I have already posted this elsewhere but it bears repeating.
http://www.centurionministries.org/donations.html (Comment this)
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!!!!
(Comment this)
This is evidence! This is not some trophy to brag about!
I'm just curious if you reported this and to who and how was it handled?
If you haven't, then I suggest that you go to the FBI. Don't have faith in the law enforcement in Poplar. (Comment this)