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?
http://www.innocenceproject.org (Comment this)
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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. (Comment this)
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. (Comment this)
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 (Comment this)
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.. (Comment this)
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 (Comment this)
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. (Comment this)
Repeat this out loud so someone can hear you:
I am we todd did, I am sofa king we todd did.... (Comment this)
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. (Comment this)
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>> (Comment this)
Ken Linzey (Comment this)
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 (Comment this)
N.H.T. (Comment this)
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?
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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 (Comment this)
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. (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!!!!
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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!!!! (Comment this)
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!
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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!
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