Is The Confession Admissible?
Colin Miller, a professor at the John Marshall Law School and editor of the Evidence Prof Blog http://lawprofessors.typepad.com/evidenceprof/, has done some research into the Barry Beach case and determined that the transcript of Beach's alleged confession to Louisiana authorities possibly should have been excluded at his trial and might be excluded should he be granted a new trial. Miller argues that there is a reasonable argument that the tapes of Beach's confession were lost in bad faith, precluding the introduction of the transcript into evidence. You can find all of Miller's thoughts on the matter at the Evidence Prof Blog:
http://lawprofessors.typepad.com/evidenceprof/2008/04/previously-i-bl.html
Tell us what YOU think.
http://lawprofessors.typepad.com/evidenceprof/2008/04/previously-i-bl.html
Tell us what YOU think.
May 10, 2008 2pm
Capital Steps, Helena, MT
Everyone is welcome. Come if you can! (Comment this)
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Here you have detectives with a track record of obtaining false confessions, with credible allegations of psychologically coercive interrogation tactics, conveniently losing the actual taped confession which would have been highly revealing of Barry Beach's state of mind during his confession and would have truthfully preserved his exact words. As we have it, we have to rely on the word of the Louisiana detectives that the confession is a faithful record of what Barry actually said and how he said it. These same detectives perjured themselves in the original trial when they testitifed that Barry had confessed in the presence of his attorney -- a lie that was not rebutted until his attorney read about it AFTER Barry's appeal had been ruled on by the 9th circuit court in online documents and immediately gave an affadavit attesting otherwise. Dateline NBC reported that the confession had been transcribed by detective Jay Via himself. If true, only more doubt is cast on the validity of Barry's confession.
The confession should be inadmissible not just because of clever lawyering. It should be inadmissible because it's slimy and stinks like old fish. (Comment this)
Until then - I WILL NOT VOTE FOR SCHWEITZER! (Comment this)
From: MSN Nicknameinjungirl64 Sent: 4/21/2008 5:12 PM
I most certainly agree that there was the outside help. HOWEVER it can end in Poplar. SOMEONE most certainly can take the bull by the horns and put an end to it and bring peace to Barry and his family. Hasn't he suffered long enough. What gets me is Stevie Greyhawk - corrupt police officer, turns to religion - thinks it's all behind him and then is now running for the school stuff. It's NOT behind him at all! If he thinks living with this inside for 25 years has been hell - wait till he gets to HELL and then he'll be singing another tune - he'll wish he hadn't gotten involved and let justice be served even IF it's his own daughter. He brings shame to the people of Poplar! Hell is coming for that man - then justice WILL be served! Youd THINK he would do the right thing - even after all these years and go to the authorities and turn his daughter in, because he knows it's right. Because he KNOWS Barry didn't do this, and because he KNOWS that he's going to hell! He don't do what he has done and get a pair or wings for heaven that's for sure! They might as well burry Stevie face down so he can enjoy the ride!!!!!
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Recommend Message 12 of 25 in Discussion
From: MSN Nicknamemelanies777 Sent: 4/21/2008 5:36 PM
You know, I am really sorry for the pain that you all are going through. It really does break my heart for your community. I truly hope that justice is served here on earth so all of you can go on and heal from this :(
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The number of members that recommended this message. 0 recommendations Message 13 of 25 in Discussion
Sent: 4/22/2008 12:05 AM
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From: MSN NicknameBlackjackGeorge Sent: 4/22/2008 12:13 AM
Okay, I tivo'd Dateline and just got around to watching it. I will not be able to sleep well tonight I am so disturbed by this story. I firmly believe Barry Beach is innocent. I think the original judge should throw out the verdict based on teh fact alone that the prosecutor stated false information in his opening statement. He said a pubic hair belonging to Barry Beach was found at the crime scene. Um, a hair similar to his was found, compromissed (by a break in) and then lost. It wasn't even admissable in court. MISTRIAL. Okay, a new trial should be granted. Let a jury of his peers hear the case. Let them hear from all the witnesses who have heard the confessions. Why did a biased panel get to hear the evidence? For them to say that he deserves a new trial would mean that they would have to discredit "high profile" people. Of course they weren't going to risk their jobs and do that. I feel sorry for Barry, his family and for Kim's family. There has been no closer for this family, the killer(s) are still loose and an innocent man is in prison. I will sign that petition.
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From: MSN Nicknameinjungirl64 Sent: 4/22/2008 9:34 AM
Blackjack George,
Correction....go to www.montanansforjustice.com website. Look at the autopsy report. There was NO hair found on the sweater. It was not until 9 months later when Barry was being brought back to Montana did a pubic hair show up.
Now another very interesting point here is this.... the sweater was neatly folded. How many men do you know fold anything? Especially after a murder they just committed? None. Because this wasn't a man that did this. It was a group of girls (possibly some boys involved - but even BOYS do not fold clothes!)
Here's another thing to ponder.... if a male is going to kill a female he does not pull hair! He would choke, strangle, punch, etc... but boys in most part are not in to pulling hair. Who is?? Girls!!! Girls pull hair - girls get into cat fights!
In the autopsy Kim was not choked or strangled.
Some girls are tough - I'll admit to that. But girls do not usually have the power of a punch like a man does, so therefore they used a hammer or wrench of some sort.
This horrific crime was not committed by a man alone! This was MOST definetely an act of girls! EVERYONE can see this! Except those that are guilty because they THINK they got away with this for so long. But dont give up yet...keep supporting Barry because if you think Dateline was big - wait till you see what might be happening next! Sleep on that Poplar!
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Recommend Message 16 of 25 in Discussion
From: MSN Nicknamemelanies777 Sent: 4/22/2008 1:36 PM
You know what else struck me? Barry in his "confession" said that he dragged her by her shoulders. Something a guy would do 1. because to drag that way the person would be heavy. Most girls could not do that and 2. Its an act of caring to drag someone that way. You don't want to drag them on their head. Barry said he would never hurt either of the sisters.
GIRLS would need to drag by the feet because 1. a couple of them could do it that way and 2. she was dragged face down. They killed her out of jealousy. How else would you expect them to drag her.
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Recommend Message 17 of 25 in Discussion
From: MSN Nicknamemelanies777 Sent: 4/22/2008 1:37 PM
Injungirl, God bless you in your passion for this!
I am confident they will get caught and I personally hope they get the death penalty.
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Recommend Message 18 of 25 in Discussion
From: MSN Nicknameinjungirl64 Sent: 4/22/2008 4:52 PM
Melanie, You know Barry has already spent a majority of his life in prison for a crime that everyone including God knows he did not commit. These girls THINK that they got away with the perfect crime, but what they are forgetting is that there IS someone who does know the truth and come judgement day, they will have to answer to Him. So even if they NEVER get caught. Even if they NEVER come forward. They will carry this to thier death bed. At which point it will be too late! If they think for one minute they are going to get in to heaven protesting innocense when the one person who matters the most DOES know. They are only mistake themselves. So giving them the death penalty. I don't think so. Thier death and the time they will spend in Hell is going to be MUCH more painful than they can comprehend. Reason - because you could take one look at Sissy and KNOW that she is strung out. I had to laugh when she said, "and when I get to heaven you come look for me and apologize for what your accusiing me of" (para phrasing) WAKE UP SISSY.... your NOT going to HEAVEN!!!! Neither is Maude or JoAnn. If I was them I'd be scared shitless! IN FACT... if I was them I would be the first to spill the beans because at least you have some bargaining power. They may have stuck together thru thick and thin on this for 25 years but when part 2 of this chapter which has JUST begun starts - we'll just see who has the heart and guts to come forward first! I'm gonna bet on Sissy. I ddnt like her on Dateline. I didn't believe a word she said, but I will say this. The mere fact that she mentioned Heaven - welllll their just might be a slim chance. I also thought maybe JoAnn. NEVER will Maude come forward. Her daddy the preacher wanna be - probably told her that her sins are forgiven - not! Not until she confesses to the murder and makes wrong right - No Maude cause she never made it to the hearing for Barry - which only means one thing GUILTY! I can't wait to see what's brewing next!!!!! Can you?
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Recommend Message 19 of 25 in Discussion
From: MSN Nicknameanpetu1 Sent: 4/22/2008 7:37 PM
Hey People look what was written in another blog concerning the murder. THe address to the blog is at the bottom. I heard another person say the same thing about Joanne Jacksons back and I am sure the person told the police at the time. I dont understand why the law enforcement doesnt DO anything.
At 12:19 AM, Anonymous said…
i seen scratches down j.j back the following monday. Ed vandover said they were from trees.looked like nail scratches to me. also iworked at the pizza place and on monday following the murder i opened up and in the sink was clots of bloody hair and a comb, someone broke inthrough the roof, I was wondered where the hair came from
http://wrongfulconvictions.blogspot.com/2006/10/wrong-man.html
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From: MSN Nicknamemelanies777 Sent: 4/22/2008 9:19 PM
Thats a great blog that I haven't seen before.
Injungirl, I noticed (I'm sure everyone noticed) that Sissy contradicted herself in that special. She has a very good memory one time, and then she actually used Keith Morrisons excuse (drug addict) when she spouts an inconsistency in her testimony during the parole board hearing. I honestly think that the people (prosecutors, police, investigators) that put Barry in jail have probably sought legal counsel at this point. I am sure that everyone that knows the truth whether in fact or they just know they shook Barry down are at least a little bit worried at this point.
There are more people that have testimony (NOT hearsay, like Marc Racicot has claimed) that points to those girls! There will be people that are finally willing to take a look at it, whether it is in Montana or somewhere else. I really think that if it goes to another state it will resolve a lot faster.
I really want to get the petition signatures in the thousands. I only have 62 at this point. I have sent all of the info to my state congressional representative. I am hoping that I get some sort of reaction. Someone on the MFJ website had the idea of reporting to the FBI, and I did that also, that I felt that there was corruption at work within the parole board. If they step back in they can ask the questions as to WHY their recommendations were not followed up on back then. They were largely ignored.
I write once a week to the powers that be in Montana. I hope everyone else is doing the same. I am trying to get more people informed through the MySpace page as well.
Does anyone on here stay in touch with Barry that would be willing to keep everyone posted on how he is doing? MFJ is too difficult to navigate and I got a bit bored with the dialogue over there. Its much more interesting over here! :D
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Recommend Message 21 of 25 in Discussion
From: MSN Nicknamemelanies777 Sent: 4/22/2008 9:50 PM
This makes me sick:
A Poplar man who was 10 years old at the time of Kim’s murder and lived on a hill overlooking the crime scene came forward to Centurion in 2002 and signed a statement describing what he witnessed the night of the murder. The man states that he woke up in the middle of the night to go to the bathroom and heard a girl screaming, and saw people fighting down below. He slipped on his shoes and crept down the hill and along the railroad tracks and watched from behind some bushes as a group of girls—he named Sissy Atkinson, Joanne Jackson and Maude Greyhawk—beating Kim. “At first she was inside the truck. They dragged her out and threw her on the ground,” he writes, and then they took turns hitting her with a tool. He says he saw three people drag Kim to the river, and that besides Kim’s truck, three other vehicles were there. He says he didn’t see Barry at the scene. The Independent has withheld his name due to safety concerns, and couldn’t locate him for this story.
Pack of vicious, disgusting, liars. I believe this testimony. It matches the crime scene and everyone elses testimony, including Sissys brothers.
Yeah, I'm sure she "confronted" him on that.... what do you think she said?
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Recommend Message 22 of 25 in Discussion
From: MSN Nicknameinjungirl64 Sent: 4/23/2008 10:50 AM
Children by nature are scared of anything outside thier world of what they percieve as "normal." This particular child lived with this for years knowing that this was NOT normal. In which case he was scared. Children grow up. They know right from wrong. Thier voices DO matter and do count. The problem with all of this is that the political system is staing "time barred" and so Racicot is calling all these folks who come forward now a "conspiracy." Conspiracy is what Racicot himself is guilty of. Usually when someone accusses someone else of something it usually means they themsevles are guilty. They don't want to admit thier at fault, so they point fingers away from themselves. This case as a chance at the Supreme level and I thnk folks need to ask themselves if THEY can do something to help. I fear for the folks in Poplar because of the fear they themselve live in, but they need to know that they will never get thier town back, they will never live as a united nation until justice is served. Their voices DO matter - they DO count and it's time they take back what they have lost to the likes of folks like the Greyhawks, Atkinsons, Jacksons ect. Stand up Poplar - be heard! So to the young boy who came forward so many years later - you can be proud. You can look yourself in the mirror every single day and know you did what was RIGHT! Can any of you other folks in Poplar do the same?
Bring it on - lets get this blog going - lets hear from you !
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Recommend Message 23 of 25 in Discussion
From: MSN NicknameWaseatchuTalkLot Sent: 4/23/2008 12:57 PM
This is just for your info, there are sites one can learn from & this is one of those. There is a "summit" of lawyers,judges ec cetra, abuse of power is a sad but very real state of affairs in Mt. as well in every other part of the country.
One thing about it, regardless if people believe in "God" or not, he knows every thought before it "leaves ones lips" God bless.
http://www.innocenceproject.org/docs/IP_online_0408.html
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Recommend Message 24 of 25 in Discussion
From: MSN Nicknameinjungirl64 Sent: 4/23/2008 4:41 PM
AMEN ! Talkalot! And that is WHY Sissy Atkinson and Maude will never get to heaven! Because GOD knows thier heart! GOD knows what they did even IF they lie to everybody else. GOD knows! FEAR THE LORD!!!!
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Recommend Message 25 of 25 in Discussion
From: MSN NicknameBlackjackGeorge Sent: 4/23/2008 10:56 PM
Yeah, there were so many things...that panel was so corrupt. I can't believe that after that Dateline aired that someone didn't immeadiately do something. Wouldn't it be great if President Bush granted him a pardon? I hope he asks for one. Maybe we should all send a petition to Mr. President. Anyone here know how to go about making a difference in a situation like this? (Comment this)
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.
(Comment this)
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*** (Comment this)