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The strange case of Barry Beach

Posted: Friday, April 04, 2008 10:10 AM by Dateline Editor
Filed Under: ,

By Keith Morrison, Dateline Correspondent

A strange thing has happened in recent years to some of law enforcement's signature tools, those pieces of evidence which have sent countless thousands of men and women to prisons all around the world. The agent of change is, of course, that amazingly accurate marker of individuality, DNA.

DNA is now helping police solve crimes which once would have languished in a cold case room forever. But as we have also learned, occasionally to our surprise, DNA has also undone convictions once considered absolutely solid.

Coast to coast, in hundreds of cases, men and women in prison for decades, some even on death row, have been released, their innocence proven beyond any doubt by advances in DNA technology. This has forced sometimes reluctant authorities to reconsider more traditional kinds of evidence that they used to rely on to win convictions.

In turns out, for example, that eyewitness testimony is unreliable. Memory studies have revealed that our ability to recall with accuracy something from the past is worryingly bad.  One study showed that the more determined we are that a memory is accurate, the more likely it is that we are wrong! Yet such testimony has put a great many people in prison. And now DNA has freed some of them.

The ability of police (or anyone else, for that matter) to determine the truthfulness of suspects under questioning has also been shown to be quite weak.  Human beings turn out to be very good at lying and not so good at recognizing the lies of others.

One of the most remarkable developments is this: something like 25 percent of inmates freed from death row by DNA evidence confessed!  Yet DNA shows someone else committed the crime. Who in his right mind would ever confess to a murder he didn't commit?  Occasionally they confess over and over again, on tape, on video.  And lo and behold, they didn't do what they admitted to.

What about all the thousands of cases in which DNA is simply not available?  We know -- in part because of the new science -- that confessions are not always true, that 'hunches' which sometimes drive investigations can't necessarily be relied on, that lies slip by uncaught, witnesses err, and certainty is hard to come by.

Which brings us to the strange case of Barry Beach, imprisoned for a quarter century now for a murder he once confessed to.

The characters in the story could hardly be more remarkable. Beach himself has established an unusually impressive record while in prison.  His defenders at Centurion Ministries worked with tireless zeal to free him, convinced absolutely of his innocence.

His accuser was a man whose own career reached the mountain top of influence, prestige and credibility in American politics, and he was impassioned in his belief that the right man was in prison.

A very special 2-hour Dateline, 'The Killing at Poplar River,' will air on NBC Friday, April 4, at 9 p.m. ET.

 

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Montanans For Justice believes, without question, that Barry Beach is an innocent man. Not one shred of physical evidence ties him to the murder of Kim Nees. Investigate it yourself at www.montanansforjustice.com. Thank you, Dateline, for taking the time to reveal a grave injustice in our judicial system and the political figures who are either corrupt or have turned a deaf ear to this case.
I have studied this case and believe we have an innocent man in prison. Read the facts for yourself at www.montanansforjustice.com
This is a case that has gotten a lot of attention from the media here in Montana lately. It is obvious that Barry Beach didn't do the crime, but he is still doing the time. After 25 years in prison, Montana officials need to stop hiding from the truth and let the man out. Find the real murderers and let Montana heal from this travesty.
This is a tragic case for Mr Beach and the Nees family.  After much study of the facts I believe whole heartedly in Barry Beach's innocence. This shows how hard it is for our penal system to reverse itself once an error has been made. In this case detectives coerced confessions from Barry to two Louisianna murders in addition to the Nees murder. It was proven quickly he could not have commited the Louisianna murders. The othe confession stuck despite it not matching the crime scene and no physical evidence tying him to the scene. The State of MT has zealously defended his guilt despite ample evidence to exonerate him.
To see the evidence supporting the case for Barry Beach's innocence, readers can go to www.MontanansForJustice.com.  Montanans For Justice is a group of Montanans from throughout the state who, after careful and thorough review of the evidence, have become convinced that Barry Beach is innocent of the murder of Kim Nees and that the actual killer(s) are still at large.  We are current and former elected officials, business men and women, professionals, and folks from all walks of life who want the state of Montana to grant Mr. Beach a fair trial and to honestly seek the truth in this matter.
I am so very happy and thankful to Shane, Keith, all the camera people, and NBC for stepping up to the plate on this story. I know you will all be rewarded one million fold for this,, Thank you all for your tireless hours, your patience and mostly for your belief in Barry Beach, his family, friends and the hundreds of supporters. I have known Barry since childhood and I knew Kim and was a friend of hers.. so many people have come forth to tell the truth and it all has been the same, Barry Beach had nothing to do with the brutal murder of Kim Nees.
I completely whole heartedly believe Barry is 100%innocent. The truth is there if you look and listen!  The real killer or killer's are still out there and  no one is looking for them! The entire situation is not right, I do not understand why no one will listen and hear the truth for them selves and except the fact that a terrible mistake has been made.
Politic's should never have been involved, who or what give's them that kind of right! Was he or she there??
My heart goes out to the Beach family.!

Why did the police officer break into the evidence room?
I cannot believe how pigheaded the parole board, former prosecutor and others saying Barry is guilty are.  My gosh, grant the man a new trial.  Find those girls that were seen in Kim's truck cab the night of her murder.  Grant one of them a lesser sentence for her turning on her 'friends'.  They've even more than likely been responsible for the death of at least one witness, maybe two.  Oh wait ... Barry ordered that from prison, I'll bet the prosecutors would say.  That's how assinine this all is.  The man is innocent.  Let him be free and live the rest of his life outside of prison.

FREE BARRY!!!!!
This case and others like it have shaken my faith in our justice system.
Unbelievable.  With all of the evidence presented, how could an appeal not be granted.  The only evidence against Barry Beach is a confession that was possibly coerced?  What a travesty.
I think Barry Beach should have been pardoned.  There are too many questions about his guilt.  He should be granted a new trial immediately.
This is a perfect example why so many people in this country have lost all respect for our judicial system.
Are you kidding me?! OMG this is one incredible miscarriage of justice!! Tell me anything I can do to help and I'll do it! Please help me to get involved as I watched the story and there is PLENTY of evidence to create the "air of doubt" required for a innocent finding in a criminal proceeding! Please tell me how I can help. Had half the same evidence been presented in a courtroom setting originally...who knows but how could a reasonably educated group of jurors NOT see this case as full of questionable issues? I mean c'mon!  
Hurray for the seekers of justice. Take it to the supreme court and all news agencies!

Don't forget the Texas Border Agents still in prison!

My prayers for you all.
I can not believe the system in Montana would allow this man to stay in prison for all this time given the hard facts in this case. I thought this was the United States,not Russia. Shame on you, Parole board.
I only know what I just seen on Dateline, however, I would feel strongly That Sissy was a lying druggy and had something to do with the death.  Barry Beach, although was probably destined for prison from his behaviors up until he was arrested for this, was in my view innocent, not just not guilty.  He did not commit this crime and it is ashame that he was convicted by corrupt law enforcement.  I, the evidence that dateline provided, showed this Retired State Trooper that a innocent man could be convicted on bad evidence, and no one wants to back down, due to the implication of a Prosecutor, who became govenor probably on the backs of cases like this one. Keep us informed, good job dateline, Kieth keep up the good work, your objectively on all sides show a real reporter should be.
After watching the show, I am convinced Barry did not do it!  I think the only reason they didn't let him go is so they don't set a precedent!! What a shame that the real killers have not come forward or at least somehow said that Barry is innocent.
This is a disgrace.  There is NOTHING to prove that he killed her!  I thought in America, we are INNOCENT until PROVEN GUILTY.  I believe we can easily be MADE to say all kinds of things that aren't true when we are threatened.  
My husband and I just watched this on tv. I am shocked that this travisty of justice is continued. What about the man who broke into the evidence room? What about the hand print and those who have not had their prints taken? There is definately room at least for reasonable doubt.
Will Dateline follow-up on this story? I really want to know if he ends up being freed! I don't believe he's guilty, and even if so, there is NOT enough evidence linking him to the crime, There's no way he would be convicted in a new trial. However, because of lacking evidence, I don't believe he's guilty, there would have been SOMETHING there linking him to the crime if he did it, Let's face it, the crime scene was a mess. Shame on the Poplar police for not solving the crime with those prints after all these years!
something is wrong with this case just does not add up how a guy that young could murder someone and not leave a trail of evidence on the body or anywhere else. I find this very odd as well as others I am sure will also. Very funny that a cop breaks in and evidence comes up missing and then what his daughter is one of the people who is looked at as being involved. The confession damned this guy to jail but there is something wrong in this whole deal and some of those involved are going to be found out.
I feel sympathy for Barry Beach, but get rid of the 1970s "stash." It doesn't help.
Something is very wrong in Montana.  Why did they not look for the people whose prints were all over that truck?  Who are they trying to protect?  
This is a disgrace.  There is NOTHING to prove that he killed her!  I thought in America, we are INNOCENT until PROVEN GUILTY.  I believe we can easily be MADE to say all kinds of things that aren't true when we are threatened.  
I really think that Barry Beach is innocent...I think that the governor of Montana, who was prosecutor at the time, doesn't want to get embarrassed...and he being strong in office, had the board make that decision...politics....that's what it is, and those women are guilty as sin...and poor Barry Beach pays the price....terrible travesty....terrible...release that man, and arrest those women, and impeach that governor, that was the prosecutor....
It doesn't take a rocket scientist or even the brain of a child that's completed say 6th grade to figure out that the palm print needs to be followed up on and the political agendas of those for the prosecution and the parole board did not allow an independent objective decision to occur.  Dateline would be well served to keep this story active for it appears obvious that an innocent man is behind bars and a dependent drug addict was involved.  The bar owners testimony as well as the sister's testimony is powerful and would be given consideration in many less politically charged cases.  Barry seems to be the scapegoat for the case now, not necessarily the murder.  This is a slow murder of Barry now.
From watching the story on msnbc, it appears that the parole board ignored the evidence supporting Barry Beach.  Also, all of the things that were left undone by the local law enforcement in that community was appalling, from not identifying  finger prints, shoe prints, and the stealing of evidence.  
Will Dateline follow-up on this story? I really want to know if he ends up being freed! I don't believe he's guilty, and even if so, there is NOT enough evidence linking him to the crime, There's no way he would be convicted in a new trial. However, because of lacking evidence, I don't believe he's guilty, there would have been SOMETHING there linking him to the crime if he did it, Let's face it, the crime scene was a mess. Shame on the Poplar police for not solving the crime with those prints after all these years!
This case if typical of law offices wanting to be "The One Who Solved The Case" and get their names in the paper. Too many other leads. fingerprints, palm print and the footprint. Montanas parole should be in jail or at least receivew the Stupid and Blinded Eye award. If you cant put someone at the crime, then no matter how long they yell I did It, one should never be found guilty if thats all they got on them. Sad Sad..I hope Montanas parole board cant sleep at night. Miss Druggy says Its been so many years but hey I remember going home and to bed.  My My how the memory works when its to your advantage.
This is the biggest story of misjustice I have ever seen or heard of!  I think it's pretty obvious what the motivation for keeping him in prison is.  His accuser, now the govenor, doesn't want to be made out as the bad guy.  God forbid he was wrong.  I hope someone outside of Montana government can help this poor man be freed from a crime he obviously did not commit.  My heart goes out to him and his family and also to the family of the victim.
I am sitting here with my mouth dropped open I can not believe the Parole Board could be so BLIND--I feel with every thing in me that he DID NOT kill this girl--I hope that all these people can sleep at night and one day they will answer to God about this HE knows the truth--all those people standing up for him even the Mayor even her own Sister--what the hell does it take--there's some shady crap going on against this man, it sad sad sad and sickening--looks to me like the law is just trying to cover their butt, I think this was fixed--even their stories are conflicted--
I would like to correspond with Barry Beach, the subject of to-night's program. I live in Canada and have corresponded during 10 years with a death row inmate now executed.  I would like to bring that man hope and keep his spirit up.  I am a great grand-mother and love writing as well as having an opportunity to practice English.
This story really move  me i do not think  he kill her i think they needed a scrape goat and the  BARRY BEACH was  it the technology  of today they could run these prints and know who they are for those witness i do believe  them why would any one ruin a marriage over this

for the prosecutor shame on you i want an  email our a phone number to tell him what i think of him
Who were the other two girls were their print compared and the policemans daughter was hers palm print compared
I watched the show and feel that Barry Beach is innocent. Now with the ability to run DNA tests, the evidence should be re-examined. The real killer or killers are out there. By the looks of the woman involved it was probably jealousy. Someones boyfriend made a pass at Kim and the murderer didn't like it. Something along those lines. What makes some men with power act like they are God? This man deserves to live what's left of his life a free man.  
It sure is hard to believe that the parole board refused to do anything for this man.  To me there is reasonable doubt, and it seems to me that they could have let the man out on parole.  As far as a POLITICIAN testifying,,,well, I just won't go there.
Does anyone out there agree?
Wow, this is completely heart breaking.  After watching the story, I still cannot figure out why the board chose to do absolutely nothing.  Even if he did do it, (which I don't believe he did) hasn't he spent enough time in there now?  How much time would a 17 year old boy today in the year of 2008, actually serve for a murder??  Reflect on that for a while.
why can they not get the finger/hand prints of the girl whose father was a police officer that broke into the police station and destroyed/took evidence?  the girl's sister-in-law testified that the girl said she kicked the deceased in the head?  do autopsy reports show that the deceased was kicked in the head?  can they rerun the handprint in the data bases?   Was the bloody handprint the deceased's blood?  Seems to me there should be some further investigating done.  
I am convinced without a doubt this man was wrongly convicted of a crime he did not do.  Even if he did it his sentence should be reduced due to the fact he served 25 years with good behavior.  Where is the justice...
DNA is not always reliable due to the new discovery that you can have two  different DNA, as the program on the medical chanel "I am my own twin".
Fear can cause anyone to lie.
with the evidence presented to the jury, there is reasonable doubt that he didn't commit this crime. with the palm print why wasn't the girls in question fingerprinted and then compared. Also to many people
had to much to gain. the sheriff, the person to went to become governor, of course the eye witnesses also the many calls to the ploice dispatcher that night. when there own police department said there was only 2 when there was 10..

 
this is one of the worst cases of arrogance,from prosecutors to police and a so called parole board that i have ever seen. a total miscarriage of justice. i think they should all be fired or dimissed from their jobs.  and the people of montana need to impeach that governor.  how anybody could be fool enough to believe that this was a fair or just parole board hearing is beyond understanding.  way too many contradications in their evidence.  
After watching this show, there is NO doubt in my mind this man is innocent.  I think this is a tragedy that the law in Montana are ignoring the cold hard facts.  With NO evidence at the crime scene and knowing that at least 25% of confessions are not authentic, how can they deny this man his freedom.  I will not sleep well tonight, knowing what this man has gone through and the law in Montana are turning their heads to the real killer(s).
"His accuser was a man whose own career reached the mountain top of influence, prestige and credibility in American politics, and he was impassioned in his belief that the right man was in prison"
WELL HES RIGHT UP THERE WITH THE BIGBOOBS OF POLITICIANS. Getting ahead at the cost of someone else. ( sorry I had to send my remark in 2 messages.)
Judging by the evidence (or lack of it), Mr. Beach wasn't even at this crime scene.  It's so obvious that there was a cover up & the cops found a kid they could rail road.  Pathetic !  How can a cop breaking into an evidence room get blown off?  Who'd do that unless they had something to hide?  Perhaps that their daughter was witness or took part in beating someone to death?  So the courts get to protect the (obviously) crooked cops?  Pathetic squared.  If I had a say in Mr. Beach's freedom, he'd be out w/ a huge sum of money for this injustice.
I think Barry is innocent. Why haven't they done a palm print on the cops daughter? Too many cover ups and bullying went on there. God be with this guy. He's his only hope.
This is a political issue.  You now have the former prosecutor as the govenor.  What about his DNA.  There was no match.  If there were several people involved, how many footprints were found?  What about a polygraph test?  Barry Beach is not guilty.  If you believe that false conviction do not occur then you must be living in a bubble.
After watching this show, there is NO doubt in my mind this man is innocent.  I think this is a tragedy that the law in Montana are ignoring the cold hard facts.  With NO evidence at the crime scene and knowing that at least 25% of confessions are not authentic, how can they deny this man his freedom.  I will not sleep well tonight, knowing what this man has gone through and the law in Montana are turning their heads to the real killer(s).
Just got finished watching your program and i have to say as a Canadian i hope i am never a suspect in your country.Absolutly shocking. Your system,if thats what you want to call it, is broken and needs to be taken apart and fixed.Good luck on your next president it affects all of us hope you can do better


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