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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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Comments

I just watched this episode and thought it was well reported with one exception. Keith and the lawyer for Barry made a point of how the prosecutor used the pubic hair evidence improperly at trial.  They even inferred that the prosecutor (an ex-governor) committed misconduct.  Yet when they had the prosecutor on camera and the parts they showed of the hearing this issue was never brought up. This makes no sense to me and bothered me in that the prosecutor was so sure of himself.  Further, I would have argued that if the confession was so good that you didn't need any evidence (as the prosecutor and the board ultimately held) then why did he need to bring up the hair? Keith you blew this one.
i believe barry is innocent. the way cops were back than they would say or do anything to get a conviction and stick with it no matter what it took.why did the cop break in and where was his daughter for questioning? i feel for barry for the loss of all those years in prison.some day he hopefully will be freed.
Is it just me that thinks there is a cover-up within Poplar! One which involves quite a few people, that control quite a few other people that will make damm sure that Barry will go down for that murder!
OMG..i cant not believe this story. i usually dont believe stories like this but how can you not believe this one. barry..my heart goes out to you. i only wish things would have turned out better for you and i'm praying that they do and i believe after seeing this show people will open their eyes and hearts to you. i know i did. i have no idea if you will even be able to read this but some body will. i'm sorry to say this but i'm actully pissed off right now at how things turned out. i believe those girls did it out of jealousy and i do believe what goes around WILL come around. my heart, thoughts and prayers go out to you barry and i only wish there was some why i could let you know. keep your head up and your heart stong.  
After viewing your program I was apalled that Barry Beech was not exonerated by the Board of Pardons
and Parole. It is apparent to me that the former
state governor, the Board of Pardons and Parole,
the sherrif's office and the state all conspired
to keep him in jail, rather than admitting their
mistake and shoddy investigation of the crime.
Some of these people that sent Barry to jail
deserve to be in jail themselves for knowingly
imprisoning an innocent man.

I've just finished watching "Dateline" and can't believe that Barry Beach is still sitting in prison.  It seems so obvious that he is an innocent man.  I hope that your broadcast can help him in his fight for freedom.
I believe Barry Beach is innocent.  Why hasn't the law given lie detector tests to everyone that has any possible connection to the night of the murder.  I'm betting it was the women named as the murderers.  I would like to know if Barry's sentence is ever turned around and he is released.  
I am stunned and can not believe that with all of the evidence provided for Barry, he is still denied his freedom. How can anyone that knows what the truth really is just stand there and let an innocent person's life go to waste? Clearly there is someone behind this and hope that their conscious leads them to do the right thing. While my opinion has no impact on this Case, I believe one hundred percent that he is innocent and is being robbed of his freedom. My prayers are with Barry and with whom ever has to live with hiding the truth.
Either the prosecutor has something to hide like the police do or he is a fool.  These law enforcement good ole boys are never going to admit they could be wrong just so they can save face.  Why did a police officer break into the evidence?  Is his daughter one of the killers?  This whole story seems like one big cover by those who are supposed to find the real truth. The probation board is no better. One day they will all face their judge.  He knows the truth.
I question the confession cassette tape that was alleged to be erased.  If so, why was it erased? Who would have benefited from that?  Also, what about the police officer who was supposed to have tampered or broken into the evidence room?  Why did that apparently happen?  Are these questions raised? Was someone perhaps being protected and for what reason?
I watched Dateline NBC's show Friday night on Barry Beach and believe he is innocent .  The only evidence conficting him that seems to be present is his confession, of which is not entirely accurate.  It is very disturbing to see things so clear like finger prints not looked into.  Why would a cop have brake into a locked storage where the evidence was?  I would have been interested in the stated reason he did this.  That  was not shown on this show although his daughter was one considered to have been in the vehicle that night.  I hope the Centurion Ministries find who belonged to the many fingerprints in and on the vehicle.
This is the most ridiculous incarceration I've seen.  There is absolutely no proof that Mr. Beach committed this crime and I absolutely agree that there is a conspiracy of political nature that is occuring within his state.  What seems to be my biggest concern is the policeman who broke into and tampered with the evidence.  This would leave me to believe that his daughter had something to do with this crime and that he used his position to influence others which continued throughout the case until the incarceration of Mr. Beach.  It is beyond comprehension to me that this is how our society works and for the parole board to totally dimiss the new evidence.  WOW.  Based on the prosecutor saying to the original jury that there was hair linking Mr. Beach to the crime should without a doubt lead to a new trial.  I think the state which convicted him is just affraid of the amount a law suit may cost them.  I didn't believe any one of those men that interviewed and received the confession from Mr. Beach, they all have risks that are associated with this case and their reputations..just amazing what this world is coming to.  
I think the decision to keep Mr. Beach in prison was purely to protect the reputations of Marc Racicot and the law enforcement officers involved.  Doesn't anyone care who really killed that girl!
I think it is just terrible, that Barry Beach, is behind bars. I believe intimadation was used and he was young and used drugs and alcohol and this all had to play with how he was interogated. It's just a shame
that people in power can make a life and death decision over someone with power and money and influence. I pray to God he will get parole.
I do not thing Barry Beach committed thia death. What about the cop that stole the things needed to prove who did it. Was not his daughter there? I believe some one is covering up this crime. I watch Dateline about this tonight, 04-04-08
At first I was sympathetic, but as the story dragged on (for 2 HOURS) I found myself asking questions that the story was not answering.  Too many people who were known trouble makers were supposedly "home in bed" when the crime happened.  Riiiight.  This story had a significant amount of irrelevant emotional testimony presented, which always raises a red flag with me.  Too much of this story focuses on what a choir boy this guy was in prison, yet he was also a serious drunk and substance abuser at the time of the murder.  There are many reasons to doubt the original conviction, but somebody murdered that girl.  I see as many problems with how this story was presented as I see with the conviction.  

Since this story made very little attempt to ferret out the truth, it just questioned the conviction, I found myself forming my own speculations.  There may not be physical evidence that this guy was there but that doesn't mean he wasn't. According to the alternate theory, there were several girls and a couple of guys there when she was murdered.  What if Beech was there and involved to some degree, but so were the several women?  Possibly even JD Atkenson ("Sissy's" brother)?  If that is the case, what incentive is there for either side to state the truth?  If either side were to fess up, Beech is guilty but so is everybody else.  Beech's only hope is if it can be proved he was never there.  Taking everyone else down with him wont do him any good since, assuming this is the case, his past insistence on his innocence will not likely buy him enough sympathy to get out.  None of those that are out have any reason to change their story at all.  What if the whole group was just too damn drunk/high for anyone to recall what really happened?  

Coerced confession taken as physical evidence by a parole board?  Physical evidence such as blood, hair, foot tracks, DNA completed ignored?  This is inconsistent with U.S. law.  Something is extremely fishy here.  Somebody very powerful must have something dire to lose with the case against Barry Beach.  There is no other explanation for the bizarre behavior of the Montana parole board.
I am not god..and honestly I do not know what really happened all those years ago.But my heart truely aches for Barry.Something in his eyes tells me he is not a killer.My prayers are with you Barry and I will be following and checking on any upcoming decisions concerning this deeply sad and unfortunate situation.In this world of high tech. testing and fair trials where is the evidence? This just seems so far beyond reason.I just cant even get my mind around how this can even be possible....I am just beyond words at the moment.devistated and disgusted in the way this case has been handled.My love and heart goes out to barry's mom...
OK, I watched the episode and have to say that there's a cover-up going on. The corrections board clearly did not weigh any of the evidence.
I was AMAZED at the decision of the board to keep Beach in prison.  I cannot accept that Centurion did not bring enough evidence to cast "reasonable doubt".  I just sat slackjawed at the decision, wondering who we need to write to in the justice system to bypass this obviously subjective board.  To keep a man in prison for the rest of his life with no hope simply based on a confession (with as much revealing he wasn't there as they say proves he was) with NO evidence whatsoever tying him to the actual crime, seems as unjust as keeping someone in prison based soley on circumstantial evidence...neither being weighty enough to not reconsider other possible scenerios.  This case was grossly mishandle with evidence compromised, destroyed etc., and statements made to a jury that were untrue and misleading.  Its as if the entire state is hiding something, not just the town of Poplar.  If this thing is "settled", then I have to admit I fear the integrity of our justice system.
If the program on the Beach case is an accurate description of police investigation and evidence presented at clemency hearing, is is clear that the 'blue line,' of covering for, defending, colleagues extends from police through prosecution on up to pardon board. How to defend a citizen, or oneself, against employees of the state who have a vested interest in keeping their appointments and jobs by defending each other? If I ever saw a case calling for review by an agency independent of the state, this is it. But we do not have such an independent agency; we do not have real justice.
We have not come far enough from the time when an accusation was sufficient for conviction-when one had to prove their innocence beyond a doubt.
This, and many other cases of convictions because of prosecution determination to convict-by distorting and omitting evidence if necessary-reduces confidence in our legal system.
My heart is sadden by this story. I see a man of great character; unlike the scared 17 year old making a confession. After teaching in a prison for several years, I know all to well how things can be covered up and how difficult it is to get any admittance of a mistake. If there is any DNA evidence that can assist in proving Barry's innocence, I hope it comes to light. Myheart goes out to him and I hope the truth sets him free.
I would think this case would be very simple...
find whose bloody palm print is on the truck.
The only person trippin' in this case is Sissy.  
I really hope Barry Beach will one day be set free.


After watching this show, I am almost embarrased to say that I believe in our court system.  If there is ever a case of reasonable doubt, this is it.  I hope the people that are keeping Barry behind bars can live with themselves.  I don't believe the parole board, the prosecutor or any others are looking at the evidence with a clear mind.  They are relying on a confession from a 21 year old only.  As a 21 year old, can any of the people working to put and keep Barry behind bars say they have not reacted to a stressful situation in a manner that more mature people would not question.  If you take away the confession, there is no evidence at all that Barry was involved.  How can that be?  If Barry did this, it would seem there would be at least a shred of physical evidence to link him to the scene.  For me, I would like to have had ONE piece of physical evidence to link him regardless of the confession.  The lack of physcal evidence, makes the confession lack as much credibility as the prosecution says Barry lacks.  Incredible!  
I cannot believe that Barry Beach is not innocent in the Poplar murder case of Kim Nees.  This case needs to be reopened and retried. The Centurion Ministries cannot be all wrong.  
I believe Barry Beach is innocent and should be released from prison.
I had never heard of this case until the Dateline broadcast tonight, and I am stunned.
How in the world is this man still in prison?  
Unbelievable and so very wrong.
I am appauled that they didn't release him from Prison. After watching your tv program. That prosecutor has to stand by his conviction because he would look extremely bad now that he is in congress and he was the original prosecutor. How can those people sleep at night, especially if it was that women  that did drugs did it.  And I was wondering about the girl, her father was the police chief at the time? I thought you mentioned.  Could it all be a coverup? And they are protecting the real killer? Just because he confessed, well we all know from other cases that they can break under being cohearsed or forced. I could never live with myself. There was no evidence linking him to her murder, its all because he confessed. I believe if you are a murderer and you did the crime well go to jail never get out as far as I'm concerned, but I don't even know the man, with all the evidence presented I believe he is innocent. My heart goes out to him, his mother and sister.  
Watching this Dateline special makes me wonder as so many other cases have, is there really justice? In this case, I believe justice is what those in high places of government want it to be. I have seen many "crime mysteries" over time and none have given me such a sick feeling in my gut. I believe that Barry Beach is completely innocent and I will pray for justice for Barry.What this case has demonstrated is that it doesn't matter who commits a crime as long as someone is in prison paying for it, and when the chance comes right the wrong you've done to the innocent it is easier not to admit that you made a mistake.
1) Why was the police officer who broke into the evidence room and destroyed evidence not questioned about why he did this.
2) Coincedentally his daughter was one of those rumored to have been involved. Also, why was she not compelled to appear after receiving a subpoena.
3) How did the prosecutor, police etc. so easily dismiss no physical evidence i.e fingerprints, blood particles at the crime scene matched Barry.
This whole thing stinks of corruption, from the local police office in Poplar, all the way to the attorney general, and the state patrol board. Why did it take 3 weeks to come up with a decision? It is because someone with a little stroke is covering something up. Somebody in power had a family member or a close friend at the murder scene.  
I definitely think there is reasonable doubt that he is innocent.  The fact that the prosecution would not even acknowledge this can be attributed to their selfish desires to further their own careers at the expense of an innocent man's freedom. I would not want to live with   that guilt. Apparently it doesn't bother some people in their pursuit of power and money.
I don't understand why everyone wasn't fingerprinted in this case...I believe the fingerprints on the truck have to be the killers.  What's the matter with the judicial system?
I believe this man is innocent and some crooked people in high places need to be brought down. Also where is this Maude girl at and why wasn't she questioned or check to compare her palm print. I think she was kin to someone at the police dept.This is an outrage!!!
You would think the courts especially would want to see everything that had to do with the case to help  solve it. All I can say about it is I'll pray for him and hope everything turns out the way it should and I hope with all my heart he gets his life back .
That busted faced crack head Sissy probably did it. And yes, people do give false confessions. It happens a lot more often then people think.  People can do strange things after their minds break from being interrogated for hours and hours.  
Wow - this is unbelievable! No evidence at all! Are we still in America?? I emailed the governor of Montana - such a shame!
I just watched Dateline story about Barry Beach and I
believe an injustice has been done to him. I don't believe the Board even listened to his side. I do believe he was coerced into confessing to the crime.
Just because he confessed doesn't mean anything to me
if there is no evidence to prove he did it.
This is a case, of people who have looked at the evidence of a confession and that's all they need. They have looked at this case, in what is known as tunnel-vision. A case that is black&white. I feel so sorry for Barry Beach. I feel the Mayor had a heavy hand over the decisions of the panel. That's why they could not set him free. I'll pray for you Barry. God bless you and keep the faith.
I cannot believe that the parole board voted not to release Barry Beach. If anyone knows about our political system then you also know that the parole board could not vote against the past governor of the state. I would think that their position is probably an appointed one and even if it isn't do you think that they would want to bite the hand that feeds them? I would like to know if there is something we can do to help this guy get a new hearing. By the way, I was born and raised in Louisiana. I also an not proud to say this but I do believe that the law can strong arm someone when they need to.
So, What happened to the police officer that broke in and tampered and took evidence? Does it not seem like he might have known or suspected something and was trying to protect his daughter? I believe this is another of those cases that everyone against barry beach, comes to a conclusion that we've got a suspect, he'll spend the rest of his life in jail so let's just call the case closed and move on to the next one. There is no justice here, during the show all i could think of was...like other stories i've watched, it's the police almost beating, threatening or bargaining to get what they want, just for someone to get so tired that they will just confess, and this story looks like they tried to cut a deal, we'll give you this and help you with that if you give us a story and tell us you did it. I hope the real killers are found and they get what is coming to them, because i do not believe barry beach committed this crime.
I would like to donate a monetary contribution to Centurion Ministries, the men who have devoted their livlihoods to investigating wrongful prison terms and who believe in the innocence of Barry Beach.  After watching your program tonight, I was sadly surprised by the ending and decision of the Board of Parole.  If not for people like Centurion Ministries, innocent people would literally rot in jail while the real criminals remain free and never even be heard by us little folks.  I've never been to criminal court myself, but I've read, seen and heard enough stories (The Kennedy's for instance, or OJ Simpson, Barry Peterson) where a very poor police investigation combined with a good prosecutor or defense attorney can simply spin a "story" either freeing or condemning someone, completely ignoring facts and evidence.  What a nightmare of a justice system we have.  Please provide information where such a donation could go, so I (and others) can be on the side of real justice...the true "good guys" with no political agenda.  Thank you.
I find it suspicious that the Ex-governor and the Parole Board in Montana believed that there was compelling evidence that Barry Beach had murdered Nees.  What was the compelling evidence?  His confession???  It is obvious from watching dateline's presentation that there was NO compelling evidence other than his confession.  Where were the eyewitnesses, or physical evidence that inked Beach to the crime?  Coud it be that the governor does not want negative publicity nor does the parole board.  Could it be that the state government in Montana and the criminal justice system in Montana especially Poplar River might have withheld crucial information OR worse wanted a scapegoat.    Why did the police allow the father of one of the girls rumored to be a person of interest access to the evidence room?  Why didn't that woman show at the hearing?  She should have faced criminal charges as a no show?  WHAT ARE THEY COVERING UP!
This is the first time I have ever took the time to give  my opinion.But I felt I needed to in this case.If reasonable doubt was not presented in this case then God help us.POLITICS & some people's pride is the only reason Barry Beach is still in prison.
Shame on Rascicot (sp?), former governor, for allowing such an injustice. It just seems awfully suspicious that Rascicot even took the case to begin with - guilty or not guilty - our former governor clearly crossed the line by stating to the jury the hair was that of the defendant when there was no scientific data to back it up??!
Saw the case of Barry Beach, in Montana. Those no good cops, investigators and that no good govenor are no good! This man is innocent! How did these people get away with this? And what the hell is wrong with the parole board? What,are they in on it too? Or was it just a good show for them! To have that many witnesses come in, and we all know why they came in now, because these so-called officials would'nt listen to them back then! This is an outrage and should'nt be tolerated! I hope someone investigates the whole crew that put this man behind bars! Give them a taste of what it's like! Don't give up Barry!
i truely beleave that this yung man confessed under severe  diresst and itis just an example of how fickle our judiscal system is there are thousands of innocent inmates on death row . he has set an example as a model inmate since he has been incarcerated and if i could set him  free and i've never met the gentleman but in my heart i beleave he is innocent and has done his time and paid a horrible price.
I cannot believe that the parole board voted not to release Barry Beach. If anyone knows about our political system then you also know that the parole board could not vote against the past governor of the state. I would think that their position is probably an appointed one and even if it isn't do you think that they would want to bite the hand that feeds them? I would like to know if there is something we can do to help this guy get a new hearing. By the way, I was born and raised in Louisiana. I also an not proud to say this but I do believe that the law can strong arm someone when they need to.
It is very clear to me that this was a coerced confession under extreme duress.  I cannot believe this parole board would not grant parole. How do they sleep at night?  There should be a new trial based on a coerced confession.  Good luck to Barry Beach and his lawyers.
OMG!!

I watched the story of the Barry Beach case, and quite frankly, I am sickened and appauled by the outcome of this case.  Where is the freakin' evidence in this case?? There isn't any! Furthermore, how many confessions are coerced? AND that is ALL they have.

What about the witness that had nothing to gain and a 30-year marriage to lose...WHY would she risk everything to testify that she had 1st-hand knowledge that Barry did NOT kill Kim??

The Former Govenor that stated "that the case had undeniable, indisputable evidence that Barry was the killer"...I call BS on that...if you have it, where the hell is it??? I don't know how he sleeps at night!!He and the Pardon & Parole Board should be ASHAMED!!!

WHAT A TRAVISTY OF JUSTICE!!!


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