UPDATE: Convicted murderer’s mom comments on re-trial
Posted: Nov 23, 2011 2:50 PM by Brittany Wooley- KTVQ News
Updated: Nov 23, 2011 3:43 PM
BILLINGS- Q2′s Brittany Wooley sat down with Barry Beach’s mother, Bobbi Clincher, Wednesday morning before she set out for Deer Lodge to visit her son.
Clincher says it has been a long journey to get to this point but that she and Beach both have a strong faith in God and believe the journey has served a purpose.
During Beach’s 28 years in prison, legislation has been passed through the Montana Legislature because of his case, and Clincher says Beach has had many experiences, both good and bad, in prison that he needed to have.
But, she says, Beach is almost 50-years-old, and it is time for him to be given the rest of his life back and for appropriate justice to be served.
“This is not just about Barry. It is about justice for Kim also, Kim Nees, and I’m sure Kim is happy about this decision too because whatever the outcome will be, eventually, at least she will have this justice, knowing that someone innocent of the crime is not going to be behind bars, hopefully,” Clincher says.
She says she holds no animosity towards anyone for waiting so long to come forward as witnesses or for not speaking out at all.
BILLINGS- After 28 years in prison for a murder of a Poplar teen, a man who has maintained his innocence is getting the chance to make his case before a new jury.
District judge Wayne Phillips of Lewistown has ordered a re-trial in the conviction of Barry Beach for the 1979 bludgeoning death of 17-year-old Kimberly Nees.
New witnesses came forward during an August evidentiary hearing testifying that over the years several girls have admitted to the murder.
According to information from a 1985 Montana State Supreme Court opinion, Beach’s conviction was based almost entirely upon his 1983 confession to police in Louisiana, a conviction Beach maintains was coerced by police.
The five year statute of limitations has long expired. However, the Montana State Supreme Court allowed for an evidentiary hearing, and Phillips decided the new evidence warrants a re-trial.
Beach is currently serving a 100-year sentence without the possibility of parole.
Phillips ordered the trial in Roosevelt County, but the state can appeal the decision.