Barry Beach in Custody After Yesterday's Supreme Court Ruling - KFBB.com News, Sports and Weather

Barry Beach in Custody After Yesterday's Supreme Court Ruling

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Touching on polarizing news that broke yesterday evening.  The latest in the Barry Beach story as yesterday a 4-3 decision in the Supreme Court reversing a judges order that released Barry Beach from prison after doubts were raised on his guilt.

Beach was released in 2011 after having served thirty years in prison for a 1979 murder on the Fort Peck Indian Reservation.

According to the Montana Department of Justice, Beach surrendering peacefully and has been in the custody of the Yellowstone County Sheriff's Office since 11am.

Convicted murder Barry Beach is back in custody after the Supreme Court ruling yesterday overturning a lower court's decision to grant Beach a new trial.

Nearly three decades ago Barry Beach was convicted of murdering Kimberly Nees near Poplar Montana.

Beach tried and tried again to repeal his conviction, but was unsuccessful until December of 2011 when District Judge Wayne Phillips of Lewistown granted Beach a new trial.

Beach was released and working in Billings pending this new trial date.

Yesterday's Supreme Court's 4-3 decision overturning Phillip's ruling has Beach on his way back to the Montana State Prison where he will continue serving his 100 year sentence.
     
The Justice Department declined to comment instead releasing a press release with this statement from Attorney General Tim Fox.

"Attorneys at the Montana Department of Justice, in particular Assistant Attorney General Tammy Plubell and Prosecution Services Bureau Chief Brant Light, worked hard on this case and conducted themselves with a steadfast professionalism that should make all Montanans proud," Attorney General Tim Fox said. "It was their job to defend a lawful conviction that is many years old, and they did it appropriately. Their diligent efforts honor the memory of Kimberly Nees and hopefully bring about some sense of closure for her mother, Diane Nees."

Phillips retired from the bench in January of this year and could not be reached for comment.
     
District Court Staff with Roosevelt County say nothing like this has ever happened before and they are unsure what the next step is.  Beach's fate is in the hands of the Montana Supreme Court.

 

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