« The Generation Why Podcast

Barry Beach - 329

2019-05-26

June 15, 1979. Poplar, Montana. Barry Beach has an unusual story. He confessed to the 1979 murder of his childhood friend and neighbor, Kimberly Nees. During his 1984 trial, he claimed his confession was coerced and that he was innocent. The investigation into Nees' murder and the events that took place after have shrouded the entire case in a cloud of doubt. Prosecutors, however, felt that Barry was the killer and that anything he said, or that anyone testified to later, is irrelevant. Is this a case of injustice? Or are we to believe that Barry Beach is a murderer despite the numerous questions abut the case against him?

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
I knew I do doing good just in real quick, I'm going to the truth. I'm am podcast. Festival in this is in Chicago. Yes, this is chicago Saturday July thirteenth. At the marriott downtown there will be eighty true crime, podcast
there. The vanished crime, writers on court junkie, the fault line to crime, obsessed missing, more murray and ma it's all day saturday, so gives you a chance to meet all your favorite pod. Ass is going to be a large scale. Meetin greet with several panel discussions and live episodes. Maybe I need to sign up for life episode honour now. That would be weird head out to true crackpot cast festival, dot, tk or look form on social media. I will see you there and for those who keep asking, whereas our extra content joiner fan club it's out at page on dot com, slash generation. Why get extra episodes many sides and whatever other content we put on there for you? You actually here aired, and I have a bit of an argument other either that. Sir. We did a follow up to a recent patriarch episode and yeah.
we got a little than heated, thereby it. It just goes to show that were not carbon copies of one another justin, and we don't even argue really. It was just a heated topic. That's all or maybe now you'll have to live and to find out. With no fees or minimums banking with capital. One is the easy decision in history of decisions even easier than citing to listen to another episode of your favorite podcast with no overdraft fees. Is it even a decision that banking re imagined, what's in your wallet term supply see capital, one dot, com, slash bank capital, one in member of the icy price line. It goes saying that we're all missing travel right now, but you know elsewhere, missing getting more for less with price sign. You can save up to sixty percent on your favorite hotels and you can also get exclusive deals on car rentals flights and more and when you save more, you can do more more wild.
View is incredible. More another round of room service, more sorry, boss, I'm going to extend my vacant in price line knows every trip is a big deal. So when you're ready to book your next one check out price line, dot com for the easiest way to get more I am an extended vacations. Tonight's case might be a wrongful conviction case and a lot of twists and turns, and I I will admit that I came in very biased against the accused when researching this So what are we talking about tonight? Iron will have to say. I don't know that I was biased in this case, because it's this cases fascinate me for a long time. It's the case of barry beach and he was accused of the murder of a seventeen year old friend of his knee. Kimberly, niece. This took place june fifteen. Nineteen. Seventy nine in poplar montana
just don't start with some background on very beach. His parents were divorced. His father me two louisiana very wasn't very cool so this father because of the distance and his mother remarried. He was an honour student, for most of high school and he actually lived very close to kimberly. Actually, both berries parents remarried. She would end up encouraging him to go and visit father. I don't know it's one of those things. I think where his mother was looking to get him closer Who is dad like? I know your dad's gone, but you really should get to know him. I think she'd meant well You said how he lived not too far from kimberly niece and kimberly niece lid, just doors down from very beach, her father ted served on the town
council and kimberly also had a sister name PAM. She was younger and at some point, pam and bury had actually dated Kimberly was a cheerleader when she graduated high school. She was the as valedictorian? She graduated with honors in june of nineteen seventy nine. It was on june, fifteenth nineteen. Seventy nine she was out with her boyfriend gregg nor guard, and they want to a drive and movie, it said that they fought got into an argument and she returned home after the movie at around midnight. She took her fathers pickup truck out for a drive to the local gas station convenience store. Lots of kids would hang out at this place, so sort of a meeting point I think yes,
her pam was waiting for. I think, because her parents would often say you need to take your sister. You can't leave her home alone, only about a year apart. At this point where said yeah she just left without me, since it is took off. This is about fifteen minutes. After she had returned home from the movie made It was because she wasn't in a good mood and probably didn't want it and the night that way. So she went out probably looking to see if there were any friends out kimberly, would not return home this night, at seven, a m in the morning june, sixteenth. nineteen. Seventy nine to fort Peck tribal police found her fathers truck along the poplar river and was on the southwest edge. The area was known as a hangout for teens, so obviously the convenience store she gone too, was a hang out and witnesses. Actually, sir,
her there. It's possible that she pick some people up or went to go meet some more people at this other spot. These two officers looked inside the truck they saw blood in the cab was on the outside and on the ground were distinctive drag marks that when all the way to the river they followed footprints and drag marks and ended up finding the body of Kimberly niece. She was face up about two hundred and fifty feet. The pickup truck the truck was locked. The keys were missing. The investigators found lots of evidence at this crime seed and and there they found as you too, dry blood inside and outside the truck most of it inside the truck. was primarily located on the passenger seat and on
ash on that side of the vehicle. There was it's. A blood and hair on the steering wheel there, was urine found. Also, there is a eddie handprint on the path, singer door as if someone had slammed it shut there are also dozens of fingerprints found all over inside that path Your side area, the truck they also an article of clothing, they found kimberly sweater kimberly's by was in the water face up and I've seen a still image of it, and it's it's quite haunting. If you over this evidence and you think about what what it looks like a mean to me. It's obvious that someone had attacked her inside the two
and then drag her out of the truck and killed her on the way the water they attacked her in the truck. It appears that a drug her out through the passenger side, so We can speculate that possibly she was sitting in the passenger seat talking to people outside of the truck when she was attacked Maybe somebody else was driving the truck, but I think it looks more She was sitting inside in the passenger seat when she was attacked and then pulled from it. on the other, only other way could be as if she was inside the truck and driver see, but then some in the passenger seat started attacking her and then yanked her to that I'd as they were getting out, because they did find a lot of her hair outside of the truck as if it was poor,
out, maybe as she was being yanked now, they found two sets of shoe prints and another set of footprints, so barefoot heading down to the river. So three people, appears attacked her. Well, that's just what the evident says she was bludgeoned with a crescent wrench impossibly attire, Arn or multiple, what yeah. I think, they're crescent ranch came into play because her father The truck- and there was a crescent ranch that was supposedly in the front of the truck, but it wasn't found And, of course, they can look at her injuries. The crescent wrench fit some of those injuries, but she was hit twenty to thirty times with at least two different blonde objects, shared extensive, frank,
ring and bruising. Her brain had hemorrhage She had defensive wounds on her hands and arms. It appeared that the attack was coming from lots of different directions. She was not sexually assaulted and they found her purse, so she wasn't odd either. Her family is obviously devastated to learn about this hand, parents broke the news were about her sister and they went into action. Despite feeling less. They really wanted to find justice for their daughter for their sister and so posters were made about kimberly, they offered thousand dollar reward for information leading to the killer or in for asian about her murder, the fan wrote letters. The local paper imploring people to come word if they knew anything. I don't
More? Can you do then, that there is Dear though, that someone their new something. This wasn't a crime that was done in secret in fact, because of all the rumours that were starting to float around that, maybe multiple people knew what had happened. and could shine a light on this, but they weren't coming forward yeah. Nobody suspected a stranger or somebody just passing through had done this. They felt it was. Somebody she knew possibly friends of friends or another circle of students from her high school. So there's small community, the fort peck reservation they're alive native americans in the area- and I think it's one of the aspects This case that cause long force men to have a lot of issues its because there lotta people that is didn't trust. Law enforcement and justin
they came to this case when it came to the collection of evidence when it came to the crime scene. It wasn't They had a police force there with detectives and p, the locking down the scenes. In fact, they had multiple agencies, tribal police fbi. sheriff's office on the scene with when in charge and people, just why hang around taking pictures or looking at things and basically contaminating the scene. I think the sheriff even comes out and says the entire scene was destroyed. All the evidence tainted. Please procedure was not followed and it's hard to derive anything from this murder scene. So right from the gatt go when you think you have all this blood evidence, this hair evidence
print evidence shoe print and footprint evidence, and yet much of this really doesn't matter anymore effect. When you get down to it it, it felt, like the palmprint, maybe meant something and then pretty much? Everything else was in our good luck. We don't know if it counts. Oh, and I think that the document Did it enough, where we can say the footprints existed, the fingerprints existed, but then, when These investigators walk over the footprints or touch things all of a sudden, some of those fingerprints can be used all of a sudden. You can't take a europe a plaster cast of one of these footprints to compare it to something else, because it's all trampled over. They also ended up finding a bloody towel on a fence and they think that it was tied to this crime but, like all the rest evidence they test what they can
where they able to link it to a suspect know they were not So this is this is looking like a pretty hopeless case. Now there were many suspects, one of them was her boyfriend gregg nor guard because they did have An altercation that night and arguments- and maybe he was really upset when she went back out. He met up with her that's a theory, but they spoke to gregg, nor guard and well. They just didn't think he was involved. They cleared and basically but very little time with him, one of the early suspects other than nieces boyfriend was an athlete at the school named albert Googe curve. and he was a former allstate guard at popper high school, he had this- I guess reputation
for fighting and drinking a number of people said that he tried to force his affections on younger women. This is This is something I found out on the montanans for justice, dot com website, It was actually a witness name, Joanne Jackson, who told the fbi I one of those agencies that was on seeing the beginning, just you after the murder that someone who lived across the poplar river from the murder scene had heard kidney screw. and when she was screaming, was no googe. No. joanne jackson wouldn't tell the authorities who had said that She just said that she was told about this and that, in some time later, she told them the name of the person she heard it from by it A person denied ever saying that it was an early suspect, but the
You didn't think much of it because it only came from one person. Anyone That person named their source. That sort said I never said anything like that. I didn't say I would just say it's not credible, because if one person we had multiple footprints and fingerprints, go figure. They will end up talking with bury beach multiple times, but the essentially clear him also they talk to about fifteen other people that our friends acquaintances what not end there, sort of spinning their wheels here. So, let's talk about when berry, each was question: let's talk about his alibi. He said that the day before the murder, this was June- fifteen nineteen, seventy nine burial spent most of the day swimming. He was smoking. Marijuana drinking beer with his friends
Shannon O'Brien and her boyfriend near the poplar river. And where are they swimming was pretty cool. As to where Kimberly niece was murdered, which might be coincidental because it is a hang out spot where the kids would gather. Not only did barry admit that he was drinking and smoking pot that day, but he actually goes on to say, he'd been binge drinking for several days so and he had said that he had tried to get PAM nice to go with them, but she said she didn't want to, and then he said when he was getting ready to leave because he's right arm and sleep it off. He said that his car guts, in the sand by the river bank, and so he then had to walk back to town, got home where he was
one person there, so there is no witness to say yeah. He came home at this time and went to sleep. He'd been partying for two days straight and no one's home. He goes to bed, that's his alibi, which cannot be corroborate did by anyone and his mother did return home later, and she said that she checked on him. She got home and they was asleep in his bed. I guess I can say that is by the time she got to whom it was early the next morning and she's he was still dressed at that time and then june, sixteenth, very beats, went to grandparents in montana ranch. It was located twenty miles south of popular and he had already plan to help them with branding their young cows that day. So it's not like this was suspicious or he was trying to get away. His mother and his sister joined him for lunch that day, in that
when he learned of kimberly nieces death, his mother and sister do not report that he behaved any differently besides just being kind of shocked that his friend was and I could believe that he would be shocking oath if very beach didn't kill kimberly because they lived on. Same street when they were kids, they played together all the time. now I had mentioned early on that Barry's mother would encourage to go visit. His father, who lived in monroe, louisiana its monroe, if you're from their well mary went to morrow and I think a law. This is you know you don't really no, your dad! Well enough! You should go, spend some time with them. Better, He's time in monroe didn't go that well, he end up getting a drunken driving ticket while he was there
and so he had to stay longer than he had expected because he needed a pay it off. So he needed work, earn some money and pay that take it off before he could finally return to Montana, which he d in december of nineteen seventy nine he bounces back and forth between montana and louisiana several times to visit his father, but that first I mean back to montana detectives want to talk to bury again about kimberly's death. Now they look at him and thank you left poplar right after the murder the way bury responds them, as he answers all our questions, any talks about why he left poplar. He goes on give them his finger prints, his palm prance, even his footprints It gives them a hare sample. They had found a hair on kimberly's clothing. Tat did not belong, kimberly they need hair to analyze, did his
fingerprints match any of the once found on the vehicle. Why are they took his prancing? the comparisons and they didn't match any of the prince that they found about that palm print. His palm print did not match the palm print found on the truck about the footprints. None of these things matched they couldn't match berry to any of their forensic evidence. and bury told them he said I don't have anything to do with this. I don't No, why would kill kimberly data you're, not a suspect and a release him later. They asked him to take a polygraph and they said hey all the other people we ve questions we ve had them. Do that as well. So it's no big deal here. His mom and step dad to go. Take this polygraph. I think it's because they tom you're not assess, suspect we're just really trying to get information here, and this led just know that in the end- you're getting us is truthful and then we can use it. We can clear you again:
and so he goes and takes this polygraph tat any passes it at least that's what they tell him take momentary where, from our sponsor third love skip the trip, find your fit with third loves online, fit finder order and try at home no more awkward, fitting room experiences. third love helps you identify your breast size and shape in fine style that fit your body. Every customer has sixty days to wear wash it put it to the test and if you don't love, it return, it third level, wash it and donate it to a woman in need hands down the most comfortable bra. Your own straps that won't slip, tagless labels No etching lightweight super thin memory, foam cups mould to your shape and our proprietary. The third love
I wife loves her third love bra. She loves that she can get a half cup size and she thought that taking the fit finder quiz was fun. It's easy take sixty seconds over twelve million women have taken the quiz to date. Their love knows, there's a perfect bra for every once, a right now they're offering our listeners fifteen percent off your first order. Go to third love: dot com, slashed gen y. Now, to find your perfect fitting bra and get fifteen percent off your first purchase. That's third love dot com, slash g e n, w h Y for fifteen percent off today sure, to check out where the crowded sing in theatres July fifteenth based on the best selling, book comes a juicy mystery full of romance murder and deadly secrets. Daisy Agur Jones plays kyar an outsider, who grew up alone in the marshes of north carolina She finds herself drawn the two men from town. It opens a whole new world possibilities until one of them turns up dead blamed for the murder,
the town once answers, but will the truth set kyar, free or condemn her forever produced by reese witherspoon featuring a new. original song by taylor swift. This is the event film of the summer, see where the crowded being exclusively and movie theatres July fifteenth buy tickets. Now it may have nineteen eighty bury received a certificate of camp, she for high school, but he wasn't allowed to walk at graduation because he was missing a quarter of an elective credit not on how this works. But I don't think this is a big deal. for most of his eyes, days. He was a very, very good student, soon after this at bury was arrested for driving, while his license was suspended and This is due to that dui in louisiana. So he then had to serve at twenty two day. Jail sense then when he was released here, come the detective
asking again to speak with him about kimberly niece, and this time they talk to him for about two hours and bury answered all there. Chickens and was again they're asking him to take a polygraph. Now he art Taken one. Why does he have taken Why do they have some new compelling questions or something it exactly he's actually cooperating? He's answering everything but come on is now essential being hounded for the same information and a second polygraph. I understand why he was kind of like am not going to really cooperate with you or I'm going to take off on you. It's. It's like they want a do over hoping that he'll fail this one, so they can throw it back in his face and say ha see. You didn't pass At no time does he asked for a lawyer. Well very does seem to ditch the detector
Is any heads back to louisiana to visit his dad again and while he's there he's working construction and living with, Bad news that mom, nineteen eighty one december of nineteen, eighty one he a list in the navy the sign to the? U s: S, prudence in norfolk, virginia in eighteen, eighty two they were supposed to set sail to the mediterranean, but the sheriff's office sent a letter to the navy through the f b I office, and it said that Barry was a suspect in kimberley's murder and two people had placed him at the scene of the crime. Okay, two people, the navy, told Barry. I get the sheriff to clear you
or taken honourable discharge. If he stayed in the navy without being cleared, he could be charged with fraudulent enlistment and possibly sent the brig or even leavenworth right down the street from us, so very took the discharge and that that's because when you enlist, they ask you some pretty important questions. if he was actually connected to a crime and eaten up to it on the illicit questions, then he enlisted fraudulently. But he didn't because you didn't know he was the prime suspect. They never told him yeah they kept ray. Shoring him that you're not a suspect you're, not a suspect, Conover baden switch but this is years later. So
with contaminated evidence, contaminated crime scene, multiple agencies, multiple suspects, different areas there settling on bury that's what it looks like so bury leaves norfolk virginia returns to Montana goes to the sheriff's office, says: what's up with the latter. What's up with me being assessed backed and the sheriff actually denies writing the letter even know it's a letter written from that sheriff's office, complete with let her head and signed by the sheriff. The sheriff says that very wasn't a suspect, but he doesn't offer to help bury in any way. He doesn't offer to call the navy and retract the letter. Anything so very obviously is pissed off and
besides to return to louisiana with his father, berries. I won't say the bad guy, but he's a party or he's drinker. So on october, thirty, first nineteen, eighty two he's arrested for misdemeanor theft. He friend were caught breakin into a junk yard and site in gas people actually do that he pleaded guilt. And got sixty three days in jail, it was verily, embarrassing for his father and his family and his father said you need to leave. I dont want you at my house, so very moved out. At the same time, he was talking to his little step sister. She
is fourteen fifteen years old, talking to her about running away with a friend and hitchhike to texas, to see her father Barry was trying to talk her out of it and promised to call before she left on January. Fourth, one thousand nine hundred and eighty three, she called Barry and he picked her up and her friend from their school brought the girls to his apartment and again tried to convince them to stay. He then called his father and stepmother when they arrived all hell broke loose. There was a confrontation bury left with his sister and her friend. He returned home a few hours later and police officer we're waiting there to arrest him for contributing to delinquency of a minor cutting out the shaft here, where I think really all this says
That may be his dad is a little difficult to deal with and both he and his is sir had issues with them. I don't berry or his stepsister really wanted to live there, but I think with bury trying to talk- or out of it, was just, moreover, you're a little young to be running off you probably she is Stick it out until you're of age to leave easy for him to say bye. in a way you could say he's looking out for you. we didn't know where that. Well, because it was his dad's wife's daughter- and I think this is it The situation where barriers, at least so far he's looking like. Maybe he is a decent guy. You know he's looking out for his stepsister. It didn't go well ends of with and being arrested again, but in at the heart of this seems like he's trying to do the right thing now. He ends up spinning in jail without fifteen hundred dollar bond. The next day officers find out that bury was a suspect in the nineteen set
nine murder- and this is why were even talking about this arrest in this family. Altercation is because this is where the police officers literally four years later here that this suspect now. This is in louisiana, not montana, but these louisiana cops. They have some unsolved murders in there. Right right. There were several murders that they had connected. They learned that bury had actually met one of those victims before these detectives connected him to one of the victims in their murder unsolved cases, and then they learned that he was a suspect in this case from Montana. So now he is connected to murder victims. I think they're saying what are the odds connect? The dots right
Berry is interrogated by two detectives for multiple days and he's questioned about three different murders that went down in louisiana police, maintain that they were friendly. Non competitive and that very had nothing to hide so bad. He answered, alder all their questions. The next day january, seventh he's told that he's going to be released to his feet. other. While he's waiting in the lobby for detectives entered and began interrogating him again they were not being very nice. This day they told him that they had fingerprints and shoeprints linking him to the scenes of the monroe louisiana murders, very, of course, is denying all involvement and add some
mine is asking for an attorney. They do not grant him one He also asked to speak to his mother over the phone, but they denied it because, according to, harry. They told me that my mother specifically said that I was no longer her son until I talked to them and confessed to these murders, and we talk about this before, but they can lie to you. all day all night. Long one thing to know that, but most people probably don't know that right he's twenty one years old. What does he know about this doesn't know anything. They also block his father from pain, his bond in releasing him from jail with these interrogations, he's question on and off they give em a voice, ass test. Whatever that is, and They have him sign away his miranda rights multiple times you
told that he failed all the tests that they gave him. He was told that they know he was involved. Varies somewhat of religious guy. A more the detectives said. I'll pray with you You know anything that gets you more buddy buddy with a detective probably sounds like a good idea. Right or maybe he feels like praying is what he should do at this point, because it's looking pretty bad, I mean, after all, he thought he was being released and now he's being interrogated. So, according to Barry, God told the detective that I'd kill these girls, and he wasn't going to forgive me until I can fast- and I remember this is barry, saying that Remember telling him that I felt that my forgiveness was it. Is this
for god to make and not him and he just went ballistic, so this detective flips out on bury they go on to threatened him with the electric chair saying we can put you to death here in the woozy anna, and this is what it's like to die in the electric chair, pretty horrifying they're saying we can nail you for these three murders and execute you at this point. These interrogations have gone on for over seven two hours he's not been granted an attorney and. when you're held for that long without charge, you're supposed to go in front of a judge. That's just the process there. I guess they don't put him in front of a judge but the reality of it is there not even really trying to get bury on these three monroe murders trying to get him on the kimberley niece murder. They pretty much pull a switch.
Who on him at the last minute, then they asked him. Can you give us a hypothetical situation of how kimberly was murdered with you as the perpetrator? That's when you like these started. You know worming their way into him, giving a confession which its questionable, if he even gave that as a confession, were views, is giving them what they wanted. here, because the amount of stress he's under willing to say whatever it takes to get this the end. So he gives them a story about how kimberly niece die. I'd and he says that he got in the town, with her and they went down. In this area by the poplar river and that he was trying to make out with her. Essentially an kimberly wasn't having it as if she started fighting him off And so then he would hit her and he would kiss her some more and
I mean to me this sounds like an attempted rape, yeah yeah, and he says he finds this crescent wrench and begins beating her with it after she. I guess she gives him a pretty good hit into the face or something it. Gets worse from air now he he says that she got out of the driver side and he got out the passenger side he went around the truck and sorry hitting her again. I think this, what, with tiring yards crowbar tyrant, something he found in the better the truck and then I guess he got her on some plastic and then he dragged her down to the river and I guess through her in the so. This is his statement now, because the interrogators or saying we're going to put you to death for these three murders, unless you essentially confess to this other one back in montana, and again
Barry didn't just come out and confess or anything he was fighting them in arguing with them, but by the end of it he knows that it's a confession and that they're documenting it and there aren't going to have him sign it. But the thing was is according to bury they reserve dangling that, as one of you tell us how you theoretically did it and then we can check it against the facts and we could possibly clear you almost felt like well, we just need you to cooperate well, more. I'm with us I mean I think he thinks that this is a little light at the end of the tunnel. It's not it's a train. He good analogy bury, like other people, feel that if they just tell the invest gators what they want to hear they can get out of this room and then they can fight it amongst the courts. The legal system
or they can make it all right later, because they know that they're not going to talk their way out of it within the interrogation room. The problem is, when you give a confession in an interrogation room, that's They need and there's no making it right later, so very even tells the investigators I'm gonna, tell you this too. So I can get back to montana. Make everything right One of the investigators actually says: well, when you do, I'm gonna help you I'll help you clear name back in montana. Again: Dagon lie to you. well. That's the end of very beach, he's arrested for the murder of kimberly, niece and he's cleared of the three monroe murders the trial. Justin is about eight months later. They extra right bury from them indiana to Montana. There's some contention about this extradition, because he was only seventeen years old when the murder was committed, but it gets straightened
Al Louisiana allowed his transfer and he pleaded not guilty but he was placed in montana, adult courses and sam. You know taken in well, he was a minor at the time, no he's being tried as an adult record it's here he's also filing a motion with the help of his attorney to suppress that confession, because as he puts it, it was coerced has been maintaining his innocence literally, since he walked out of that interrogation, room hey, I know criminals can do whatever say whatever, but he says man soon as I walked out of there. I knew I'd done the wrong thing and I'm trying to write the situation. They deny that motion. When you have a confession, that wasn't really given under duress that goes in and he screwed now the trial started about eight
on slater, but early on he was actually offered a plea. Deal I had to do was please. Eighty two mitigated homicide and they would give him a twenty year sentence, so he could pay simply get out in about five years, but very beach says I'm innocent and I'm not going to plead guilty to something that I did not do so. He rejects the plea deal roles. Those dice yeah and you do, but we recently talked about a case where we question why someone would not take a plea deal This case this pretty serious murder. This isn't a queen general situation, where you kind of some wiggle room. Now this is if they find you guilty you're. Looking at hard time, it's a brutal murder kimberly was beaten to death it's not something that a jury or judges gonna take lightly they're, going to throw the book at you and-
He maintains its innocent, so he says no palmer taken strong. He goes to say that he felt that, after having given that course confession that if he had played guilt, it all that it from then on out. He was just compounding his men aches and he didn't want to do that. His family ends up hiring charles timer moses, as a defense attorney. That's one heck of a name. The trial began on April tenth, one thousand nine hundred and eighty four and his attorney brought up concerns about finding an impartial jury so he was wanting to go to another county because he thought well, this isn't good for very beach. We do it here, change venue prosecutor was mark. Roscoe he's well known in Montana. He eventually became the governor, as
speaker on this case. He centred the evidence all around the confession. Obviously, because the forensic evidence couldn't be tied to bury so he's really saying hey, he gave a detailed account of how he murdered chimneys. That's the smart approach, I just in korea That's all you need is a confession. You play that confession. You read that confession. You make bury redoubt confession on the stand. If he actually takes a stand, the jury gonna laugh at you, so he uses his confession in court. He has one of the detectives come up and they play the role of detective and bury beach, and they go through that can fashion, so they can play it out in front of the jury now. Roscoe has this timeline for the crime. How very met early at the service station in poplar how they then drove to aspire by the river to chat and they smoke some pot and then
that's when bury started. Making the moon on kimberly and she refused- and that's the escalation happened. That's where bury? Would you was violence on this woman who had refused his advances, and he hid her several times and she got out of the truck, and then he ran off on the truck and tackle their assert heating or more and more then he dragged her body to the river and he threw in the murder weapon and the keys. He then burned his body clothing and walked home. An interesting part of the story is he takes off his bloody clothing burns it in a train box, car and walks home neck. It covered a blood. Now give it it's the middle of the night. I don't know of any within asean, but it's an interesting way to cover all the tracks here and
that this confession is coming four years after the fact, it's really hard to fact check it. Now, as I said, there was supposed to be a crime. Ranch in that truck and kim's father tat. The fight to that fact. The prosecutor go, sign dimension, that there is a pubic care found, kimberly sweater that belong to bury beach and I'll. Tell you what johnson that's the clincher because of your a jury, and you hear that this suspect has confessed, and then you hear there actually is one piece of france evidence that ties him to the murderer. How do you not find him guilty exactly? That's the only evidence that you need is placing him at the scene. The defence tries their best, they come out and they say look physical evidence cannot tie our client to this murderer. You can go through all the fingerprints blood type footprints hair, all that no connect
into berry and then his lawyer Moses goes on to question the louisiana detectives about how they intend hated bury their methods. How that can be, they may have been coerced varies mother, takes the sand and denies ever making any statements. About her son having a blood on his clothes. Yet with awe. This. It doesn't matter because you have a confession and you have a few care. This trial lasted for three days and the jury took six hours, which is shocking. I think, to deliberate on April thirteen nineteen eighty four very it was found guilty of murdering kimberly niece. He sentenced to a hundred years behind bars, Yeah bury it asked for a chance at life, meaning please let me have some parole at some point that was denied now, just in how many times we have talk about this, but at some point we had this in court decision. That said, if you're a minor and your evolve
crime where you're given wife well, is just now Ere. You need to be re sense. There should have been mitigating factors, because your brain has not developed enough to understand what you were doing and the repercussions that come from that. So you would think that they would apply to this case because he's in a hundred years. Is that not life when they brought him any was in his twenties? That's definitely life you're dealing with an adult. Now it's hard to look back and consider him a child at the time of the murder This is shocking for burying his family, but a gift Kimberly's family, some closure they ve been waiting for justice for over four years burial worse, maintained his innocence and even after being sent to prison. He started writing letters. He started filing appeals with the help of his attorneys
on July, twenty fifth nineteen. Eighty five, the montana supreme court upheld this conviction and they rejected that is key. fashion was not voluntary or that trial should have been moved in that he should have been tried and not court. So all these arguments from Barry were thrown out. They said they just aren't important when it comes down to it and that's what blows me away is. This is the fight he asked to make. Is I falsely confessed. I should have had a change of venue. These are the technicalities. These are the things that are, going to graham retrial, not the inconsistencies in the investigation, not the inconsistencies in his confession, nothing that are based in what us, true crime fans believe would completely exonerate him or at least bring into question his guilt small scale. Food is so fresh, you might mistake, for your own lunch. Now we're not joking
this fresh human grade cathode delivered right here doorstep. The protein pact recipes are made with human great ingredients. You'd find in your own fridge. You might be wondering Why can't I just feed my cat kibble, won't believe it or not. You're cute kitty descended from ferocious desert cats who hunted pray for food. They still need fresh protein pack meals, yet their very best for you, other cathy brands know this, but they choose to put their wallets first small. On the other hand, work with leading had nutritionists to create protein pact recipe. That are exactly what the little fir ball craves and needs errand. Cat banana boat, loves the kitty, snacks and the rest of his cats can't get enough of this food higher quality ingredients mean a healthier and happier life for your kitty. Try small today customize your sampler through a short ways at small doc slash generally, for total fifteen dollars off your first order that small calm suggestion why code jen why
now there's some matter of the fact that after his confession, there was a mother, confession this is in quotes where he was with an attorney when he was speaking to the detectives, and so that's what the court using as hey you had a lawyer there and you still said that you had done it. So it's on you he filed for posts, conviction, relief from the Montana Supreme court and ivory, if ninety ninety six they dismissed that because they said you didn't raise the issues you brought up here within five years of your conviction, so the aren't new issues and we already settled this august six night He ninety seven, his habeas corpus petition was dismissed because there's no evidence. His confession was false or they was innocent. Again, it's the same stuff. We only knocked down you're still bring it up he's getting these chances, but they don't really mean anything to the courts, because they're already our decisions that were made. They can easily bat these things away.
it'll of ninety. Ninety nine, that ain't circuit court of appeals upholds all the previous dismissals and bury was out of appeals at that point. Now it's in two thousand, when bury gets a glimmer of hope, because centurion ministries begins working on his case, their based in new jersey, their innocence group, and they have freed at that point. About forty wrongfully convicted inmates between years of fighting and three and two thousand seven is no surprise. that after they looked over all the evidence in the case they decide did that very beach was innocent of this crime and found that it was compelling enough that they
listed the help of seattle, based attorney named peter cameo in two thousand five very asked that they pubic care and a bloodstained towel that was found near Kimberly's home, be tested for dna. The blood on the towel did not match bury or kimberly, so it was. Somebody else is blood d, pubic care or when they go to test it as we find in most cases, they can't find it. They ve discarded the evidence, and you know that pivotal piece of evidence. That was the only thing tying bury to this case. That's gone into, doesn't five. He files for clemency, Andy Montana, board of
britain's and parole denied him in two thousand and six. They apply again for executive clemency to the governor of montana Brian Schweitzer. Typically, clemency is applied for people on death row, but their shooting for clemency with very just because it's a licence, centurion ministries, they're, involved, they're able to describe and compare the confession to the crime scene to the theory of what happened and they said that Barry didn't What kimberly was wearing how her body was actually disposed of. His description of the crime was very highly
vertical. It was as if someone was saying. Ok, if I did it, I guess I did it this way, so it's not very convincing to them. They also said that the description happen before he confessed the murder, in other words, here he had the deed else, because everyone had those details whether they were right or wrong. That was what was being spread around town had been out in the news. Even so, we knew that she had been bludgeoned to death with a wretch that was just pop knowledge at that point, according to century ministries, very said that this second confession that we talked about earlier, never even happened. He didn't know that it was going to be an evidence until it was testified to trial and his attorney from louisiana sign, an affidavit saying that it never. In his presence. So even the attorney who the law enforcement officers from the share such is the saying was there during the second
confession he sang. I wasn't there in fact, I'm signing something saying I wasn't there so was is made up It makes you wonder right. They go on to say that the prosecutor mark roscoe committed prosecutorial misconduct, because he the states special prosecutor at the trial, after that when become and has attorney general and then on to become governor, but at this eighty four trial during his opening and closing statements here, both to the journey said this pubic care that was and on kimberly sweater it mashed, berries, ok, but was important about this is the judge it rule before the trial that it could not be presented as evidence to the jury and the south. scientists who made the analysis stating yeah it's berries, hair, never testified in fact that scientists, arnold mel knockoff, your transferred to another job and washed in state where hair analyses were widely discredited and he was later fired.
After a view found that his work was sloppy and he had been cutting corners and just add to that hair. Follicle analysis has been shown to be there The pseudoscience see these days, yet the prosecutor still brings it up and opening and closing statements, totally untrue. Launched and to top all that off the chain of evidence for that hair was broken so can be used as evidence anyways and let's go back to his confession. He says that he was in the passenger seat and she, driving he attacked her. he jumped out on the drivers I'd he jumped out on the passenger side, but the evidence dictates that that's how it happened. She was dragged from the truck through the passenger out there from your side of the truck, and then you have all the footprints that don't match berry
There is a guy driving home from a local bars nameless richard hole in. He had said that he saw kidneys with other people in the truck she was in this is when she was driving toward the park. That would seem to support this idea that there were other people with came at the time in theirs. So many problems here yeah, if you're looking for cases where the evidence doesn't seem to fit the suspect. This is one of those cases. I mean just look at the evidence and you look at the confession. It just doesn't make any sense now, just in let's go back, two five, a m: this is the very morning after the murder, so just hours after kimberly was murdered. There was a call me: and this might shine light on. Another theory in the case
there's a woman name, sissy atkinson. She called done oconnor one of the tribal officers at five, a m. This is two hours before police were notified about the murder. Sissy tells done they found Kim's body down by the train bridge. This is before anyone else knew now. Who is this sissy woman Well, she is one of multiple girls at the time that were rumoured to have murdered kimberly. What was their motive? They were jealous add issues with her. They didn't like her. It said that can
early. It actually gone out with one of their boy, friends or babies daddy's at the time, literally that day or night before the murder, so they do have motive. It shows that they're probably was multiple assailants here between the footprints you have to. Shoeprints and one barefoot print, and then you have multiple weapons used. You have kimberly's defensive wound showing that she had been attacked from different directions. Now I understand that an attacker can hit you from all different angles and if you're defending and turning around and stuff it can look that way. But how Did she know kimberly was dead two hours before police came across that pickup truck.
That's his claim. When sissy was asked about this, she denied it. She denied ever calling done. But the strange thing here is: it's not just duns word MIKE long tree. He lived in the area and he told multiple people that he was air at the time of the murder- and he told some of them that he witnessed her being killed by some american girls not bury beach who were these women? Well, the names were maud gray ha who is also known as my kern sissy atkinson, Joanne Jackson and Jordan. Ferguson, that's for women that were named, none of them very beach, so you have different people stating something else they also had Another woman come forward later saying that she and what her younger brother were out there. Then
some screams had heard women screaming and yelling and having an altercation the way she described. It was There were some girls attacking and other girl, but but she claims she never came or because she didn't trust law enforcement. Do you have the maid american community here it's a little dicey with law enforcement. I can understand now the thing about sissy atkinson is her brother said that she had implicated herself and the death of Kim but sense since he was never on trial. In this whole, alternative theory was never vetted will never know me. I was considered hearsay, we could go to all these different theories. Go through these difference, testimonies given by people layer on, but really I think stands out to me in this case is the fact that the physical evidence scene
to suggest that there were multiple attackers at least three other people who attacked kimberly niece yet We don't have any evidence that it was this set of women that were being accused. How do you go anywhere with this case? Jason dirty looked at very beach and said you're, the guy they got him imprisoned. They can't really go after these. Other people with this other theory, because at least one of them is related to a law enforcement officer. Bod gray hockey, steve gray hawk, was her father and its alleged that he broke into the evidence room. Yes, the evidence room was broken into the day. After all, this evidence elected, and so is contaminated with our
what he contaminated now is contaminated again to double baked potato of contamination. So you have to realize that these girls were rumored to be involved with Kim's murder. One of them's father happens to be a police officer and then the evidence room is broken into and the evidence is rifled through. You can kind of connect the dots of why he is the one that's alleged to have done this. although he completely denies it. I saw an interview with him on dateline and yeah: did he really deny it, or did he just basically say you wanted to punch someone in the face over being accused of doing your right? He actually didn't deny he just said he he he just wanted to go after whoever alleged he had. I guess that is a form of deflection. Isn't it I think Everyone should think about this case and decide for themselves whether they think bury beach. Did it or not? Our know how you can put this amidst literally
everything's been contaminated. They chose to go after a guy, Four years later, he gave a confessed, then, but it was after what forty eight seventy two hours. If interrogating, they say the confession he gave was with his lawyer present, but his lower wasn't present. None of the physical evidence matches and even the hare follicle evidence wasn't allowed in court, but the prosecutor found that little lou oh, you know like. They do, then, is loophole because it should not have been allowed see. What on earth and is using something that wasn't supposed to be allowed to be used in court. That should have gotten his case thrown out. Am I wrong? No you're, not wrong. If, if you let that happen, then why can't you just make up something in the next case and get away with it? Oh, you know what we have a picture
showing very beach attacking kimberly needs in the truck then say what you want You don't have to produce it either. You just have to say it. So, even if you think very beach did this the process to happen here is pretty disgusting. The Montana attorney general's office. There are not be about these clemency requests and you have to understand the clemency requests that they're trying to get for very beach there being supported by other people, and so you would think that would help him out right. You would think that this is a strong theory, especially since they can't tie any of the physical evidence or forensic evidence to bury beach they're trying to pull all this through forward a pardon. and parole, rejected berries, claim of innocence and two thousand seven they don't recommend any kind of pardon or computation and they said no proof of
since or newly discovered evidence of non guilt was ever presented to them. They also maintain this confession was not coerced and that he needs to take risks. on stability and come to grips with his wrong doing so again. This guy has no appeals. His clemency aren't. going through january of two thousand. Eight very then petition district court for a new trial based on new evidence that wasn't available at the time of his trial. So what's this new evidence, justin essential we have all these statements from all these different people in that town of popular saying these girls said they murdered kimberly. You had the witness that heard the screams. You have all these people coming forward in saying it wasn't bury. It was this. Other group
and trying to get the truth out there. The petition was denied in march of two thousand and eight, but the judge did not include analysis of his decision, so the Montana supreme court sent it back to a lower court for hearing and in December two thousand eleven a different judge in the lower courts rule the new evidence was compelling enough to warrant a new trial. It seemed to me as though he said now I can see what's going on here. They didn't really get him. They had, I suppose, a confession by it. come on so finely there's someone reasonable speaking up here, but it just blows me way that this first judge denies it kicks it down, because the judge didn't put any details and why he denied it. It gets reevaluated. Like that's a lucky break. I mean it is just ridiculous like is there any science to the legal system here? How does one judge find it one way
and other judge find it another. This is why I say you could take some of these more questionable cases running through three times and you're. Gonna have different judges find different evidence, inadmissible, or you can have different judges literally allow things are disallow things and you can get a different result. Every time, human beings, man anyway, because of this decision very is released while he awaits what to be a new trial right, so he's free and he gets to work a business man in billings montana, named James Ziegler, who had met berry and prison prayer services said hey I'll, take custody of you. Why you're waiting your trial
get your work, so he starts working as a maintenance manager at a best western and billings montana out of prison. He gives a job is doing the right thing again. He looks like he's a good guy he's he's making friends and he's working hard may fifteenth twenty thirteen the montana supreme court ruled that very beaches, new evidence, which is made up of testimony that they say, is primarily hearsay is inconsistent. And inconsistent with the evidence presented at beaches. Nineteen ninety four trial, so it does reliably displaced the evidence at said trial, including his confession. So what this means is yeah. You may have had some fun while you're out but you're going back to prison because you think you have new evidence, but it's hearsay. He has to surrender himself to the police and
go back to serving the rest of his one hundred year sentence. wow at that I almost wonder like if, if I was in prison- and they released me for a brief period of time for retrial- then I guess that's a nice reprieve, but to have to go back that said, I I just I couldn't imagine that would be the worst hell ever two thousand and fourteen barry files, a petition for executive clemency to the governor who at the time was steve, bullock and bullock basically seemed to be on board with it. He wrote to the board said I support the bed and if the full board recommends clemency I'll sign it june eleventh two thousand fourteen the board denied recommending him for clemency,
at this time very sense had been reduced to fifty two years based on good behaviour. He wouldn't be able to get out until he was seventy four I remember very says, he's innocent so getting out let me for is not acceptable. Now again, he was seventeen at the time of this crime, and you say, he's guilty fine Berry sang to this Montana Supreme court, I need a recent sing hearing or at least the removal of the pearl restriction based on the fact that he was Seventeen at the time that this crime is committed again, two thousand and twelve us supreme court decision. Mitigating factors does it apply here. Well, may fifth, two thousand and fifteen montana supreme court night his petition, but- and this is actually something we knew about it signed because we see
I was one of those states that did not like the supreme court decision in the way that they fought. It was to say: okay, guess what it's not retroactive. It begins the day you made that decision not before, but before that ever got dealt with. A law went into effect on october, first, two thousand and fifteen in montana that granted the governor the power to grant clemency even when the board denies it. So at this point, the governor can actually override the board on it november, 20th, two thousand and fifteen steve bullock. if the governor of Montana signed an executive order that granted clemency for barry beach and it commuted his sentence to time served and put him on parole for ten years. This is not a pardon, though okay, it Means or releasing him with time served, and he is on parole and at noon that very day beats left the montana state prison
after serving more than thirty two years and he moved to billings, He had a lot of powerful figures on his side. Even the former lieutenant john bellinger former you Senator Conrad burns a former governor There's a lot of people that were in his corner, alot of heavy movers, so it's good to have friends in high places. That's the only reason why very probably got this clemency. but I wouldn't say they were friends. I mean I think, what and was these policies. genes in these powerful people actually took a look at the case. and they were moved by the lack of evidence, and I applaud them for that, because seems like so often people don't want to take the time and they just say you found guilty. I trust that system
it seems as though they were actually paying attention, which is great great fur montana dealing. question I have in this case is not bury, never got to have there are their trial to try and prove, isn't it thence or at least to establish that he could not be connected to this crime and therefore get that guilty verdict off of him. I mean this. This will follow him to his final days because he was freed from prison, but he wasn't found to be innocent time served in how they they took mercy upon him because of the facts of the case, but he was found guilty justin. If I was in his shoes and I was granted clemency, I would probably just count my blessings take my legs and move on, because if you do try to get a retrial to prove your innocence,
They could find you guilty again now you'd like to think that, with all of the facts of this case, that a jury wouldn't be able to find him guilty, but now there's no guarantee.
The.
It feels like we're living in the golden age of scammers from Anna delve ii to the tender swindler. These stories are almost impossible to believe that their amateurs, next, the toolbar sickly from wonderingly and pineapple street studios- comes the new, true crime, podcast persona, the french deception, the untold story of one of the greatest criminals of the twenty first century, a man who khan the world's most powerful billionaires corporations and even religious leaders out of hundreds of millions of dollars. They all thought there were smart enough to spot a con, but they had no idea dealing with do you hear the full story. Follow persona the french deception. Wherever you get your pike ass or you can listen early on amazon, music for early and ad free by subscribing to wondering, plus it apple pod gas, for the wonder, YAP.
Transcript generated on 2022-07-09.