Barry Beach--Schweitzer's Opportunity to Change Montana

Montana governor, Brian Schweitzer, gave a high school commencement speech this spring to a graduating class of one, embracing the opportunity to honor the young man who had worked diligently to gain all the educational requirements necessary to graduate. Governor Schweitzer made certain this young man experienced all the pomp and circumstance his situation afforded him, showing us that each individual is important and valued. The governor´s generosity of spirit to make this young man´s graduation something he would not forget was the right thing to do.

Let him not stop there.

Another individual Montanan requires his attention. Barry Beach languishes in the Deer Lodge prison for a crime he allegedly did not commit. He, too, deserves a second look, and at least a second trial in the murder of Kim Nees. Too much nonsense surrounded this case from day one, and no one in the town of Poplar seems to have enough testicular fortitude to do the right thing. The lies and deceit started immediately after the Nees murder in order to protect the many involved, including Maude Grayhawk, Joanne Jackson, Sissy Atkinson and others.

Maude Grayhawk, one of the girls who admitted kicking Kim Nees in the head that night, during the savage beating, was reportedly involved in a motor vehicle accident earlier that same evening, and that was never recorded in the police log. Why? Because her father was Officer Steven Grayhawk who was on duty that night. She was also seen by another officer the night of the murder, leaving the park in her own car around 2 a.m., around the time of the murder. The second officer reported it to her father, Officer Steven Grayhawk, and that information is not recorded anywhere. Maude lied and said she was home in bed by 11 p.m. when, in fact, a barmaid´s testimony places her with Sissy Atkinson in a local bar until closing time. She is reported to have gone to Rose Failing´s house to shower that night. Rose is now married to Sissy Atkinson´s brother, Denver. And the plot thickens.

Years later, Maude´s ex husband died at the hands of her boyfriend after threatening to tell authorities of her admitted involvement in Kim Nees´ death. And, recently, former officer Steven Grayhawk now says he was not working that night. Let's not forget he broke the lock to the evidence room and disqualified all the evidence using the lame excuse he was looking for a bathroom. Right.

Sissy Atkinson´s brother, Bobby, was Chief of Police at the time. Sissy reportedly called acquaintance Dean O´Connor at 5 a.m. to say Kim Nees was dead. Kim´s body was not "officially" found until 7 a.m. Barbara Salinda, Barry Beach´s sister, found out later that morning, and well before Barry knew. Sissy had a bone to pick with Kim and was supposedly upset that she was dating an old boyfriend of hers. A motive? At the age of 18 or 19, yes. Just ask Joanne Jackson or Jordis Ferguson-White Hawk.

About a year later, with no suspect in sight, Sheriff Dean Mahlum, up for reelection, asked Ted Nees, Kim´s father, if he wanted law enforcement to continue with the case. Duh. What parent would not want his child´s killer/s brought to justice? Of course, he said. Sheriff Mahlum allegedly stated if reelected he guaranteed an arrest and conviction. Classy guy--get me back in office and I might do the job I was supposed to do to begin with. Around the same time frame Ted Nees, Kim´s father, embezzled $40,000. Rumors abound that $10,000 of the embezzled funds went to Sheriff Mahlum´s reelection campaign. Soon after Barry Beach was arrested.

Another $10,000 supposedly went to Timer Moses, Barry Beach´s well-known defense attorney out of Billings, Montana. Yes, the same one who denied the family testifying on Barry´s behalf, even though his sister, Barbara, had an alibi for Barry that night. Yes, the same one whom the family paid $65,000 to defend Barry from the charge of murder. He should pay them back. With interest.

Then, reportedly another $10,000 went to Marc Racicot´s campaign for governor of the fine state of Montana, which he won by basing his platform on a 95% conviction rate of criminals over an 11 year period. Makes you wonder how many are guilty.

Are you keeping up?

What began as a gang murder, quickly turned to a cover-up, including payoffs, embezzlement, prosecutorial misconduct, and a purposely inept defense that has the wrong man in prison. The trail of blood--and more than one body--permeates the nepotistic Poplar and frankly, looks like it leads all the way to the governor´s mansion. One can not blame a father for wanting to find the person/s responsible for his child´s death; but one can smell a rat in this dump a mile away.

Why? Perhaps a father wanted to bring closure to his hurting family by "helping" get what seemed like a reasonable answer to a conviction. Perhaps, Racicot, Mahlum and Moses--all big fish in a little pond--saw an opportunity to forward their respective careers. Timer Moses has since retired, quietly. Former sheriff Dean Mahlum maintains an alliance with Racicot perhaps to, as the saying goes, ´keep your friends close and your enemies closer´.

Racicot ended up going further to become governor twice, even though he remains dogged by the ongoing rumors of his involvement with running drugs in a private plane along the "hiline" of Montana--using Poplar as a pipeline between Canada and the US--complete with 40-plus bodies surfacing over the past twenty years. A lot for a town of 900, don´t you think? Interestingly enough, Sissy Atkinson´s brothers are allegedly part of the drug gang distributing on the reservation. Hmmm. Makes one think, does it not? It wouldn´t be the first time a crime-fighting ´hero´ is involved in his own illegal conduct. Right, Elliot?

As confusing as all this may seem, the present Governor Brian Schweitzer has a duty to consider, protect, serve and lead the citizens of Montana--each and every one. He would do well to reopen the Kim Nees murder case, based on all the testimony brought before the Dog-and-Pony-Parole-Board Show. There is too much in question and a man´s life hangs in a balance of minimal existence for a crime he could not have committed, based on the evidence at hand. Hopefully, with Marc Racicot out of office with his Judge Roy Bean attitude and his classless Barney Fife sidekick, Dean Mahlum, justice could be possible. One can only imagine what kind of man it takes to falsely imprison another human for a crime he did not commit, and for what price paid.

Governor Schweitzer must step up and lead by example. He has no choice but to reopen the Kim Nees murder case and, at the minimum, offer Barry Beach a brand new trial. He could then begin to craft his compelling legacy of being the people´s governor, helping each Montanan to achieve what is right and true. If Brian Schweitzer does not accept the challenge to do the right thing for Barry Beach, Montana will know it has no leader--just a future like its past of paid-for politics and ongoing corruption.

This is a grand opportunity for the governor and a turning point for Montana. But, without the fortitude to lead and do the right thing for Barry Beach, we shall all know that Brian Schweitzer´s initials just stand for more of the same.