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Montana News

May 29, 2013 10:53 PM by David Jay - MTN News

Barry Beach attorneys appeal Supreme Court ruling

BILLINGS - Attorneys for Barry Beach met Wednesday's deadline to file a petition and ask for a rehearing with the Montana Supreme Court.

Beach's attorneys say the state's highest court "overlooked material facts which support the district court's findings."

The Montana Supreme Court reversed a District Court ruling two weeks ago that granted Beach a new trial in the 1979 homicide of Kim Nees on the Fort Peck Reservation.

Beach's attorneys say they want the Supreme Court to take another look at the case.A jury convicted Beach in April of 1984.

Beach's attorney Terrance Toavs stated in the filing, "the District Court concluded reasonable doubt exits...and a new jury would probably not vote to convict."

Beach's petition also states the Supreme court decision "gives no weight to the district court's findings of fact, its weighing of evidence, or its credibility determinations."

Toavs also stated, "there are numerous details between the confession and the crime scene that do not match."

The Montana Attorney General and the Roosevelt County Attorney will have until June 13 to respond.

According to the Montana Supreme Court clerk's office, there are no scheduled dates for the review or a decision.

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