LEWISTOWN, Mont. — A judge said Tuesday he will weigh the testimony of previously unheard witnesses who could help implicate a gang of girls in the 1979 beating death of a Poplar teenager — and not the man serving a 100-year sentence for the crime.
Prosecutors argue the new witnesses are unreliable and that much of their testimony is dependent on hearsay like earlier witnesses brought forward by Barry Beach supporters.
Beach is hoping the evidence in this week's hearing before District Judge E. Wayne Phillips will help overturn his conviction for the killing of Kim Nees.
New witnesses are testifying Tuesday that two different women have said in conversations over the years that they were present when a gang of girls killed Nees in a fight that got out of hand. And Beach says one witness can testify that as a young girl, she overheard the sounds of girls fighting at the crime scene.
Beach argues the new evidence builds on earlier testimony by witnesses who reported hearing Sissy Atkinson and another woman speak of their involvement. Neither has ever been charged, and Atkinson has denied any wrongdoing.
On Monday and earlier Tuesday, the judge heard testimony from witnesses Beach brought before the parole board in 2007. That panel roundly rejected his claims of innocence.
Carl Four Star told the district judge that he overheard Atkinson, a co-worker at the time, say she took part in the crime. Four Star says he overheard Atkinson say she had gotten away with the perfect crime.
Prosecutors pointed out that Four Star's testimony is hearsay and is inconsistent with previous times he has told the story.
Defendant Barry Beach is hoping the evidence in this week's hearing will lead to a new trial and overturn his 100-year prison sentence for Nees' death.
Beach was convicted largely on the basis of a very detailed confession that the parole board again found convincing when it dismissed his claims.
In the transcribed confession, Beach describes forcefully trying to kiss Nees and getting angry at her for fighting back. He described hitting Nees with a wrench and a tire iron, then thinking, "Oh my God, what have I done?" after checking her pulse and finding she was dead.
Prosecutors have argued Beach has conveniently forgotten admitting to the crime.
Beach's supporters say he was the victim of a coerced confession.