Montana governor frees man in 1979 murder he long denied

20 Nov 2015 | Author: | No comments yet »

BREAKING: Barry Beach Released from Prison.

Beach’s application to the Office of the Governor for review and a detetmination pursuant to Montana Code Annotated §46-23-301, et seq.; WHEREAS, in Miller v. Additional requirements contained within the order direct Beach to serve the suspended portion of the sentence on probation under the supervision of the Department of Corrections. Supreme Court recognized the growing body of research showing “fundamental differences between juvenile and adult minds,” and in particular the propensity of juveniles towards transient rashness, proclivity for risk, and inability to assess consequences, 132 S.Ct. at 2464-2465; WHEREAS, life without parole forecloses the possibility of rehabilitation, and is an “especially harsh punishment for a juvenile, because he will almost inevitably serve more years and a greater percentage of his life in prison than an adult offender,” 132 S.Ct. at 2466, quoting Graham v. After spending more than three decades in the Montana State Prison for a murder he says he didn’t commit, Barry Beach was set to became a free man today, November 20.

Bullock did not release a statement about the decision, but the order notes that Beach was 17 years old at the time of the crime and that he has served more than 30 years for a crime that happened when he was a juvenile. Beach demonstrated that he is capable of living a productive life and respecting society’s rules; WHEREAS, three psychological reports have been completed regarding Mr.

Beach, and these reports conclude he poses minimal risk to public safety and is likely to successfully transition back into society; and, WHEREAS, Mr. Beach has demonstrated an extended period of good conduct both in and out of prison, and the reasons for maintaining his 100-years-without-parole sentence at taxpayer expense diminish with each passing year. He spent 18 months living in Billings until, on a 4-3 vote, Supreme Court overturned that ruling and sent Beach back to prison to serve out his sentence.

NOW, THEREFORE, I, STEVE BULLOCK, Governor ofthe State of Montana, pursuant to the authority vested in me by the laws and Constitution of the State of Montana, do hereby commute the sentence of Barry Allan Beach to time served, with an additional 10 years which shall be suspended. Bullock’s decision to grant Beach clemency follows a law passed this spring by the Legislature which allows the governor to overrule decisions by the Montana Board of Pardons & Parole. Beach filed his latest petition to the Parole Board in October asking to shorten or otherwise commute his sentence, allowing him to be paroled or freed.

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