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LEWISTOWN - Barry Beach is re-entering society for the first time in nearly 29 years.

Judge Phillips announced that Beach will be released on his own recognisance Wednesday afternoon.

The crowd attending Beach's bond hearing erupted in applause after hearing the decision.

The court made that ruling shortly after 2:30 p.m. Wednesday.

Due to the fact that Beach does not have any money, Judge Phillips said offering a bond of any monetary amount would not do Beach any good.

During the ruling, Judge Phillips stated that the court has not determined Beach's innocence and reminded the courtroom of the victim.

"We must not forget that Kim Nees was brutally murdered," Judge Phillips added. "This is not a clean wash for this court."

Judge Phillips says even if a trial finds Beach guilty, he may also be released on time served.

Billings resident, James "Ziggy" Ziegler will provide Beach with a place to live and help him actively seek employment. Judge Phillips ordered Ziegler to report any bail violations.

LEWISTOWN - The Barry Beach bond hearing resumed in Lewistown Wednesday afternoon after a moment of silence in remembrance of Pearl Harbor.

The defense began after the moment of silence, stating that they have two witnesses to testify on Beach's behalf.

The state countered by saying they will dispute the amount and conditions set upon pending bail.

The defense called James 'Ziggy' Ziegler of Billings as their first witness.

Ziegler is a former Yellowstone County Commissioner. He and his wife own Stella's Bakery in Billings.

The long-time Billings resident met Beach as part of a religious prison ministry.

Ziegler became involved with prison ministry after becoming a victim of violent crime following his father's murder in the Los Angeles area. According to Ziegler, he has met with Beach eight to ten times per year since 1984.

If Beach is granted bail, Ziegler says he will offer the defendant a place to live and an employment opportunity.

Ziegler says his relationship with Beach is well developed considering his incarceration.

"We've laughed together and we've cried together," said Ziegler.

Ziegler says in terms of employment, he'd first try to find Beach a job at his restaurant. Then, if there is not an opportunity available he would seek out other employment options with Beach.

During cross-examination, the state asked Ziegler if his only contact with Beach had been at the prison. Ziegler said yes.

Before Ziegler was dismisssed, the state asked what employment opportunities are available to Beach outside of Ziegler's restaurant.

Ziegler responded, saying he knows of several businesses he could contact.

The defense's second witness was Dan Gengler.

Gengler also knows Beach through the ministry program at the Montana State Prison. He has known Beach for the past decade.

Gengler has spent time with Beach once every month. That time ranges from five minutes to an entire weekend through retreats and programs.

Gengler is also part of a group called Montanans for Justice.

A group formed to advocate for Beach's innocence since 2007.

Gengler says Beach is of 'high standard' compared to the other inmates the ministry serves. Gengler says Beach is a good candidate for conditional release.

According to Gengler, Beach has a positive attitude and has a gentle demeanor. Gengler believes Beach did not hold any bitterness or resentment during his imprisonment.

Throughout both Gengler and Ziegler's testimonies, Beach became wept.

When the defense asked Gengler how often he takes an active stance on advocating for Beach's freedom, Gengler said this is the only time he has advocated for an inmate's release.

Gengler added that Beach did not push his innocence and he didn't find out about Beach's circumstance until he had known the convicted murderer for five years.

During the state's cross-examination, Gengler was asked if he believes Beach should be held under strict conditions being held on bond.

Gengler responded by saying he believes Beach should be held under the same restrictions as those charged with crimes.

Beach's mother, Roberta, was also willing to testify Wednesday afternoon, but the defense did not find it necessary.

The hearing moved on to closing arguments shortly after 2 p.m.

The defense asked Judge Phillips to consider posting bond on Beach's own recognisance, arguing that Beach has not had the means to acquire money during his incarceration. If that request could not be granted, the defense asked Judge Phillips to not post a bond exceeding $50,000.

The state asked Judge Phillips to not release Beach without bond as the crime is serious enough to merit a substantial bond amount. The state also requested the confession to be recognized as evidence and should play a factor in determining the bond.

The state concluded by saying if the re-trial does not take place or if Beach is once again found guilty, he will go back to prison and therefore, should have a substantial bond of $250,000.

The state suggested that Beach should comply with strict conditions of release. Among those conditions is that Beach would not be able to contact the victim's family or any potential witness for the prosecution, and that Beach live at the Ziegler's residence.

The defense followed the state by telling Judge Phillips that Beach does not have the means to post a $250,000 bond, adding that the weight of current evidence should be evaluated.

Judge Phillips called a brief recess.

LEWISTOWN - The Barry Beach bond hearing is in its second recess and will reconvene later this afternoon.

Earlier this morning, after a 30 minute recess, Lewistown District Court Judge E. Wayne Phillips re-entered the courtroom at 11:45 a.m. Phillips announced that in this case, the court must compare apples and oranges when looking at the state's argument compared to the defense.

Taking the state's four points of contention, Judge Phillips considered the stay and re-trial.

Chances of success was the first point and the court found that there is a chance of success.

The second point was that the court did not consider evidence from the trial which includes the confession. Judge Phillips found the argument to be inaccurate as they did consider some of the evidence, but did not need to consider all of it.

In it's third point, the state argued that the defense does not have DNA evidence to overturn the conviction. However, Judge Phillips stated the court needs to hold witness testimony just as valid as DNA evidence.

The fourth point the state argued is that no constitutional error has been committed. Judge Phillips said he has already addressed the issue, siding with the defense, he says society would stand at risk if a charged man, not convicted, was held in prison.

Judge Phillips also said the damage of that decision would be more detrimental to society, and that rightly or wrongly, Beach deserves a new trial.

According to the judge, the public interest is to allow a new trial and denies the motion to stay.

The court has recessed and will reconvene at 1:30 p.m. when a bail hearing will proceed.

LEWISTOWN - UPDATE: The hearing to address Barry Beach's bond is underway in Lewistown.

The scheduled start time of 10 a.m. was a half hour delayed due to technical difficulties while trying to stream in representatives from the State of Montana by webcam.

Lewistown District Court Judge E. Wayne Phillips has recognized the state's intention to file a stay. He will consider it filed, since the state was not given the normally allotted time to appeal the re-trial or bond hearing.

Judge Phillips has allowed the state to argue first on their stay.

The state's argument is that the court had no authority to grant the retrial. The state claims that the re-trial does not declare Beach innocent and therefore throughout Beach's trial he would be remain convicted.

The state also argues that Beach's confession should also be considered, as it has never been negated by any court. Beach has never denied the confession.

Beach's attorney counters the state's argument that under a re-trial, Barry Beach would remain convicted.

Beach's attorneys have been asked to stop their argument as the state has requested an opportunity to change to a larger venue, as they say they are crammed into a small room.

Judge Phillips denies the request, telling the state that there are people not allowed into the court room due to capacity limits.

The capacity for the court room is 73.

Beach's attorney continues argument stating that every defendant is granted innocence through constitutional rights. Through a re-trial, he would be allowed those rights.

Beach's attorney furthers their argument by stating that releasing Beach from jail would not hurt the state in any way, arguing that the harm lies on Beach because there is evidence that a jury would find him innocent.

Beach's attorney says that because a re-trial has been ordered, Beach is charged, but no longer convicted. He says the public interest lies with a charged man not being in prison during his trial.

The defense concludes that since the state could not challenge the court's findings as credible, they should be allowed to argue bail for Beach.

The state was then given an opportunity to counter the defense's argument.

The state argues that there was no constitutional error committed in any legal proceedings and lists a series of points where the state disagrees with the court's finding for a re-trial.

The judge calls for a brief recess to consider the arguments and write his thoughts prior to deciding on the stay.

The judge re-enters the court room at 11:45 a.m. and states that it took longer to gather his thoughts than he anticipated.

He says in this case, the court must compare apples and oranges when looking at the state's argument compared to the defense.

LEWISTOWN - Hearing about to begin.

LEWISTOWN - Beach enters the court room 15 minutes before the hearing.

He's smiling and wearing a shirt and tie.

Beach gave a glance and smile to the crowd as he walked in, before walking straight to his council and began a conversation.

The judge re-enters the court room at 11:45 a.m. and states that it took longer to gather his thoughts than he anticipated.

He says in this case, the court must compare apples and oranges when looking at the state's argument compared to the defense.

LEWISTOWN - The courtroom at the Fergus County Courthouse is packed with media and more than half full half- an-hour from the start of the hearing. The area reserved for broadcast media cameras is completely full. People have come from across the state to attend the hearing.

LEWISTOWN, MT - Court proceedings in the Barry Beach case are expected to get underway at 10am in Lewistown this morning. A flurry of activity late yesterday has put a question mark on just what will be aruged today.

Lawyers for the state of Montana filed a notice of appeal Tuesday with the Montana Supreme Court on Tuesday, asking the court to reverse the November 23rd decision of Lewistown District Court judge E. Wayne Phillips that granted a new trial for Barry Beach.
Beach was convicted in 1984 for killing Kimberly Nees near Poplar in 1979.
In addition, the state is asking the Supreme Court to keep Beach in prison pending the outcome of the appeal.

The state maintains that Judge Phillips failed to corroborate testimony from the post-conviction hearing with evidence from the original trial, including Beach's detailed and remorseful confession to the murder.

Beach's defense attorneys say the motion for stay will be argued first this morning. The judge will then decide whether or not to hear arguments for bail. The defense team told us they feel confident the judge will agree and make a ruling.
The judge's decision will go into effect immediately...and either side may have the option to appeal.

On Tuesday just minutes after the appeal announcement came in, Barry Beach's family members and supporters were checking into their rooms in Lewistown. Many were outraged but it was something Beach' mother was ready for. " I knew there would be something...I didn't really think it would go at the last minute. But you know if the state weren't adamit about their belief he is guilty...we wouldn't have even been 29 years with this."