DEER LODGE, Mont. - Montana State Prison inmate Barry Beach says he will continue to fight to prove his innocence in the 1979 killing of Kim Nees of Poplar. But his efforts will be made from behind bars.
Beach was released from prison in December, 2011, after a state judge ordered a new trial in his case. Last month, the Montana Supreme Court overturned that decision.
Beach has asked the Supreme Court to reconsider. The state responded Thursday arguing the decision to deny a new trial is correct.
Retired District Judge E. Wayne Phillips has said he feared he'd done a "soul-wrenching injustice" to Beach in freeing him, only to have him return to prison. Beach told the Associated Press he doesn't regret the freedom and opportunity that Phillips gave him.