We study the character of the first excited 1/2 + state of 9 Be, which is observed as a low-lying sharp peak in the cross section of 9 Be(γ,n)2 4 He just above the 8 Be + n threshold. Using the α + α + n three-body model, we describe the ground and excited unbound states of 9 Be above the α + α + n threshold. Applying the complex scaling method to the three-body model, we find no 1/2 + resonant solutions with the scaling angle of θ 15• , while the low-lying peak in the photodisintegration cross section is reproduced in the present calculation. It is found that the 8 Be + n continuum states dominate the low-lying peak in the cross section. Furthermore, using the analytical continuation of the coupling constant of the three-body interaction for the α + α + n system, we discuss the virtual-state character of the 1/2 + state.