Bismarck Tribune - North Dakota News - Prosecutors in Gibbs murder trial want to omit how victim died

Prosecutors in Gibbs murder trial want to omit how victim died

May 21, 2007 - 04:16:10 CDT

FARGO (AP) - Prosecutors in the Moe Maurice Gibbs murder trial want to amend the charge against the former Barnes County Jailer to omit how Mindy Morgenstern died.

The current criminal complaint charges Gibbs, 34, with Class AA murder for "intentionally or knowingly" causing Mindy Morgenstern's death "by cutting her throat, which was the direct cause of death."

A motion filed Thursday would remove the description of what directly caused Morgenstern's death but still would charge him with Class AA felony murder, which is punishable by up to life in prison without parole.

Barnes County State's Attorney Brad Cruff said in court documents that the autopsy indicates a different cause or multiple causes of death.

Morgenstern, 22, died from strangulation and a cut to the neck, according to testimony at an October hearing from Mark Sayler, a special agent with the state's Bureau of Criminal Investigation.

The Valley City State University student's body was found about 8:59 p.m. Sept. 13 in her second-floor apartment. Gibbs, who lived on the first floor, was arrested and charged in connection with her death Sept. 20.

Fargo attorney Bruce Quick said because he is not involved in the case he could not speak to the case's specifics but said typically in a murder case the prosecution is required to prove certain essential elements, mainly that an individual has died.

"They don't necessarily have to prove how it happened, but who did it," said Quick, a former Cass County prosecutor and current defense attorney at Vogel Law Firm.

Quick said changes such as the one Cruff has requested are often sought to avoid confusing a jury.

Gibbs is being held without bail in the Cass County Jail pending trial, slated to begin June 19 in Minot.

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Comments

Incredulous wrote on May 21, 2007 2:59 PM:

" No, it won't. They are required to prove every element set forth in the Complaint. As it is now, if they can't prove she was killed by a cut to her throat, they can't prove their case. It helps the prosecution because they won't be required to prove she died by her throat being cut. That way, if it's proven she actually died by strangulation, they won't get entangled in a technical snare. "

question wrote on May 21, 2007 2:27 PM:

" How can you prove she was murdered if you can't tell the courtroom what happened to her? "She is dead and was murdered-you have to believe us because we can't give you any information on how she was killed."???? Wouldn't that also prevent other evidence from being shown in court? "

Mom of 2 wrote on May 21, 2007 10:33 AM:

" I say if posting the cause of death will get him more time than it should be posted and released. Let him suffer in prison just like this poor girl had to suffer at his hands. "

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