Bismarck Tribune - Bismarck News - DNA at murder scene doesn't match Gibbs'

DNA at murder scene doesn't match Gibbs'

May 27, 2007 - 04:08:34 CDT

FARGO (AP) - Court documents say forensic testing shows DNA found on two knives used in the slaying of Valley City State University student Mindy Morgenstern does not match the man accused of killing her.

The testing also shows DNA from men other than Moe Maurice Gibbs was found on Morgenstern's right hand, and that DNA found under the fingernails of her left hand does not match Gibbs.

Previous testing at the state crime lab on DNA voluntarily submitted by Gibbs matched scrapings found underneath at least two of Morgenstern's fingernails, according to an affidavit filed with the court.

Previous testing also determined that fingerprints found at Morgenstern's apartment do not match Gibbs or anyone printed during the investigation into her death.

Gibbs, 34, is charged with Class AA murder in Morgenstern's death. The body of the 22-year-old woman from New Salem was found in her off-campus apartment Sept. 13, 2006.

Gibbs, who lived in the same apartment building, was arrested and charged about a week later. He is being held without bail in the Cass County Jail until his trial, which is set for June 19 in Minot.

The new DNA test results, dated April 27, come from an independent laboratory in Texas the prosecution and defense agreed in January to use, according to Barnes County District Court files.

Jeff Bredahl, Gibbs' defense attorney, is asking a judge to examine whether there is enough evidence against his client to go forward with the trial.

Assistant Attorney General Jonathan Byers has asked the judge to allow prosecutors to bring up Gibbs' criminal history during his trial.

Gibbs is accused of fondling female inmates while working as a Barnes County jailer last year. He also is charged in a 2004 rape in Fargo. He has pleaded not guilty.

Before moving to North Dakota, when he was known as Glen Dale Morgan Jr., Gibbs served just more than five years of a 10-year sentence for a 1992 attempted premeditated murder charge brought in military court.

Prosecutors allege Gibbs killed Morgenstern when she rejected a sexual advance.

Southeast District Judge John Paulson has agreed to expand the pool of potential jurors in Gibbs' trial to 90, from the original 60. He will decide on other matters later.

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Comments

lordski wrote on Jun 4, 2007 10:45 PM:

" This is all a shame. In time all the questions will be answered and those responsible WILL pay. God speed Mindy "

ANYONE LOOKING FOR THE GUILTY wrote on May 30, 2007 6:44 PM:

" YOU KNOW THAT ALL THE EVEDENSCE IN THIS CASE COULD BE LOST NOW JUST BECAUSE THE POLICE DIDN'T WANT TO LOOK LIKE HIC'S ! Moe Gibbs is a big scary guy but there is lots of big scary people out there.Gibbs said he was not guilty. As for the other crimes how come nobody said a thing till his arrest? Other than the girl that had the dna test after being raped I don't know if this is the right guy. I have heard she was not an angel as we all thought she was. What happened to the modeling company she had an interview with? I sure hope they get the right people for this sick crime and not put the wrong man in Jail or put him to death. I don't know if it's Gibbs or not but I hope they are positive before anything happens. "

be realistic wrote on May 28, 2007 10:08 PM:

" Gibbs DNA was found under two of her fingernails, so he should not immediately be exonerated just because other DNA was also found. They just need to find the sources of the other DNA, whether it was an accomplice, an officer who carelessly touched something without the gloves on, or someone who found her and touched something in a state of shock and panic. They just need to find the other sources also, and then piece together what happened. "

To Hugo wrote on May 28, 2007 10:56 AM:

" Do not turn this into a racial thing. As "Now What" said, we all rely on the media to give us the facts and also, if this would have been any other ethnicity, we still would have thought he was guilty, given the facts we had. "

now what wrote on May 28, 2007 9:13 AM:

" Hugo: Most people rely on our newspapers and television to learn about cases that we are not directly linked to. Your right I am sure that most people did believe he was guilty. But the question could now be, What do people believe now? If they had arrested a caucasian man telling us the same details would we not have believed that too. Actually I think the northern half of the state believed the same thing. Perhaps we need to take what we read and watch on television with a grain of salt. "

He is innocent wrote on May 28, 2007 8:50 AM:

" The law enforcement was quick to find someone that they pinned this on Moe. As someone who knows him he didnt do this. Now they have proof the DNA is not his. When are the going to start looking for the real killer so the family can start to heal "

to GL wrote on May 27, 2007 11:17 PM:

" If you knew anything about law enforcement, you would know that it is not the law enforcement officers doing the testing of the DNA. It is the labs. "

Get Real wrote on May 27, 2007 8:34 PM:

" This is a ploy by the defense to muddy the waters. Don't be jumping to any conclusions too quickly. Also, I thought there was a gag order on this case. What gives? "

hugo wrote on May 27, 2007 12:49 PM:

" wow, the whole southern half of north dakota from the west to the east had this black man guilty. typical, more of the deep-woods thinking that has plagued the area! "

JumboMumbo wrote on May 27, 2007 11:32 AM:

" Regardless whether he is responsible for this tragedy, Gibbs still needs a time out from society, and needs to spend some time behind bars for all the previous crimes. Looks like there must have been a little party going on that night, and we have a conspiracy and cover up on our hands. "

GL wrote on May 27, 2007 9:46 AM:

" You have got to be kidding me.. is our local law enforcement a 9 week course or what? so the real killer is still on the loose" "

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