Jun 14, 2007 - 04:06:52 CDT
FARGO (AP) - A judge is considering a defense request to allow Moe Gibbs to appear in street clothes and without leg irons and handcuffs during his murder trial in Minot next week.Gibbs, 34, is charged with murder in the September death of Valley City State University student Mindy Morgenstern. The former Barnes County jailer lived in the same apartment complex as Morgenstern, 22, of New Salem.
Gibbs' trial is to start Tuesday in Minot.
Ward County law enforcement officials and the assistant Barnes County state's attorney say maximum restraints and precautions are needed because of Gibbs' physical strength and training that gives him insight into jail security and safety measures. He is a former cruiser-weight boxer.
Gibbs' attorney, Jeff Bredahl, argued in a motion filed last month that Gibbs should appear in court without restraints to maintain a presumption of innocence in the eyes of the jury.
Assistant Barnes County State's Attorney Lee Grossman said an orange jumpsuit would not be needed, but recommended some restraints.
Grossman wrote in court documents that Ward County is still dealing with the aftermath of a March incident in which two jailers suffered head injuries when an inmate assaulted them while trying to escape. The inmate was not cuffed or shackled at the time and was being taken with 19 other inmates for recreational activities.
Ward County Chief Deputy David Bosh wrote that failing to restrain Gibbs would harm Ward County's ability to ensure a safe courtroom setting.
Southeast Judicial District Judge John Paulson is considering the issue.
Gibbs' right arm is in a sling after he slid in his jail-issued sandals and fell to the floor May 14 while being moved at the jail, Barnes County District Court documents say.
Gibbs' right handcuff tightened in the fall and pinched nerves, tendons and ligaments in his wrist, causing it to swell, the documents say.
Cass County jail administrator Glenn Ellingsberg said Gibbs' injury causes "some mobility issues, which is to our advantage, and does not really provide a security concern at this point in time."
Gibbs is currently in the medium-security housing unit, Ellingsberg said.
Paulson issued a gag order that bans participants in the case, including potential witnesses, from giving an opinion, attitude or judgment outside the courtroom.
The order says people involved in the case should not disclose information that's not considered public.
Bosh said Ward County authorities will follow the normal prisoner transport procedures, "with some staff enhancement" when moving Gibbs to and from the courtroom. Gibbs will be taken to the courthouse by a public skywalk that connects it to the jail and will enter the rear of the courtroom from a secure hallway, Bosh said.
:) wrote on Jun 14, 2007 1:43 PM:
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