Bismarck Tribune - North Dakota News - Agent grilled in Gibbs trial

Agent grilled in Gibbs trial

Jun 29, 2007 - 05:36:31 CDT

By BLAKE NICHOLSON/Associated Press Writer

MINOT - The lead investigator in the killing of Valley City State University student Mindy Morgenstern said Thursday he did not know the exact time of her death, but knew when she last answered her cell phone.

Special Agent Mark Sayler, of the state Bureau of Criminal Investigation, was grilled by an attorney for Moe Gibbs on the investigation into the killing of Morgenstern, 22, of New Salem, last September.

Gibbs, 34, a former Barnes County jailer who lived in the same apartment building as Morgenstern, is being tried on a murder charge.

Jurors were shown evidence Thursday that ranged from knives to a large photo of a cell phone text message.

Investigators believe Morgenstern was strangled and stabbed in her off-campus apartment around 12:30 p.m. Sept. 13, based on her computer use and cell phone calls. Gibbs said he was bringing his wife, Christina, something to drink at work around the time, and his attorneys cited a computer text message from her to back that up.

Gibbs' attorney, Jeff Bredahl, asked Sayler how investigators determined the time of Morgenstern's death. Sayler acknowledged they did not ask the Barnes County coroner to consider body temperature. Bredahl then asked if a missed cell phone call was the sole basis for determining the time of death.

"We determined that from 12:47 p.m. on, she never answered a telephone," Sayler replied.

Asked when she died, Sayler said, "I don't have the exact time." He also said he did not review autopsy reports.

Questioned further by Barnes County prosecutor Brad Cruff, Sayler said officials also estimated the time of death by considering when apartment building residents began smelling Pine-Sol, which had been poured on the body. He said officers also checked computer records and Gibbs' cell phone records.

Sayler said authorities had more than 350 leads in the case and more than 150 items of evidence, about 125 of which were tested at a lab, either the state crime lab or an independent lab in Dallas. He said fingernail clippings and scrapings from Morgenstern's left hand tested positive for Gibbs' DNA.

Bredahl asked Sayler if he was told that male DNA was found under Morgenstern's right-hand fingernails. Sayler said he was not told.

Asked how many leads were unresolved, Sayler said there were "a number," but he could not say how many.

Earlier, a Verizon Wireless company account manager testified that official company records could not verify the time of the text message to Gibbs from his wife.

Her phone shows the message asking him to bring her something to drink was sent at 12:33 p.m. on the day Morgenstern was killed. Verizon account manager John Christy said other calls on Gibbs' phone that day show a time that was off an hour from the company's official records.

Cruff asked Christy if he had any way to verify through the official records that the message asking for a drink was sent at 12:33 p.m., or an hour earlier.

"I don't," Christy answered.

Sayler testified that Christina Judd, whose marriage to Gibbs was annulled April 30, said she first told investigators she sent the text message at 1:33, but later realized it was 12:33.

Bredahl became frustrated with Sayler's answers that he was not familiar with some aspects of the investigation, including the results of DNA tests on cleaning gloves found in Morgenstern's apartment.

"Who would know if not you? Who?" Bredahl asked Sayler at one point.

Sayler said other agents handled parts of the investigation and some reports from an independent lab went directly to attorneys.

Sayler said the hallway in Morgenstern's apartment building was not checked for evidence of biological fluids until 14 days after her death. "We were following up and just looking for what we could," he said, acknowledging that fluids might be degraded by then.

Responding to the defense's questioning about leads that were not pursued, Cruff asked Sayler about some of them - a woman, for example, who told officials she had a vision that "something bad" was going to happen. Sayler said such odd leads were not pursued.

"It's a matter of prioritizing?" Cruff asked. Sayler said it was.

"And you had limited resources?" Cruff asked. Sayler again said yes.

News > State

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Comments

Mike R wrote on Jul 5, 2007 7:07 PM:

" It isn't even about sticking up for the cops or the proceedure they use. It is a matter of reading the article before you go off about it. How many different people were bashing the VCPD for not handing the case over, when the truth is they did in fact hand it over and that was clearly pointed out in the article. Then there are all the comments about how he is going to walk because of the VCPD. They had nothing to do with it. The investigating was done by the state. But no matter what happens (even if he is convicted in record time), there will be hoards of people saying how VCPD botched the investigation. And then we wonder why the cops feel that it is "us against them". "

IT AINT REAL wrote on Jul 5, 2007 5:26 PM:

" The problem with many people today is they let the entertainment industry formulate their minds. CSI is FICTION, it does not exist, the technology that is on TV is easy for a prop man to manufacture. Perhaps all the experts who watch TV should acutally talk to a police investigator or take a course from a college. Stop letting the entertainment formulate your brain and raise your kids. "

ladybug wrote on Jul 5, 2007 12:51 PM:

" To Mike R. and all the others defending the cops - kudos! I cannot believe the number of people who believe the cop dramas they see on television are real. Of course they're not. So many cases all across the U.S. go unsolved, not all cases actually are tried all the way through, hours in the lab won't answer every question and procedure can't be set aside with the criminal still being punished in the end. That's not how this all works. I know a number of officers in the state and commend them for going out and doing what most of the population wouldn't have the guts to do. Rather than stay at home, front doors locked and safely tucked into bed, these people strap on a weapon hoping not to get into anything too serious. And how about we get off this idea that cops "waste their time" picking up speeders, underage drinkers or fining liquor establishments. The way some make it sound, they should just stop doing those things all together and train on the off chance something bigger MIGHT come along. While serious crime is sadly on the rise, the little things like traffic tickets, break-ins, vandalism and drugs still top the crime list...and sometimes reducing those will lessen the chance of something more serious happening. "

stargazer wrote on Jul 5, 2007 6:52 AM:

" it dont matter if gibbs is convicted or not he will also pay for his digiting and rapes elsewhere in the state "

Mike R wrote on Jul 4, 2007 11:58 PM:

" Too many cops: Don't you just love how so many people were screaming about how the VCPD botched the investigation and how they should have turned it over to the experts, when if they would have taken the time to actually read the article they would have known beyond a doubt that the VCPD didn't botch anything and they did IN FACT turn the case over to the experts? So many people in such a big hurry to point fingers and place blame before they even knew anything at all about the case. Ignore the facts right there in front of them in plain black print, and condemn everyone for things they never had anything to do with. Sounds like typical small town ND to me. "

too many cops wrote on Jul 4, 2007 6:52 PM:

" There are a lot of cops writing to this blog. At least a lot of people who maybe watch too much TV. If you are all so good at it maybe you should apply for a position and see how good you really are. Some things don't matter to an investigation. If the body temp. really mattered the corner would have taken it. The corner is the "expert" in that field, not the cops. Grow up and quit looking for a reason to fry the cops. "

Mike R wrote on Jun 29, 2007 6:41 PM:

" Obvious: Thank you. People get tired of me jumping to defend law enforcement all the time, but I get tired of the same people always trying to crucify law enforcement as well. As far as why the VCPD didn't call on the experts - READ THE ARTICLE AGAIN. The agent under questioning in this article is NOT a VCPD officer. He is a special agent with the North Dakota BCI. BCI officers are always called in homocide investigations. I would be willing to put thier investigating skills up against those of any CSI wanna be from any state. There are people posting comments here who probably didn't even read the article but here they are blasting away at law enforcement without a clue in the world what is going on. "

sarahr wrote on Jun 29, 2007 6:08 PM:

" To NO CSI....I don't watch any CSI Shows...i think they are stupid. Second I do watch alot of Prime Time, Nancy Grace, and Dateline...and also read alot online. So, don't assume that everyone watches those shows. "

No CSI wrote on Jun 29, 2007 2:29 PM:

" Some of you watch (and believe) too much CSI. Body temperature tells you almost nothing. Once the body reaches the same temp as the surrounding air, which takes about an hour, it stays at the temp of the surrounding air. One problem with juries nowdays is they think police should do all the stuff they see on TV, and when they don't, they let the person walk. If you do some research and talk to real forensic scientists, you will find that many of the things done on CSI are not even real. "

obvious wrote on Jun 29, 2007 12:28 PM:

" I have noticed, after reading comments by online readers for several months, that when it comes to law enforcement, teachers, politicians, health care workers, etc. - it is almost irrelevant what they do. There are those individuals who look to find fault no matter what the circumstances and no matter how much or how little information is provided in the article being commented on. I for one am tired of reading comments by folks who act like they know everything about everything. It's time to realize that much of the information we receive about this story and others is but a small percentage of what the experts know. Not that we need to follow blindly, but certainly to recognize that the people you're blasting usually know what they're doing. "

sarahr wrote on Jun 29, 2007 12:10 PM:

" to NICE that pretty much sums up the VCPD especially the Police Chief. It pretty much sums up the city commisssion also. "

resident wrote on Jun 29, 2007 11:21 AM:

" Having grown up in VC . I have delt with the law enforcement there and would have too say these guys are not CSI agents and would be considered traffic cops by large city standards. I am pretty sure these guys have never investigated a murder or anything this large. I cant believe they dont call upon some experts when something happens like this. I hope they dont blow it on this one. I have my doubts that Gibbs is guilty and sounds as if the VCPD better do thier homework. "

The Point wrote on Jun 29, 2007 10:17 AM:

" to GL: Your comment shows how ignorant you really are. Keep watching TV instead of educating yourself on how the real world works. I get pretty sick and tired of people throwing stones at law enforcement when they really have no idea how law enforcement works ouside of the television shows. If you think a murder can be solved in one hour (minus commercials) you are sorely mistaken. Agent Saylor's testimony is ONE ASPECT of the State's evidence. People like you who complain about kids getting picked up for drinking or speeding obviously have not had a loved one killed by a reckless driver, drunk driver, or had your belongings vandalized/stolen etc... by one of the poor, innocent kids who are just trying to have a good time. Get with it! Ask to go on a ride-along some Saturday night with your local PD and then, maybe, it would be ok to stand on the sidelines and toss dung-bombs at law enforcement. "

Citizen X wrote on Jun 29, 2007 10:13 AM:

" You're quilty until proven innocent in ND. "

sarahr wrote on Jun 29, 2007 9:45 AM:

" I am going to have to agree with you GL...that is quite disturbing that they didn't take the body temp...what were they thinking? "

Well said GL wrote on Jun 29, 2007 9:45 AM:

" It is ridiculous "

NICE wrote on Jun 29, 2007 9:43 AM:

" Sounds to me like Gibbs didn't do it (and even if he did he won't be found guilty) and the police just arrested him because he's been accused of crimes in the past. It's good to know that VC police are more concerned with public image than with doing their jobs. I hope that someone with some common sense can find the actual killer. "

NDgal wrote on Jun 29, 2007 9:28 AM:

" why would you even need to ask the coroner to use body temp? This was a homicide or suspicious death and you should always be determining closest time of death. That is accomplished by body temp! "

GL wrote on Jun 29, 2007 8:10 AM:

" Sounds like Our Good ol Law enforcement in North Dakota wouldnt get a part on CSI ... why wouldnt they take into effect her body temp.. I'm no doctor but you would think that it would be common sense. It always suprises me that our police can pick a kid up for drinking beer and pull over 20 speeders a week but when it comes down to the real crimes in ND that need to be handled the right way they always seem to scew it up. Maybe they should spend more time studying and practicing procedures and less time staking out the local liquor store. "

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