Bismarck Tribune - North Dakota News - Speedy second jury trial sought for Gibbs

Speedy second jury trial sought for Gibbs

Jul 27, 2007 - 04:03:42 CDT

FARGO (AP) - Defense attorneys for former Barnes County jailer Moe Gibbs are asking a judge to schedule a new murder trial before Gibbs goes to court on sexual assault charges.

Gibbs is accused of killing Valley City State University student Mindy Morgenstern in her off-campus apartment last September. A deadlocked jury could not reach a verdict in the case earlier this month.

Gibbs' attorneys want the new trial completed before Sept. 17, when their client is slated for trial on six felony counts of sexual assault. Authorities claim Gibbs assaulted five female inmates while working as a jailer.

Gibbs is also charged with the 2004 rape of a Fargo woman. A trial date has not been set in that case.

Defense attorneys Jeff Bredahl and Dennis Fisher said in court documents that Gibbs would face unfair bias if the murder trial takes place after the sexual assault and rape trials.

Assistant Attorney General Jonathan Byers said he doesn't believe the murder trial can be completed before the sexual assault trial. He said he would oppose a motion to delay the Sept. 17 trial.

Barnes County State's Attorney Brad Cruff, who filed the motion for a new murder trial earlier this week, said he doesn't believe a second trial will be held in Minot. Judge John Paulson moved the tria from Valley City to Minot because of extensive media coverage.

The first trial lasted nearly four weeks, including jury selection. The jury was evenly split on whether Gibbs, 34, killed Morgenstern, 22, of New Salem.

Authorities said Morgenstern was strangled with her own belt, stabbed with her kitchen knives and covered with cleaning fluid. Prosecutors said DNA evidence found under Morgenstern's fingernails and on her shirt proved that Gibbs killed her.

Bredahl argued that the DNA likely came from a doorknob in the apartment building where both Gibbs and Morgenstern lived.

News > State

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Comments

Incredulous wrote on Jul 27, 2007 8:25 PM:

" Those cases have NOTHING to do with the murder case. The jury won't even hear about the other convictions because they have no relevance and the prejudice to the defendant outweighs any value it may have in deciding whether he committed murder (which, again, is none, because rape is different than murder.) Just so you know, PO3. "

PO3 wrote on Jul 27, 2007 1:42 PM:

" Gosh I wonder why that defense attorney wants a speedy second murder trial for Gibbs. Well lets see, he's been indicted on sexual assault on women inmates, and rape in Cass County. Hummm would that make a jury think he's guilty of murder if those cases come before another murder trial. I think not, this is a very bad man in many peoples including my opinion. "

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