Bismarck Tribune - North Dakota News - Gibbs trial moved to Bismarck

Gibbs trial moved to Bismarck

Aug 11, 2007 - 04:04:12 CDT

FARGO (AP) - A judge has moved the second murder trial for former Barnes County jailer Moe Gibbs from Grand Forks to Bismarck.

Southeast District Judge John Paulson issued the scheduling order on Friday for the Oct. 22 trial. Gibbs is charged in the death of Valley City State University student Mindy Morgenstern. He has pleaded not guilty.

Paulson said he didn't think Gibbs could receive a fair trial in Grand Forks, citing comments that were made on a radio talk show in that city. Security officials also suggested the move for safety reasons, Paulson said. The trial is scheduled for the federal courthouse.

Jeff Bredahl, one of Gibbs' attorneys, and Barnes County prosecutor Brad Cruff did not return phone calls seeking comment.

The trial is expected to last through Nov. 9, the order said. In a separate order, Paulson called for a panel of 120 potential jurors.

A deadlocked jury could not reach a verdict in the first murder trial, held last month in Minot.

Authorities said Morgenstern was strangled and stabbed in her off-campus apartment. Prosecutors said DNA evidence found under Morgenstern's fingernails and on her shirt was a match to Gibbs.

Defense attorneys have said the DNA likely came from a doorknob in the apartment building where both Gibbs and Morgenstern lived.

Gibbs also is scheduled for trial Sept. 17 on charges that he sexually assaulted five women inmates while working at the Barnes County Jail. He has pleaded not guilty.

Defense attorney Ross Brandborg has asked to have the sexual assault trial delayed. Southeast District Judge Mikal Simonson has not ruled on that request.

Gibbs also has been charged for a 2004 rape in Fargo. He has pleaded not guilty. A trial date has not been set.

News > State

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Comments

who is right? wrote on Aug 14, 2007 11:21 PM:

" To Jim S maybe you got something there he was locked up and other college students were killed. Sounds dumb but look at the girl in minot, adopted, foreign, college student, short, skinny, outgoing,popular must i go on on the similarities? Sounds to me like the real killer is laughing at us and saying you cant find me and it happened right before the trial started there? Is it just a coincidence or not? Scarry thought isnt it? "

Jim S wrote on Aug 14, 2007 3:18 PM:

" What good is "in her favor" if it is not the right answer. All you that think that Gibbs is guilty, I wanna know where you got your information. I doubt you know more than I am I kn ow nothing other than what many of you do. So with that being said, put yourself in Mr. Gibbs shoes. What if YOU did it, or if everyone said you did but you didn't? Doesn't make any sense to you. Until proven otherwise, he is innocent. Let the trial and court system run its course then we will all know probably more than what we want. If he is guilty, throw away the key or better yet death. If he in innocent or not guilty, he is free to go and the state will have to find the real killer. The prosicution will look for juriors that will have an open mind because everyone does have an opinion on this case. Just because Gibbs is waiting trials on other chages does not mean he did this. Look at how many college deaths have happened this year even while Gibbs was in Jail, Minot had three was it? It could have been all the same person? "

In the middle wrote on Aug 14, 2007 9:42 AM:

" to ND what does "look at him he must be guilty" mean?Are you saying because of his color?That is wrong,and as far as people being opposed to his trial here,what is the problem with that.As the law states,"innocent until proven guilty"everyone deserves the right to a far trial. "

Who Knows ???? wrote on Aug 13, 2007 12:25 AM:

" Maybe he isn't guilty. Don't be so quick to lock him up and throw away the keys...I have talked to a lot of people who have said, Maybe he isn't guilty, and Maybe having it here in Bismarck, even though it is close to New Salem, will give Mr Gibbs a 2nd chance to have his lawyers prove his case. The law does say, beyond a shadow of doubt. Apparently there was doubt in Minot and maybe also a reason for it...... So many people are quick to judge. Wait until it is their time to be judged. I bet they won't necessarily want that to be quick!?! "

Tam wrote on Aug 12, 2007 1:59 AM:

" Of course, the jurors will come from Burleigh County. The jury in Minot was composed of Ward County residents. I thought everyone knew that the jurors come from whatever county that the trial is held in. It wold not make any sense to move the trial from Barnes County and still have jurors from Barnes County. "

Ray wrote on Aug 11, 2007 9:34 PM:

" I want to know how in the world they are going to find jurors who know little to nothing about this case in ND. Not to mention an impartial one. I personally think the man is guilty but then again I havent seen the evidence. And to one who knows... obviously you dont... the jurors will come from Burleigh county not Barnes county. They move the trial so that they will have a bigger pool of potential jurors not so affected by the crime. Take some criminal justice classes and you would know this. "

Tribune Reader wrote on Aug 11, 2007 1:53 PM:

" To: one who knows. The jurors do not come from Barnes County, they come from Burleigh County, that is the whole reason they are doing this. Obviously, you dont know. "

one who knows wrote on Aug 11, 2007 12:59 PM:

" Just a little tidbit: Even though the trial has been moved to Bismarck, the jurors still come from BARNES COUNTY!!! "

ND wrote on Aug 11, 2007 12:05 PM:

" Just have judge say he is guilty and put him away. Look at him, he must be guilty of something bad, Huh?? "

blunder after blunder wrote on Aug 11, 2007 10:30 AM:

" Unless you live under a rock or are an absolute simple simon, Gibbs has quite a list of accusations against himself. So, moving the trial even closer to home, is only going to make the candidates for jury selection even more pathetic than the last ones. Barnes county really should fess up and take responsibility for the remaining assaulted inmates that did not come forward. "

K wrote on Aug 11, 2007 8:24 AM:

" Mindy was from New Salem...30 miles from the site of the trial. Pretty close to home to get a "fair" trial....maybe finally something in her favor!! "

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