Bismarck Tribune - Bismarck News - Jury selection continues

Jury selection continues

Oct 24, 2007 - 05:53:44 CDT

By JENNY MICHAEL/Bismarck Tribune

Jury selection in the second Moe Maurice Gibbs case continued Tuesday with 13 more people being added to a group of potential jurors in the case.

Gibbs, 35, a former Barnes County jailer, is accused of killing Mindy Morgenstern, a Valley City State University student from New Salem, in her off-campus Valley City apartment in September 2006. A deadlocked jury in Minot could not reach a verdict in the case at a trial that lasted from June 19 to July 12.

The second trial is being held at the Burleigh County Courthouse. Southeast District Judge John Paulson is presiding over the case.

The potential jury panel now includes 12 women and 15 men. Jury selection will continue today.

Attorneys interviewed 16 potential jurors on Tuesday. Three were dismissed. Another person was dismissed for medical purposes but did not appear in court.

A27-year-old man was dismissed by Paulson because of concerns that he would not be able to make his mortgage payments if he were to miss several weeks of work for jury duty and he potentially could miss a planned vacation.

Two women were dismissed because they expressed opinions on jury questionnaires and in court that were biased against Gibbs. Both said they felt he was guilty and could not set that feeling aside.

Defense attorneys objected to another woman being moved to the next stage of jury selection because of similar issues, but that woman said she could set her feelings aside and would like to hear the facts in the case for herself. Paulson denied the defense challenge.

Defense attorneys also wanted one man dismissed after he told prosecutors he thought they had not done a good job in the first trial since the jury did not reach a unanimous verdict.

"If he still thought that these three gentlemen did a bad job, he must think Mr. Gibbs is guilty,"said Jeff Bredahl, one of Gibbs' defense attorneys.

Barnes County State's Attorney Brad Cruff objected, pointing out that Bredahl had told the man he'd make a good juror. Cruff said Bredahl did that several times during jury selection in the trial held in Minot. Paulson did not dismiss the man, and he moved on to the next selection level.

One man was not questioned by attorneys on either side, but defense attorneys and prosecutors agreed to move him to the next stage of jury selection. No reasons were given for that.

Defense attorney Dennis Fisher is representing Gibbs with Bredahl. Barnes County Assistant State's Attorney Lee Grossman and Assistant Attorney General Jon Byers are prosecuting the case with Cruff.

Paulson told the prospective jurors to call the clerk of courts office on Friday to find out when they next need to report to court. He said 40 to 45 jurors likely will be brought back Monday or Tuesday. He said the jury pool later will be narrowed to 36, then to 14. The jury will consist of 12 members and two alternates.

Prosecutors will begin presenting their case following jury selection and opening statements. Then, the defense has the opportunity to call witnesses if they so choose.

Bredahl told Paulson he planned to call expert witnesses for the defense beginning on Nov. 7. The defense called no witnesses during the first trial in Minot. Bredahl and Fisher have said the defense team has not decided whether Gibbs will testify in the case.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)

News > Local

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Comments

FormerNDresident wrote on Oct 24, 2007 12:01 PM:

" To jfbm: Unfortunately, the first trial proved that there are too many people who pay no attention to events going on around them. It's troubling to know that Gibbs' whole life has been splayed on TV screens and newspaper spreads for over a year, and still there are people who pay no attention. "

jbfm wrote on Oct 24, 2007 10:36 AM:

" Just make sure the jurors are competent and understand facts and can keep their emotions in check. It is a stretch to hear one say that they've not heard of this man's past since it's been all over the media. How he's managed to slip thru the cracks of the legal system baffles me. "

Grumpy Old Republican wrote on Oct 24, 2007 8:38 AM:

" This isn't newsworthy...they're mostly removing potential jurors for legitimate reasons. Wait until the intelligent ones who know what DNA is start getting booted off left and right for fear of actually convicting this murderer. THAT will be worth press time. "

FormerNDresident wrote on Oct 24, 2007 7:38 AM:

" Note to Bredahl: Anyone with a shred of common sense and a pulse knows Gibbs is guilty. He's a predator. He preys on women. He isn't some poor black man in ND getting a raw deal. He has a history of manipulation, aggression and violence. He's served time for attempted murder. Again, no one with common sense believes that he just wouldn't 'name the shooter' in that case. He is a man who takes no responsibility for his actions, whether its caring for his numerous kids through child support, or admitting guilt to cutting someone's throat. He feels entitled, and he thinks the law can't touch him. "

Bobby L. wrote on Oct 24, 2007 7:37 AM:

" All at a considerable cost to the taxpayers of Barnes County. Of which they likely cannot afford!!! Expert witnesses, multiple defense attorneys, food, transportation, motel rooms, added security and other expenses don't come cheap. "

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