Nov 10, 2007 - 07:13:33 CST
Testimony in the Moe Gibbs murder trial ended Friday following testimony from the final defense witness and two prosecution rebuttal witnesses.Southeast District Judge John Paulson said closing arguments in the case will be presented on Tuesday. The Burleigh County Courthouse, where the trial is being held, will not be open on Monday because of Veterans Day.
Defense attorneys Jeff Bredahl and Dennis Fisher called the last of their four witnesses to the stand Friday morning. Marc Scott Taylor, a forensic scientist from Ventura, Calif., testified that he believes Gibbs' DNA found on the fingernail clippings and scrapings of Mindy Morgenstern could have ended up there by innocent contact.
Gibbs, 35, is accused of killing Morgenstern, a Valley City State University student from New Salem, in her off-campus apartment. 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.
"I still believe Mr. Gibbs' DNA could have been transferred through non-criminal activity, because there was contact between these individuals," Taylor said.
Taylor said the amount of Gibbs' DNA found on Morgenstern could have been passed from touching the same objects or through innocent contact. His testimony differed from that of DNA experts called by prosecutors, including Michael Bourke, a forensic scientist from Connecticut who said the DNA found on Morgenstern had to have come from "vigorous physical contact."
Under cross examination by Assistant Attorney General Jon Byers, Taylor said he does not know of any published articles that would confirm that the amount of DNA found on Morgenstern could have been picked up from an object another person has touched.
"That level is higher than what we would typically see transferred in that mechanism,"he said.
Taylor told jurors he has worked on such high-profile cases as the O.J.Simpson murder case, the Kobe Bryant case and the Unibomber case. He also was a consultant and occasional actor on the television show "Quincy," and reviewed scripts for the television show "Murder, She Wrote."
Taylor said the "great majority" of his work is for defense teams.
Bourke, who testified Tuesday, said he did not consider Taylor his equal as a DNA expert. One of the reasons Bourke, who has a Ph.D, gave for that sentiment was that Taylor has no formal education beyond a bachelor's degree.
Byers showed Taylor two documents Friday which indicated Taylor has a master's degree. An entry for Taylor on the National Directory of Expert Witnesses says he has a master's of science degree, and an entry for Taylor from the Bar Association of San Francisco says he has a master's of arts degree. Taylor said he did not complete a master's degree, so Byers gave him the entries so he could have them corrected.
Byers is prosecuting the case along with Barnes County State's Attorney Brad Cruff and Barnes County Assistant State's Attorney Lee Grossman.
The defense rested following Taylor's testimony. Prosecutors then called two witnesses in rebuttal.
Bureau of Criminal Investigations Special Agent Tim Erickson was called in rebuttal to defense witness Leo Worner's testimony. Worner testified Thursday that MSN Messenger on Gibbs' computer was accessed at 1:07 p.m. Sept. 13, 2006, the day Morgenstern was murdered. However, Erickson said he is "absolutely certain" the program had been accessed at 2:07 p.m.
"These times are one hour off," Erickson said, looking at a chart of computer activity presented during Worner's testimony.
Erickson explained that some computer programs used to look at computer records do not take into consideration time zones and daylight-saving time changes. He said it was his opinion that Worner's times were off for that reason.
Prosecutors also recalled Special Agent Arnie Rummel to talk about photographs he took of Gibbs on Sept. 20, the day he was arrested. Despite defense objections, Rummel was allowed to tell jurors the location of tattoos on Gibbs' body, including ones on his right and left upper arms, his abdomen and his chest.
Cruff said Rummel was recalled to question the credibility of Thomas Edwards, a video magnification and enhancement expert called by the defense on Thursday. Edwards said he did not see anything on Gibbs' upper arm, and Cruff said that goes toward his credibility since Gibbs has tattoos on his arms.
After the defense rested its case Friday morning, Fisher made a Rule 29 motion, which is a motion asking a judge to acquit a defendant for insufficient evidence. Fisher indicated he had made a similar motion after the state rested its case on Thursday, but if he made such a motion, it was done out of the hearing of the public. After the prosecution called its two rebuttal witnesses, Fisher renewed his motion.
Paulson denied the motion, saying he felt prosecutors had presented enough evidence for jurors to decide whether Gibbs should be found guilty of the crime.
Paulson told jurors to return by 8 a.m. on Tuesday to receive their final instructions and hear closing arguments. Jury deliberations will begin following arguments.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)
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