Bismarck Tribune - North Dakota News - Lawyers pushing for third trial

Lawyers pushing for third trial

Dec 05, 2007 - 04:04:51 CST

FARGO (AP) - Moe Gibbs' attorneys say their client should be granted a third murder trial because their $55,000 budget was too meager to hire the expert witnesses Gibbs needed for his second one.

Gibbs was convicted last month of murder in the September 2006 slaying of Mindy Morgenstern, a student at Valley City State University. Morgenstern, 22, was found in her off-campus apartment. The 35-year-old Gibbs lived in the same building.

Jurors in Bismarck deliberated 27 hours before they decided Gibbs was guilty. His first trial, held last summer in Minot, ended when jurors could not reach a verdict.

Gibbs' lawyers, Jeff Bredahl and Dennis Fisher, of Fargo, were hired at public expense for the second trial because Gibbs is indigent. Experts in DNA, video enhancement and computer analysis were hired to testify as defense witnesses.

Fisher, in a court filing, said budget restraints prevented defense lawyers from using three other experts, whom he described as pivotal to Gibbs' defense. One was a former New York City chief medical examiner who had agreed to testify for a reduced fee of $6,000, Fisher said.

In a motion filed Monday, Bredahl asked Southeast District Judge John Paulson to overturn the Nov. 16 guilty verdict and grant Gibbs another trial.

Paulson has not scheduled arguments on the motion, and prosecutors have not filed a response. A gag order in the case restricts what attorneys on both sides may say about it outside of court.

Gibbs is scheduled to be sentenced on the murder charge on Dec. 17. He faces a maximum penalty of life in prison without parole.

Since his murder conviction, he has agreed to plead guilty to a 2004 rape in Fargo. Under a plea agreement, he is to serve 12 years in prison for the rape, with his sentence to run concurrently with any time he serves for murder. Gibbs' sentencing on the rape charge is scheduled for Dec. 20.

Separately, a Dec. 14 plea hearing has been scheduled on charges that Gibbs sexually molested five female inmates at the Barnes County jail while he worked there as a jailer.

News > State

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Comments

FormerNDresident wrote on Dec 15, 2007 7:45 AM:

" I misspoke - I meant to say ... "and he was found GUILTY." I apologize for the misstatement - the dangers of trying to multi-task, I guess. "

FormerNDresident wrote on Dec 13, 2007 12:23 PM:

" To Jim S: You're right. This is the way our system works: he got a second chance at a trial after the first hung jury... and he was found innocent. Done deal. He got a fair trial with experienced lawyers. On the other hand, I can see why $55,000 wasn't enough for the defense lawyers... they really need to make more money, not for expert witnesses, but to pay their own legal fees for all the time they spend having to defend themselves in court. Those two spend as much time in court for their own legal woes as they do defending others (see public records). Those legal fees can really add up! "

Fossilman wrote on Dec 8, 2007 8:54 AM:

" Quit wasting our money! He was guilty from the start! Let him rot in jail,where he belongs............ "

what wrote on Dec 5, 2007 10:39 PM:

" Looks like some defense attorneys are trying to make a name for themselves. Give it a rest. He's quilty. The tax payers should not have a spend one more penny on this guy. "

Jim S wrote on Dec 5, 2007 10:31 PM:

" I am NOT defending Gibbs, but what if this was you in his shoes. Wouldn't you want to use every avenue available to try to prove your innocence? I know I would. Remember, the first trail jurors couldn't reach an agreement. Basically we have 1 verdict that supports both guilt and innocents. This is the way our court system works and this is not what is wrong with it. What IS wrong with our system is that we are often persumed quilty before we even have a chance to proove our innocence. It is supposed to be the other way around. "

KATZ wrote on Dec 5, 2007 6:23 PM:

" Repy to Callie: You expressed my thoughts exactly! Moe Gibbs was given more than fair trials; and he was convicted of murdering Mindy Morgenstern. Gibbs already pleaded "no contest" to raping a Fargo girl, and has been arrested for molesting five female inmates. Gibbs is a repeat offender, a predator; and he should be locked up for the rest of his life, so that he will never be able to hurt or kill anyone again. Moe Gibbs has been given much more of a chance by the judicial system; than Moe Gibbs ever gave Mindy Mogenstern, or the other women he raped. Gibbs and his attorneys should settle for the fact that Gibbs is still alive, and leave it at that. Why should the taxpayers of North Dakota have to fork over any more money, to defend this predator. least alive, and settle for that. "

ND Conservative wrote on Dec 5, 2007 3:42 PM:

" Ruth--you are correct that lay witnesses are subject to a subpoena to testify as part of their civic duty. Expert witnesses are retained at their professional rates, rather than the subpoena fee, due to the fact that they are allowed to give testimony based upon scientific observation, tests, etc. I completely agree with your sarcasm, as $55K was used to retain several experts and put on a defense, which was more than was done in Gibbs first trial. A defense by cross-examination is very easy on the pocketbook, and I would really like to know how much Bredahl was paid by the Gibbs family for his first trial. If it was less than $55K--he has nothing to complain about. "

Ruth wrote on Dec 5, 2007 12:05 PM:

" I guess $55,000 doesn't go very far these days (sarcasm dripping). Why do we have to buy witnesses, anyway? Isn't it a civic duty? "

ND Conservative wrote on Dec 5, 2007 9:16 AM:

" Since when is $55K inadequate to defend a murder case? Are we as taxpayers to keep dumping cash down Bredahl's rabbit hole until he can purchase a victory? How about this--let us find out how much the family spent on the first trial--as I remember, the defense team didn't even call a witness, let alone the multiple experts that were called during the second trial and paid for by the ND Commission on Legal Counsel for Indigents. Gibbs had his defense, and the jury said guilty--a defense that, two (2) years ago, he never could have gotten through the old system of court-appointed counsel. "

Callie wrote on Dec 5, 2007 8:23 AM:

" This is ridiculous. His lawyers should find new clients, and get over the fact that they lost the case. This is an insult, not only to Morgenstern's family and friends, but to the taxpayers. The guy was found guilty of this crime, admitted to a rape in Fargo, and has a hearing for 5 molestations. But, we're supposed to believe that there is evidence that he didn't kill Morgenstern? No wonder people get upset with the legal system. "

don wrote on Dec 5, 2007 7:39 AM:

" i think mr gibbs lawyers should have furnished the entire case work for free, if they feel so strongly about helping him.. OR maybe we should go for for a average of 3 out of five trials if innocent 3 out of five trials he goes free.. "

No Justice wrote on Dec 5, 2007 7:22 AM:

" I agree, Moe should get another trial and have a much larger budget to buy him what experts he needs to prove him innocent. After all, look what a ton of money got O.J. Simpson!! Don't we all deserve the right to buy experts that will testify on our behalf? "

Kelli wrote on Dec 5, 2007 6:49 AM:

" I think the painting is on the wall....in various places and from various things Gibbs did. He should admit the truth and take his punishment that he deserves. If these are so called "expert" witnesses, why weren't they used in place of the "nonexpert" witnesses? Just another joke in this whole thing with Gibbs. Who wants to help pay for this?? "

opinion is me wrote on Dec 5, 2007 6:37 AM:

" I think we as taxpayers and the families of his victims have paid enough already. The only additional expense we should pay is whatever it costs to build a gallows. "

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