Bismarck Tribune - North Dakota News - Moe Gibbs ordered to serve 15 more years for jail assaults, rape

Moe Gibbs ordered to serve 15 more years for jail assaults, rape

Dec 21, 2007 - 04:05:29 CST

By DAVE KOLPACK
Associated Press Writer

FARGO - Former jailer Moe Gibbs, already sentenced to life in prison without parole for murder, has been handed an additional 15 years for assaulting female inmates and for a 2004 Fargo rape.

The Fargo rape victim, who testified in court Thursday, looked at Gibbs and said, "I do hope you think about what you've done every day you sit in that cell. I want you to hear my voice screaming for help over and over again."

Gibbs, 35, was linked to the unsolved rape case last year through DNA analysis during the investigation into the killing of Valley City State University student Mindy Morgenstern.

The sentences for rape and the jail assaults are to be served at the same time, but they will be consecutive to Gibbs' life sentence for killing Morgenstern.

"Mr. Gibbs, these are crimes of violence against women," Judge Wade Webb said Thursday before handing down the sentences.

The former Barnes County jailer pleaded guilty to the rape charge in November, and he pleaded guilty last Friday to six felony counts involving five female inmates at the jail in Valley City last year. One of the assaults happened the same day Mindy Morgenstern was killed in her Valley City apartment, prosecutors said.

Webb sentenced Gibbs to 25 years with 10 suspended for the jail assaults and 20 years with eight suspended for the Fargo rape. He twice asked Gibbs if he wanted to say anything, but Gibbs declined.

The Fargo woman who was raped in 2004 said she tried to fight back during the assault, but Gibbs was twice her size.

"Who was this monster and why me?" she said. "The pain was unbearable."

The Associated Press does not identify victims of sexual assault.

Gibbs glanced down through most of the woman's statement. Afterward, a man who was sitting with the victim's family applauded before he was cut off by Webb.

Assistant Attorney General Jonathan Byers and Assistant Cass County State's Attorney Gary Delorme said the consecutive sentences were needed in case of a successful appeal or pardon in the murder case.

"I would argue that it's anything but moot," Delorme said.

Defense attorney Ross Brandborg argued for the rape and jail assault sentences to run at the same time as the murder sentence. He said Gibbs took responsibility by pleading guilty and said it would be unfair to impose a sentence based on what might happen in the murder case.

"The state is looking to punish Moe Gibbs for exercising his constitutional rights," Brandborg said.

Byers said Gibbs did not agree to plead guilty to the sexual assault cases until after a Bismarck jury found him guilty of murder. That was the second trial in that case. The first one ended with the jury deadlocked 6-6.

Webb said Gibbs abused public trust and assaulted women who were in vulnerable positions.

"You have ruined and affected several lives," the judge told Gibbs. "You have earned the consecutive sentences."

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Comments

JOhn Lloyd Scharf wrote on Oct 23, 2008 4:44 PM:

" The main issue here is the DNA: Is it a CODIS test? The CODIS system has been tested and there are perfect matches within the database of different persons.

Is it a mitochondrial DNA test which matches everyone who descended from the same maternal ancestor as the defendant?

Is it a Y Chromosome test which matches everyone who has the same paternal lineage for the past 400 years?

http://www.americaiswatching.org/MoeGibbs.html "

Just a Thought wrote on Dec 22, 2007 9:32 PM:

" Why is it that so many of us North Dakotans wear their emotions on thier sleeves? My commnets have absolutely nothing to do with whether Gibbs is guilty or not guilt, but rather the politics that is being played by the AG's office and Cass County Statesa Attorney's office. If this wasn't a high profile, public opinion case, the AG's office wouldn't even be represented in this matter, and Cass Coutny wouldn't have billed another 20 or 30 hours on this case to the tax payers. That is my point. We have people, like To: Just a Thought, that post information that isn't remotely correct about our judicial system and it's penaties, and then kc wants to inject emotions about attorney abilty into a political comment. The issues are different kc. "

kc wrote on Dec 22, 2007 4:15 AM:

" To Just a Thought. Mr Gibbs murdered a young woman and raped others. If this man did this to someone you loved you would pray for someone like Byers or Delorme to prosecute him. So Just a Thought.....do you put any thought into what you say? "

Just a Thought wrote on Dec 21, 2007 2:38 PM:

" "NDCC 12.1-32-01 (1) Class AA Felony, for which a maximum penalty of life imprisonment with the possibility for parole may be imposed. The Court must designate whether the life imprisonment sentence imposed is with or without the opportunity for parole. Not withstanding the provisions of Section 12-59-05, aperson found guilty of a Class AA felony and who recieves a sentence of life imprisonment with parole, shall not be eligible to have that person's sentence considered by the parole board for 30 years, less sentence reductionearned for good conduct, after that persons admission to the penitentiary." Life without parole is just that To: To Just a Thought, and life with parole is 30 years in North Dakota. "

Just a Thought wrote on Dec 21, 2007 2:12 PM:

" Wow, the thought that our Governor would pardon this guy is troubling. What do you think Dumbfounded, is it possible? On the other hand, anyone with a minute amount of legal knowledge would know that if it is over turned on appeal, Gibbs would still have to serve out any remaining time on the rape and assault charges. I read the article, now you please think your posts through next time. Is it Byers or Delorme that have thier eye on public office, or both? "

To "Just a Thought" wrote on Dec 21, 2007 12:55 PM:

" "Life" in North Dakota, with or without parole is defined as 20 years, I believe it's 30 years in Colorado so it varies from state to state. "Life" is not technically for the rest of their lives. He dug his own hole, I don't feel sorry for him, do you? "

Dumbfounded wrote on Dec 21, 2007 11:32 AM:

" To Just a Thought-If you would read the article you will find that if he is successful in an appeal or a pardon on the conviction of the murder, that is the reason for the sentence that will keep this animal off of the street. Before commenting on someone doing their job, whom I do not know, it would be wise the read the article in its entirety. "

Just a Thought wrote on Dec 21, 2007 10:14 AM:

" Serving life without the possibility of parole already, am I correct? So this is either over kill or anohter states attorney seeking to make a name for himself. I'll let the readers decide. "

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