Jurors hear closing arguments in murder trial of Moe Gibbs

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BISMARCK, N.D. (AP) - Moe Gibbs "left his calling card" in DNA evidence under Mindy Morgenstern's fingernails, the prosecutor told jurors Tuesday in closing arguments in Gibbs' murder trial. Gibbs' attorney countered that prosecutors are ignoring the facts.

Gibbs 35, a former Barnes County jailer, is on trial for a second time in the death of the Morgenstern, 22, a Valley City State University student from New Salem. She was found strangled with a belt and stabbed with two kitchen knives in her off-campus apartment in September 2006.

Gibbs' first trial ended in a 6-6 jury deadlock in July in Minot.

Prosecutor Brad Cruff told jurors Tuesday that Morgenstern herself provided the evidence that should lead to Gibbs' conviction.

Investigators found Gibbs' DNA on the fingernails of Morgenstern's left hand. Cruff said it was the result of a fight with Gibbs that led to her death. Defense attorneys said the DNA could have come from something that both Gibbs and Morgenstern touched in the apartment building where both lived.

Cruff told jurors that Gibbs "left his calling card under Mindy's fingernails."

"There is no question that Mindy was murdered, that it took place in her apartment in Valley City , North Dakota. It's just a question of who. And as the state's evidence has shown over the last couple of weeks, that who is Moe Gibbs," the prosecutor said.

Defense attorney Jeff Bredahl called Cruff's summation "an insult to the evidence."

"Theories do not equal facts," Bredahl said.

Gibbs' attorneys asked for a mistrial during Cruff's closing argument. Judge John Paulson denied the request.

The audio files below are from the Gibbs trial.

Brad Cruff is the lead prosecutor, the Barnes County state's attorney. Jeff Bredahl is one of Gibbs' defense lawyers.

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