FARGO (AP) - Court documents say forensic testing shows DNA found on two knives used in the slaying of Valley City State University student Mindy Morgenstern does not match the man accused of killing her.
The testing also shows DNA from men other than Moe Maurice Gibbs was found on Morgenstern's right hand, and that DNA found under the fingernails of her left hand does not match Gibbs.
Previous testing at the state crime lab on DNA voluntarily submitted by Gibbs matched scrapings found underneath at least two of Morgenstern's fingernails, according to an affidavit filed with the court.
Previous testing also determined that fingerprints found at Morgenstern's apartment do not match Gibbs or anyone printed during the investigation into her death.
Gibbs, 34, is charged with Class AA murder in Morgenstern's death. The body of the 22-year-old woman from New Salem was found in her off-campus apartment Sept. 13, 2006.
Gibbs, who lived in the same apartment building, was arrested and charged about a week later. He is being held without bail in the Cass County Jail until his trial, which is set for June 19 in Minot.
The new DNA test results, dated April 27, come from an independent laboratory in Texas the prosecution and defense agreed in January to use, according to Barnes County District Court files.
Jeff Bredahl, Gibbs' defense attorney, is asking a judge to examine whether there is enough evidence against his client to go forward with the trial.
Assistant Attorney General Jonathan Byers has asked the judge to allow prosecutors to bring up Gibbs' criminal history during his trial.
Gibbs is accused of fondling female inmates while working as a Barnes County jailer last year. He also is charged in a 2004 rape in Fargo. He has pleaded not guilty.
Before moving to North Dakota, when he was known as Glen Dale Morgan Jr., Gibbs served just more than five years of a 10-year sentence for a 1992 attempted premeditated murder charge brought in military court.
Prosecutors allege Gibbs killed Morgenstern when she rejected a sexual advance.
Southeast District Judge John Paulson has agreed to expand the pool of potential jurors in Gibbs' trial to 90, from the original 60. He will decide on other matters later.
Posted in Local on Saturday, May 26, 2007 7:00 pm Updated: 3:50 pm.
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