Update - Gibbs jury dismissed after deadlock

Font Size:
Default font size
Larger font size

MINOT - The jury in the Moe Gibbs murder trial was dismissed Thursday after deadlocking on the question of whether he killed college student Mindy Morgenstern. Supporters of Gibbs and Morgenstern said they were heartbroken by the stalemate.

The jury of seven women and five men deliberated more than 22 hours over four days before declaring themselves deadlocked. A jury statement, signed by foreman Walter Skrainy Jr., said jurors had unanimously concluded they could not reach a decision.

"This is based on our completion of your instructions, and our deeply held judgments, which are evenly divided," Skrainy wrote in a note to Southeast District Judge John Paulson, who presided over the case.

Paulson thanked the jurors and dismissed them shortly before 1:30 p.m. The jurors had just finished their lunch break.

Gibbs, 34, a former Barnes County jailer and campus security guard, was charged with killing Morgenstern, 22, of New Salem, last September. Authorities said she was strangled and stabbed in her off-campus apartment. Gibbs lived in the same building at the time.

Several supporters of Morgenstern gasped and cried after the deadlock was announced. "It's a little bit of a shock," said Liz Kleinke, who said Morgenstern was her best friend and track teammate at Valley City State University.

Morgenstern's parents, Larry and Eunice Morgenstern, of New Salem, were not present in the courtroom when the stalemate was announced. They could not be reached immediately for comment.

Gibbs kept a stoic appearance, but appeared to weep after Paulson read the jury's statement. Steve Etienne, his brother-in-law, described Gibbs as "devastated" by the jury's failure to acquit him.

"There's a killer out there, and pinning it on my brother-in-law, I think is just wrong," Etienne said. "For the jury to come back with this verdict, there is obvious doubt … It really put us in limbo, because we don't have any closure."

Breeze Etienne, who is Gibbs' sister, declined comment, other than to say authorities should reopen the investigation "and find out who really did it." Her husband agreed. "They need to get back on the horse and ride again," Steve Etienne said.

Gibbs remained in custody after the verdict. He is awaiting trial on charges that he sexually assaulted five women while working as a Barnes County jailer, and that he raped a woman in Fargo three years ago. He has pleaded not guilty to the charges.

Gibbs could be tried again on the murder charge, but there was no immediate word on whether that would happen. A gag order bars attorneys on both sides from commenting on the case.

Brad Cruff, the Barnes County state's attorney, was the lead prosecutor on the case, assisted by Jonathan Byers, an assistant attorney general, and assistant county prosecutor Lee Grossman. Attorneys Jeff Bredahl and Dennis Fisher defended Gibbs.

The trial was moved from Valley City to Minot because of pretrial publicity. Attorneys began interviewing potential jurors June 19, and lawyers gave their opening statements June 27. Thursday was the 11th day of the trial.

Gibbs was accused of Class AA felony murder, which carries a maximum penalty of life in prison without the possibility of parole.

Print Email

/news/local
 
Sponsored by:

Connect with Us