Jury selection nearing completion

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The first round of jury selections is over in the second Moe Gibbs murder case, and attorneys are expected to deliver opening statements in the case on Monday.

Gibbs, 35, a former Barnes County jailer, is accused of killing Mindy Morgenstern, a Valley City State University student from New Salem, in her off-campus Valley City apartment in September 2006. A deadlocked jury in Minot could not reach a verdict in the case at a trial that lasted from June 19 to July 12.

The second trial is being held at the Burleigh County Courthouse.

After Thursday's interviews of jurors by attorneys, 23 men and 24 women remained in the pool of potential jurors. Barnes County Clerk of Court Wanda Auka selected 38 names out of a drum to choose which jurors would move on to the next round of selections, to be held on Monday. The 38 people still in the jury pool consist of 21 women and 17 men. The final two men drawn are considered extras in case one of the first 36 potential jurors drawn from the drum has an emergency before Monday, Southeast District Judge John Paulson said.

On Monday, attorneys will complete the final jury selection. With 36 possible jurors in court, attorneys on each side will have a number of "strikes" to get rid of jurors they do not want on the panel for any reason.

Defense attorneys Jeff Bredahl and Dennis Fisher have asked to have one more strike than the prosecuting attorneys because of issues related to their objections over several jurors remaining in the jury pool. Paulson said he will rule on their motion, which is opposed by prosecutors, on Monday.

The case is being prosecuted by Barnes County State's Attorney Brad Cruff, Barnes County Assistant State's Attorney Lee Grossman and Assistant Attorney General Jon Byers.

Attorneys are expected to deliver opening statements in the case following jury selections on Monday. Testimony from witnesses could follow the opening statements.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

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