Potential jurors in Moe Gibb's second murder trial have to fill out a 34-page questionnaire containing questions about their family, occupations, perceptions of the justice system and racial issues.

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 apartment last September. A deadlocked jury in Minot could not reach a verdict in the case earlier this summer.

A retrial has been slated to begin Oct. 22 at the Burleigh County Courthouse.

Barnes County Clerk of Courts Wanda Auka said questionnaires have been sent out to 120 Burleigh County residents. Potential jurors in Gibbs' first trial, which was held in Minot, had to fill out a 39-page questionnaire, she said.

Questions for the form were agreed upon by prosecutors and defense attorneys in the case, Auka said. She said potential jurors are supposed to return the forms within seven days of receiving them.

Once the forms are back, attorneys on both sides will have a chance to review them. If prosecutors and defense attorneys agree on jurors that should be excused, they will contact the judge about those people, Auka said.

Southeast District Judge John Paulson has not said how many people out of the 120 he wants in the jury pool, Auka said.

"It'll just depend on how it goes," she said.

Potential jurors ordered to show up to court on the first day of the trial will be interviewed three per hour, Auka said.

During Gibbs' first trial for the murder, Paulson closed the courtroom during portions of the jury selection. Auka said that has not been discussed yet for the second trial.

The questionnaire to be filled out contains questions regarding potential jurors' residence, family, education, employment, hobbies, military service, contacts with law enforcement and the legal system, perceptions and knowledge of the justice system, feelings about jury service, racial perceptions and knowledge of the Gibbs' case.

Questions on the form include the following:

- "From what you have heard or read, do you believe that DNA evidence is generally reliable or unreliable evidence?"

- "Witnesses may testify about injuries that are very graphic in nature. Is there anything about this subject matter that will make it difficult for you to listen to or objectively evaluate the testimony?"

- "Is there any racial or ethnic group that you do not feel comfortable being around?"

The form also asks if jurors know or have heard of any of the 29 potential witnesses in the case, family members of Morgenstern or Gibbs, or the three prosecuting attorneys and two defense attorneys involved in the case.

Barnes County State's Attorney Brad Cruff, Barnes County Assistant State's Attorney Lee Grossman and Assistant Attorney General Jon Byers are prosecuting the case. Fargo defense attorneys Jeff Bredahl and Dennis Fisher are Gibbs' counsel.

The questionnaires should speed up jury selection, Auka said.

"It just eliminates the questioning process," she said.

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