FARGO - Former jailer Moe Gibbs was sentenced Monday to life in prison without the possibility of parole for stabbing and strangling Valley City State University student Mindy Morgenstern in her off-campus apartment.
Gibbs was convicted in Bismarck last month of murder in the September 2006 slaying of Morgenstern, 22, of New Salem. His first murder trial, in Minot, ended in a deadlocked jury.
Gibbs, 35, showed no reaction when he was sentenced Monday.
When asked if he had anything to say before sentencing, Gibbs maintained his innocence and told Judge John Paulson: "My heart, my prayers go out to the Morgenstern family. This is a terrible crime that never should have happened, and I apologize that it happened."
Morgenstern's mother, Eunice, was the only witness to give a statement at Monday's hearing. She looked directly at Gibbs and said, "Mr. Gibbs, I forgive you publicly here. I also want you to know that I won't forget what you did to Mindy."
She ended her comments by telling Gibbs, "my heart goes out" to his family and children, and Gibbs said, "Thank you."
Before sentencing Gibbs, Paulson denied the former Barnes County jailer's request for a new trial.
The judge said the evidence was overwhelming that Gibbs strangled and stabbed Morgenstern in the neck, then poured Pine-Sol cleaning fluid on her face and torso last year.
"The actual happenings of the murder are just horrific," the judge said.
Gibbs has pleaded guilty to a 2004 rape in Fargo and to six counts of sexual assault against five women inmates at the Barnes County jail.
The plea deal in the jail assault case calls for a 25-year prison sentence with 10 years suspended, to be served at the same time as the sentence for rape. Sentencing in the rape case is set for Thursday. A plea agreement in that case calls for 12 years in prison.
Prosecutor Jonathan Byers said he believed Morgenstern's killing was sexually motivated. He said one of sexual assaults at the jail happened the morning Morgenstern was killed, and said Gibbs has admitted he has a sexual addiction.
"That's a connection between dots that a citizen could make," Byers said.
Paulson said evidence shows Morgenstern was surprised by the attack. Prosecutors believe she was killed after she fought back.
Defense attorney Jeff Bredahl said Monday that shortly after he took over the case, Gibbs was offered a plea deal of two years in prison. Bredahl said he told Gibbs he would be foolish not to take it.
"He looked at me and said, 'I didn't kill Mindy Morgenstern,'" Bredahl said.
Gibbs' fiancee, Amy, and his lawyers declined comment afterward.
Earlier, Gibbs' attorneys said he should be granted a third murder trial because their $55,000 budget was too small to hire the expert witnesses he needed.
"I apologized to this man because the system let him down," Bredahl told Paulson, touching Gibbs on the shoulder. "The system let him down because of money."
Byers said Gibbs had two good lawyers and access to evidence.
"We think the taxpayers did fund a fair trial for Mr. Gibbs," Byers said.
Posted in State-and-regional on Monday, December 17, 2007 6:00 pm Updated: 3:48 pm.
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