FARGO (AP) - A judge has moved the second murder trial for former Barnes County jailer Moe Gibbs from Grand Forks to Bismarck.
Southeast District Judge John Paulson issued the scheduling order on Friday for the Oct. 22 trial. Gibbs is charged in the death of Valley City State University student Mindy Morgenstern. He has pleaded not guilty.
Paulson said he didn't think Gibbs could receive a fair trial in Grand Forks, citing comments that were made on a radio talk show in that city. Security officials also suggested the move for safety reasons, Paulson said. The trial is scheduled for the federal courthouse.
Jeff Bredahl, one of Gibbs' attorneys, and Barnes County prosecutor Brad Cruff did not return phone calls seeking comment.
The trial is expected to last through Nov. 9, the order said. In a separate order, Paulson called for a panel of 120 potential jurors.
A deadlocked jury could not reach a verdict in the first murder trial, held last month in Minot.
Authorities said Morgenstern was strangled and stabbed in her off-campus apartment. Prosecutors said DNA evidence found under Morgenstern's fingernails and on her shirt was a match to Gibbs.
Defense attorneys have said the DNA likely came from a doorknob in the apartment building where both Gibbs and Morgenstern lived.
Gibbs also is scheduled for trial Sept. 17 on charges that he sexually assaulted five women inmates while working at the Barnes County Jail. He has pleaded not guilty.
Defense attorney Ross Brandborg has asked to have the sexual assault trial delayed. Southeast District Judge Mikal Simonson has not ruled on that request.
Gibbs also has been charged for a 2004 rape in Fargo. He has pleaded not guilty. A trial date has not been set.
Posted in State-and-regional on Friday, August 10, 2007 7:00 pm Updated: 3:48 pm.
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