FARGO - Attorneys for a former Barnes County jailer charged with murder questioned the strength of the evidence against him during one of the final hearings before his trial.

Moe Gibbs, 34, is charged with killing Valley City State University student Mindy Morgenstern, 22, of New Salem, in her off-campus apartment. His trial is set for June 19 in Minot.

Defense attorney Jeff Bredahl asked Judge John Paulson on Friday for a new hearing to determine whether prosecutors have enough evidence against Gibbs. Paulson denied the request.

"The state's case has diminished," Bredahl told the judge.

Barnes County prosecutor Brad Cruff said the DNA evidence was solid and argued there was no reason to revisit the probable cause hearing.

"They keep talking about what's not there … and they dance around what is there," Cruff said of defense attorneys.

Investigators said Morgenstern died of strangulation and a cut to the neck. Bredahl told Paulson prosecutors were basing their case on a tiny amount of DNA found under Morgenstern's fingertips that could have been exchanged on a door handle.

"There are a lot of explanations here that are innocent, reasonable explanations," he said.

Bredahl said there was no evidence of Gibbs' DNA on two knives and kitchen gloves found at the scene, and investigators did not find Morgenstern's blood in Gibbs' car, apartment or clothing.

In ruling against the defense motion, Paulson said the DNA and a statement Gibbs gave to police are enough to warrant a trial. "It's a relatively light burden," he said of probable cause.

Standing together outside the courtroom, Cruff and Bredahl said they agreed to answer reporters questions together during the remainder of the case, rather than ask Paulson for a gag order. Cruff said he and Bredahl would "agree to disagree" on the DNA evidence.

"That's what trial is for," the prosecutor said.

Paulson favored the defense on two other motions. He ruled that Gibbs' criminal history should not be a factor in his trial, and agreed to allow some testimony on Morgenstern's background and sexual history.

"I'm satisfied I can control it if a question arises," the judge said.

Bredahl said afterward that he would be respectful of the victim's family during questioning.

Gibbs faces charges in two other cases. He is charged with sexually assaulting five female inmates while working at the Barnes County Jail, and with a 2004 rape in Fargo. He has pleaded not guilty.

Defense attorneys filed a motion Friday to sequester the jury in Minot, basing the late request on the recent killing of a Minot State University student. Anita Knutson's body was found in her apartment earlier this week.

Knutson's death "has produced an unexpected potential source of infection" for jurors, the defense motion said. Cruff had not filed a response Friday.

The final pretrial conference is scheduled for June 18 in Minot. Paulson said he expected jury selection to last about three days.