Lead prosecutor requests a second trial for Moe Gibbs

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VALLEY CITY (AP) - The lead prosecutor in the Moe Gibbs murder trial that ended with a deadlocked jury is requesting that the case be tried again.

Barnes County State's Attorney Brad Cruff said he has asked Southeast District Judge John Paulson to put the case back on the trial calendar.

When and where a second trial would take place would be up to the judge, Cruff said, but he doubts it would be held in Minot again.

The first trial was moved to Minot because of pretrial news coverage in southeastern North Dakota.

Gibbs, 34, is accused of killing Valley City State University student Mindy Morgenstern, 22, of New Salem, in her off-campus apartment last September. The 12 jurors in the first trial were split evenly on whether he was guilty, and Paulson dismissed them July 12 after four days of deliberations.

Morgenstern was stabbed and strangled in her apartment. She and Gibbs, a former Barnes County jailer, lived in the building. Authorities said Gibbs' DNA was found on the fingernails of Morgenstern's left hand and on part of the shirt she was wearing, but jurors could not agree on whether the DNA evidence implicated him in her death.

Gibbs also faces a rape charge in Fargo, and charges that he sexually assaulted five women at the Barnes County jail while he worked there. Gibbs was transferred to the Cass County jail in Fargo after his murder trial in Minot ended.

The Class AA felony murder charge against him carries a maximum penalty of life in prison without the possibility of parole.

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