| Eagle Photo by Doug Domedion |
Moe Gibbs |
Posted by "Juror" on KXnet.com Bismarck News Forum
Posted On: Nov 23 2007 7:45PM
I was a juror in the first trial and I must say that I was surprised by the guilty verdict. I'm sure all those jurors did what they felt
they had to do (or at least I hope so). I find it strange that the jurors didn't find a reasonable doubt. According to the law if there
is a reasonable doubt then they must find the defendant not guilty. These are the conclusions that I as well as 5 of the other
jurors who voted not guilty in the first trial came up with. The DNA. Yes Moe Gibbs DNA was on her left finger(s). It was not
under her nails as the press has loved to say. It was on the finger nail. The prosecutors' DNA expert did testify that it could have
gotten their innocently. It's a wonder why the state decided on a new DNA expert to testify in the 2nd trial. There was DNA on
Mindy's other hand which was left there by 2 unknown males. I wonder who they are. Could they be the killer?
There's reasonable doubt #1. There was male DNA on the knives left by two males (not Gibbs). Reasonable doubt #2. There was
a blonde hair in the palm of Mindy's hand. Not Gibbs of course as he is a bald black man.
Reasonable doubt #3. There is the fact that no trace evidence was found on Gibbs' clothes, his car, his apartment, or his wife's
parent's house. Wow that's strange. Especially since the brilliant detective from Valley City said without a doubt they will find it
when they look. That was said during the interigation video which we watched twice. That is reasonable doubt #4.
There was testimony from Gibbs' wife at the time that said he did not change clothes all day and there was no smell of pinesol on
him. She was not covering up for him as she resents him. Reasonable doubt #5.
Then there is the timeline. Gibbs dropped his wife off at work around 1225PM and then received a text message from her at
1234PM asking for him to bring her a drink. Mrs. Gibbs said that he brought her a drink within 10 minutes. Mindy's first missed
cell phone call was at 1243PM and her phone was right next to her body (I saw the pictures). That means one could presume that
Mindy was dead before 1243PM. That does not give Gibbs enough time to kill her. Did I mention the fact that he had a one year
old child with him who he loved. Reasonable doubt #6.
Then there is the poor police work. And really the Valley City Police Dept and the BCI agents involved should be ashamed of
themselves. There was testimony that they didn't close off the apartment complex because they didn't have a standard operating
procedure for how to secure a crime scene. I work in a call center and even we have SOPs. It was pathetic. A BCI agent testified
that they used luminol 14 days after the murder and they only tested from Mindy's apartment to Gibbss apartment. Seems like
they had their mind made up. Oh yeah, they testified that they had to read the directions. Very professional. The state never
tested the belt that was used to strangle Mindy. The police work was reasonable doubt # 7 in my mind.
There of course were the unknowns. The old man who accosted Mindy and led to a 911 call from a frantic Mindy. Who was that
guy? The stalker that Mindy had from a neighboring town. Who was that guy? The fact that Jordon Ranum was taking pictures of
females in the courtbuilding without their knowledge on his cell phone is a little concerning. That is a fact because the balif told
me after he had been reported for concerns that he was taking pictures of the jurors. Perhaps I am wrong and maybe Mr. Gibbs
did murder Mindy. I said in the jury room that if we find Gibbs not guilty and we are wrong then the state holds that responsibility
for not proving the case, however, if we find Mr. Gibbs guilty and we are wrong then the responsibilty lies on us because the
state did not prove their case beyond a reasonable doubt. I hope that justice was served, but deep down in my heart I know that
it was not. I wish the Gibbs family my prayers and my blessings and I wish the same the Mindy's family. She is in a better place
and I hope both families may find some comfort.
CASE NOT OVER DESPITE JURY'S VERDICT
The Forum
Published Sunday, November 18, 2007
BISMARCK – Two key phrases – “vigorous physical contact” and “unsolved case” – may have spelled the difference between
a jury deadlock and conviction in Moe Gibbs’ two murder trials.
One of the phrases gives Gibbs’ lawyers a point to make during his likely appeal to the North Dakota Supreme Court.
A jury on Friday convicted the former Barnes County jailer in the September 2006 murder of Mindy Morgenstern, 22, a Valley
City State University student who grew up in New Salem. Morgenstern was strangled and stabbed in her off-campus Valley
City apartment, in a building where she and Gibbs both lived.
It was Gibbs’ second trial. His first, held this past summer in Minot, ended because of a jury stalemate during deliberations.
Afterward, some jurors said there were disagreements among them about the strength of the prosecution’s DNA evidence
in the case.
Investigators found Gibbs’ DNA on the fingernails of Morgenstern’s left hand. During both of Gibbs’ trials, his attorneys
argued that Morgenstern could have picked up the genetic evidence by touching a surface after Gibbs touched it.
During Gibbs’ second trial in Bismarck, Michael Bourke, a forensic scientist in Connecticut’s Department of Public Safety,
provided the stout rebuttal of the defense’s “touch DNA” argument that the first trial lacked.
The amount of DNA on Morgenstern’s nails, he said, indicated that it came from “vigorous physical contact,” saying it could
happen if one person scratched another while playing football. Transferring that amount of genetic material by touching the
same surface was “absolutely not” possible, Bourke said
The “unsolved case,” which prosecutors brought up during testimony and closing arguments, refers to a 2004 rape charge,
for which Gibbs is scheduled to go on trial next month in Fargo.
Investigators had matched DNA from Morgenstern’s left-hand fingernails to a DNA sample taken from the alleged rape
victim. Investigators later found that Gibbs’ DNA matched both samples, which made him the primary suspect in the probe
into Morgenstern’s slaying.
Prosecutors are not usually allowed to tell jurors about other allegations against a criminal defendant. But Southeast District
Judge John Paulson allowed the “unsolved case” reference during testimony by Hope Olson, the director of North Dakota’s
crime laboratory, and it was included in a slide presentation shown to jurors during the prosecution’s closing argument.
Paulson denied a defense request for a mistrial.
Gibbs’ lawyers, Jeff Bredahl and Dennis Fisher, have not said whether they will appeal the jury’s guilty verdict. But Bredahl
asked that a gag order affecting attorneys and witnesses in the case be continued “for purpose of appellate issues,” and
requested a transcript of the trial, which is needed in a Supreme Court appeal.
The “unsolved case” reference, and whether it prejudiced jurors against Gibbs by providing an opening for speculation about
his other problems, is certain to be a key element of any appeal.
Jurors declined comment on the case after they handed up their verdict Friday, but one of the jury’s two alternates said
afterward that he considered the “unsolved case” language to be a reference to a sex crime.
It was DNA evidence and testimony from the unsolved case that helped investigators to identify Gibbs as a suspect in
Morgenstern’s death, said Jonathan Byers, an assistant attorney general who helped to prosecute Gibbs.
Gibbs “is nowhere in the picture,” Byers said during closing arguments, “until there’s a match with an unsolved case.”
See note below from first jury, saying they
were hopelessly deadlocked.
Posted On: Nov 23 2007 7:45PM
I was a juror in the first trial and I must say that I was surprised by the guilty verdict. I'm sure all those jurors did what they felt
they had to do (or at least I hope so). I find it strange that the jurors didn't find a reasonable doubt. According to the law if there
is a reasonable doubt then they must find the defendant not guilty. These are the conclusions that I as well as 5 of the other
jurors who voted not guilty in the first trial came up with. The DNA. Yes Moe Gibbs DNA was on her left finger(s). It was not
under her nails as the press has loved to say. It was on the finger nail. The prosecutors' DNA expert did testify that it could have
gotten their innocently. It's a wonder why the state decided on a new DNA expert to testify in the 2nd trial. There was DNA on
Mindy's other hand which was left there by 2 unknown males. I wonder who they are. Could they be the killer?
There's reasonable doubt #1. There was male DNA on the knives left by two males (not Gibbs). Reasonable doubt #2. There was
a blonde hair in the palm of Mindy's hand. Not Gibbs of course as he is a bald black man.
Reasonable doubt #3. There is the fact that no trace evidence was found on Gibbs' clothes, his car, his apartment, or his wife's
parent's house. Wow that's strange. Especially since the brilliant detective from Valley City said without a doubt they will find it
when they look. That was said during the interigation video which we watched twice. That is reasonable doubt #4.
There was testimony from Gibbs' wife at the time that said he did not change clothes all day and there was no smell of pinesol on
him. She was not covering up for him as she resents him. Reasonable doubt #5.
Then there is the timeline. Gibbs dropped his wife off at work around 1225PM and then received a text message from her at
1234PM asking for him to bring her a drink. Mrs. Gibbs said that he brought her a drink within 10 minutes. Mindy's first missed
cell phone call was at 1243PM and her phone was right next to her body (I saw the pictures). That means one could presume that
Mindy was dead before 1243PM. That does not give Gibbs enough time to kill her. Did I mention the fact that he had a one year
old child with him who he loved. Reasonable doubt #6.
Then there is the poor police work. And really the Valley City Police Dept and the BCI agents involved should be ashamed of
themselves. There was testimony that they didn't close off the apartment complex because they didn't have a standard operating
procedure for how to secure a crime scene. I work in a call center and even we have SOPs. It was pathetic. A BCI agent testified
that they used luminol 14 days after the murder and they only tested from Mindy's apartment to Gibbss apartment. Seems like
they had their mind made up. Oh yeah, they testified that they had to read the directions. Very professional. The state never
tested the belt that was used to strangle Mindy. The police work was reasonable doubt # 7 in my mind.
There of course were the unknowns. The old man who accosted Mindy and led to a 911 call from a frantic Mindy. Who was that
guy? The stalker that Mindy had from a neighboring town. Who was that guy? The fact that Jordon Ranum was taking pictures of
females in the courtbuilding without their knowledge on his cell phone is a little concerning. That is a fact because the balif told
me after he had been reported for concerns that he was taking pictures of the jurors. Perhaps I am wrong and maybe Mr. Gibbs
did murder Mindy. I said in the jury room that if we find Gibbs not guilty and we are wrong then the state holds that responsibility
for not proving the case, however, if we find Mr. Gibbs guilty and we are wrong then the responsibilty lies on us because the
state did not prove their case beyond a reasonable doubt. I hope that justice was served, but deep down in my heart I know that
it was not. I wish the Gibbs family my prayers and my blessings and I wish the same the Mindy's family. She is in a better place
and I hope both families may find some comfort.
CASE NOT OVER DESPITE JURY'S VERDICT
The Forum
Published Sunday, November 18, 2007
BISMARCK – Two key phrases – “vigorous physical contact” and “unsolved case” – may have spelled the difference between
a jury deadlock and conviction in Moe Gibbs’ two murder trials.
One of the phrases gives Gibbs’ lawyers a point to make during his likely appeal to the North Dakota Supreme Court.
A jury on Friday convicted the former Barnes County jailer in the September 2006 murder of Mindy Morgenstern, 22, a Valley
City State University student who grew up in New Salem. Morgenstern was strangled and stabbed in her off-campus Valley
City apartment, in a building where she and Gibbs both lived.
It was Gibbs’ second trial. His first, held this past summer in Minot, ended because of a jury stalemate during deliberations.
Afterward, some jurors said there were disagreements among them about the strength of the prosecution’s DNA evidence
in the case.
Investigators found Gibbs’ DNA on the fingernails of Morgenstern’s left hand. During both of Gibbs’ trials, his attorneys
argued that Morgenstern could have picked up the genetic evidence by touching a surface after Gibbs touched it.
During Gibbs’ second trial in Bismarck, Michael Bourke, a forensic scientist in Connecticut’s Department of Public Safety,
provided the stout rebuttal of the defense’s “touch DNA” argument that the first trial lacked.
The amount of DNA on Morgenstern’s nails, he said, indicated that it came from “vigorous physical contact,” saying it could
happen if one person scratched another while playing football. Transferring that amount of genetic material by touching the
same surface was “absolutely not” possible, Bourke said
The “unsolved case,” which prosecutors brought up during testimony and closing arguments, refers to a 2004 rape charge,
for which Gibbs is scheduled to go on trial next month in Fargo.
Investigators had matched DNA from Morgenstern’s left-hand fingernails to a DNA sample taken from the alleged rape
victim. Investigators later found that Gibbs’ DNA matched both samples, which made him the primary suspect in the probe
into Morgenstern’s slaying.
Prosecutors are not usually allowed to tell jurors about other allegations against a criminal defendant. But Southeast District
Judge John Paulson allowed the “unsolved case” reference during testimony by Hope Olson, the director of North Dakota’s
crime laboratory, and it was included in a slide presentation shown to jurors during the prosecution’s closing argument.
Paulson denied a defense request for a mistrial.
Gibbs’ lawyers, Jeff Bredahl and Dennis Fisher, have not said whether they will appeal the jury’s guilty verdict. But Bredahl
asked that a gag order affecting attorneys and witnesses in the case be continued “for purpose of appellate issues,” and
requested a transcript of the trial, which is needed in a Supreme Court appeal.
The “unsolved case” reference, and whether it prejudiced jurors against Gibbs by providing an opening for speculation about
his other problems, is certain to be a key element of any appeal.
Jurors declined comment on the case after they handed up their verdict Friday, but one of the jury’s two alternates said
afterward that he considered the “unsolved case” language to be a reference to a sex crime.
It was DNA evidence and testimony from the unsolved case that helped investigators to identify Gibbs as a suspect in
Morgenstern’s death, said Jonathan Byers, an assistant attorney general who helped to prosecute Gibbs.
Gibbs “is nowhere in the picture,” Byers said during closing arguments, “until there’s a match with an unsolved case.”
See note below from first jury, saying they
were hopelessly deadlocked.
| This former juror from Gibbs' first trial speaks out. |
Jury in Second Trial Finds Moe Gibbs Guilty of Murder - November 16, 2007
The jury in Moe Gibbs' second trial deliberated 27 hours and brought back the verdict, immediately before the Thanksgiving break - Guilty! But was the jury tainted due to the
mention of "other charges" which referred to the Fargo rape? Were they in a hurry to reach a verdict due to the threat of being sequestered over the Thanksgiving break? Did
they consider all the evidence, or lack of it to come to a decision "beyond a reasonable doubt? Please read the following information, research the case, and come to your own
conclusions.
The jury in Moe Gibbs' second trial deliberated 27 hours and brought back the verdict, immediately before the Thanksgiving break - Guilty! But was the jury tainted due to the
mention of "other charges" which referred to the Fargo rape? Were they in a hurry to reach a verdict due to the threat of being sequestered over the Thanksgiving break? Did
they consider all the evidence, or lack of it to come to a decision "beyond a reasonable doubt? Please read the following information, research the case, and come to your own
conclusions.
Here is a transcript of the final afternoon of the Moe Gibbs trial, as posted by KXNet reporters |
| Nov 13 2007 4:00PM KXNet Blogs AFTERNOON SESSION - BREDAHL CONTINUES CLOSING ARGUMENTS Tape 8- (Jeff Bredhal / Defense attorney) The state's case started going down a slippery slope. Sayler and Rummel both testified before. Agent Rummel's testimony - I found five times they were inconsistent with what they've said before - gave different answers to first jury than what gave you. The most important part of this is when MM died? She died shortly before or after 12:30 p.m. 8- 3:10:17 Why would the state let their witness testify to something different under oath the second time around? Because it doesn't fit in the theory of the state. Because MG got a text from his wife at 12:33. Because MG didn't have the opportunity to do it. After the state set their theories they started backstepping right in front of you folks. You can accept it or reject it. If a witness testifies one way one day and another way infront of you. Is that justice? Inconsistent sworn testimony. 3:13:45 If you conclude that the witness has been impeached, then you give them the weight you think they deserve. They can't switch their testimony mid-stream to fit a theory. I have the questions I asked agent rummel: what caught your attention at crime scene? The knifes. 4 months ago you said the pine sol. Was it a hate crime? No. He testified MM died between 12:30 and 1:00, expanded the window - right in front of you. What is impeached? Made a statement that's inconsistent with previous testimony. Says stopped the investigation when Moe Gibbs was arrested. 3:20:03 Either way they are trapped… 3:20:48 Theories are not facts. Agent Rummel and Agent Sayler should be impeached they gave inconsistent testimony. 3:22:10 They'll do whatever they can to get a conviction. Not here, not there not any where. Impeachment. I just gave you five examples of how gave inconsistent statements. Dale Maixner says Gibbs gave a voluntary sample of DNA. His interview lasted 2 ½ hours. 20 times he said I didn't do it. He told them he didn't get the scratches until after murder. And again, misquoted Moe. Intentional misquoting. He was the one that said he couldn't find the guy who stalked Mindy? What about him, still looking for him? How about the guy who walked in with the bag? Never found out who that was. He had said he was 100% sure the killer was a left handed person. Now says 50% sure. State objects - jury is dismissed from the courtroom. State objects to defense putting in events not into evidence. Says the slide being shown to jurors has statements that weren't talked about in the trial. Judge over rules the objection. 8- 3:28;00 4 agents all testified inconsistent to what they previously testified under oath. We caught them and you can give them as much weight as they deserve. I struggle with the fact that here in ND this can happen. 3:29:09 if you know that 4 law enformcent agents knew of the existence of the video, until we put Dr. Edwards on the stand. They've been impeached. 8- 3:29:55 There's been no explanation of that hair in MM's hand. Please don't go back to the jury room and disregard that. That's circumstancial evidence staring you in the face. 8-3:30:57 The knife - male DNA, not Moe. The other knife- male DNA - not moe. Gloves - male DNA on the inside, outside - Not Moe. TAPE 9- 3:34:45 Why are the state's main witnesses testifying ? Because it doesn't fit into the state's theory. about don't put a stamp on approval significantly changing their testimony. I suggest to you to disregard any testimony that is different from what they testified previously. All the other witnesses, law enforcement and Hope Olson are impeached. Asked Rick Staub : 9- 3:38:00 Could there be innocent explanations of DNA found? What do you look for to know if it's coincidence or something worse? You have to know all the variables. And if they don't know the difference then how are you supposed to know? 9- 3:40:50 Other suspects: 300 leads. You can count how many DNA samples? 21. And they stopped their investigation there. The absence of motive.. Why was Ms. Morgenstern killed? There was money in the container, money in her purse - no money taken, no c.c. taken. This crime wasn't about money, it would've been gone. Greed? Car keys - car not taken, cellphone, there. jewelry wasn't taken. No evidence of property removed from her apartment. Drugs? Prescription drugs in room and kitchen, not taken. 3:42:55 We know it wasn't about greed, money or drugs. How about sex? No signs of sexual assault. Relationship gone bad? No sign of any relationship with Gibbs - computer turned inside out. 3:43:58 This crime involved rage, anger and it was personal and brutal and the pine sol was the exclamation mark because it was personal. Talk about Jordan Ranum. Current boyfriend but in feb. 2006 slowed down then picked up in Aug. 2006. About a month before her death she went out to Kuznia's. 5-6 times a day they would talk. They spoke one time - 10:45 and he went to bed, knowing they would go out that night. You can judge his 3:46:00 Jordan Ranum said if you know what is good for you you won't go. Jordan was mad Mindy met Rod Kuznia and he gave her $100. He admitted that when Kyle got engaged she went to his place and cryed for him back. He's the only other person who had a key to Mindy's apartment. He had a black belt. 9-3:49:40 - Go through the last instructions on Motive - the last part says the absence of motive is a circumstance that… Dr. Bourke said that DNA evidence can come off of items that are new - but that doesn't work for the scraping stick. I believe Marc Taylor said if the DNA came from a body fluid that it would have more DNA in it than what would come from the hand. 3:54:50 I want to talk about the verdict. Not guilty means the state failed to prove their case. There's only one verdict you can reach in this case. You are left with circumstancial evidence and it's not consistent you got stuff all over the place. You can guess and you can guess. You committed if there's a reasonable doubt there would be a not guilty verdict. You told us you would want to know the when, where, when and how. 3:57:00 IT's not our job it's there job to find out who's DNA is on the right hand, to find the people who put the fingerprints in her apartment and find the person who put the hair in her hand. All those items are circumstancial pieces of evidence. Don't compromise yourself when there's a doubt and don't compromise yourself to a guessing game. This isn't gambling because you have Moe Gibbs life in your hands. All the facts in this case and all the unanswered questions - 4 experts couldn't answer. What are you left with? So what? You are left with an identity with low quantity. 4:00:28 Dennis Fisher and I pass from our hands to your hands Mr. Gibbs life, please do justice. TAPE 10- Prosecution rebuts defenses arguments. You've heard a lot from attorneys, and that's what I want to talk about. You can not use what attorneys say as evidence. Bredahl refers to us as the home team. If you came here as jurors and thought we would all hold hands and find the truth together, you were wrong. The state is building a case - and as we build a case, the defense isn't going to sit back and let us build it. Like if we were building a house, they're the big bad wolf who want to blow it down. Lets take a look at what we've tried to prove to you beyond a reasonable doubt. You've been presented with evidence that Mindy had the defendants DNA on her fingernails. Not only a whole profile but the major contributor. You heard Dr. Bourke testify that he's only seen one other case with that happening and that was a sexual assault case where the victim scratched the perpetrator. We have clippings and scrapings that come from a reddish brown substance. It's presumptive for human blood. Again the defendants DNA in those scrapings 2 to 1 in those scrapings. DNA in a blood spot in Mindy's shirt. This was done on by an independent lab at the same time as we were doing the first trial. Here are some of the promises the defense made during opening statements - that the right hand clippings weren't tested, that the DNA experts won't have one answer for the questions he's going to ask them. He made the statement that people with bigger hands have more DNA. What else has the state proved: The defendant was at the apartment at the time of death. It looks like both were going back between 12:30-12:47. We know that from the testimony that Gibbs was at the apartment when Morgenstern was killed. We heard he had scratches when arrested. The defendant had a changing story of when he was in that apartment. We have shown that there is no logical explanation for the DNA found on other objects. The defendant's communication seizes at the same time Mindy's communication with the world seizes forever. 10-4:11 The defense would like you to believe that we some how picked out Moe Gibbs as the perpetrator in this case and then we built a case around that. First thing that happened is officers at the crime scene looked at the body and the way the crime scene appeared on what the crime lab should focus on first. Rummel told Olson if focus on something first focus on the left hand, and two spots on shirt. There is no indication Moe Gibbs is in the picture. 4:12:24 The second thing that happens is Hope Olson takes the… (Bredahl) Can we approach your honor? Jury is dismissed. (Bredahl) state just put on slide that Gibbs DNA found in unsolved case, judge that violates your order. The reference was made - have to ask for a mistrial. They can't talk about it that way. (Byers) I was very careful in what put on that block as to what Hope Olson refered to. The court allowed her to say the DNA was a match to an unsolved case. (Judge) Okay, thank you. The request for a mistrial is denied. The court remembers the testimony as a match from an unsolved case. So the court will not give any cautionary instruction on that. (Byers) A few of the exhibits - Hope Olson testified that when she put the profile into the case it matched an unsolved case. (4:14:00) When this happened Moe Gibbs wasn't in the picture, not a suspect. Then she told law enforcement to look for someone with scratches. Law enforcement went to get samples of DNA - 21 samples. At that point, is the first time Moe Gibbs entered the picture. His DNA matched the reddish brown sample from the scrapings. At that point we know nothing about his whereabouts, computer history. (4:15:30) He's then examined, and scratches are found. It was at that point when law enforcement found out he had been in Mindy's apartment days before. There were various inconsistencies in Gibbs stories - how long in apartment building. A blood spot is tested and Moe Gibbs can't be excluded. 4:17:58 After the first trial because there was issues raised over what the substance was. So Hope Olson tested it and it was positive for blood. 4:18:40 Then the records started coming in as to his text messaging and computer activity, his electronic activity with the world. We find out in the end that his electronic records, that his contact with the world stops at the same time when Mindy's contact stopped. That's the chronological order. Through events we found out it was his DNA, he had been in her apartment before, that he stopped contact with the world at the same time as Mindy stopped communicating. The defense didn't bring up the recall of the DNA software. If there was a problem with the quantity of DNA entered into the computer, there are standards and controls that will tell the analyst something is wrong. The other thing defense council didn't do, look at 44 B. Is the YSTR testing that Orchid Cellmark did. You'll see a discussion of the YSTR used to test male DNA. The ND state lab does not use the YSTR testing. 4:22:56 Another thing that would happen as far as quantity, is when they would get to testify - Bredahl would walk up to them with the lab reports and ask them if there are low amounts of DNA. But that's not the whole story. They weren't asked the question is 30.8 nanograms the state lab found a low amount? This amount of DNA either came from a crime or from vigorous contact. 10- 4:27:00 Remember the testimony - that the DNA is not just low levels and that even their own DNA expert says the likelihood that it would be around very long is not likely. Another study about foreign DNA under fingernails. In 200 cases studied - only 10 of 200 was there cases where the victim wasn't the major contributor. And in those cases the ratio was of 20 to 1 foreign subject. Here we have 3 to 1 ratio Moe Gibbs to Mindy's DNA. TAPE 11 Evidence #43 - The defense wants you to believe the right hand clippings were never tested. You'll see right at top of page, item 25, it says they were tested. Based on profile obtained is a partial profile and is inconclusive. This shows it was tested. 4:33:29 There were some comments in defense closing arguments that MG was consistent in his 2 ½ hours statement to law enforcement, I'll leave it up to you. 4:34:10 There's been a lot of critism of law enforcement and crime lab in this case. Opportunity, Gibbs was at apartment, contemporaneous scratches. Changing story of going into apartment, and scratches. Communication with the world, Mindy's communication ends. This is what defense would like you to believe in regards to all the evidence. That the DNA kit caused problems with the DNA. There's another explanation of the presence of DNA. He asked them if there's a reasonable explanations? You have to read through the rebuttal of the witness. The police and crime lab are part of the "home team." 4:37:10 I reject that law enforcement will go out an manufacture a case. 300 leads in this case, and defense is critical because it's there job. The defense is asking you to believe the gap in communication is coincidence. Agent Tim Erickson looked at that computer activity and says that activity occurred at 2:07 p.m. versus defenses witness that said it happened at 1:07 p.m. 9/13/06. When you look at myspace records are pacific time zone and when they are put on the timelines they are put on in central time zones. 11-4:39:23 The scratches are coincidence and have a reasonable explanation. You are lead to believe by an expert witness that the morning of the 15th. You heard him say he couldn't see anything on his bicep. You heard another witness say there was a big bulldog tattoo Contradictory stories about when got the scratches. Gibbs statement, wife Chrissy's statement and sister in law. 11-4:42:00 You can look at that video and see if it has any value to you? If you can't see a big bulldog tattoo how can he see the big gouge on his hand. We don't even know what clothes he was for sure wearing. We don't know what Moe Gibbs did to cover up his scratch. 4:44:21 you are asked to believe the state has asked you to ignore who's the real killer in this case. That the people we've trotted in are responsible. When we came up with an alibi for someone then the focus shifts to another person - maybe they're the phantom killer. 4:45:50 No body knew to look at scratches on Moe Gibbs until the 20th, when Moe Gibbs was interviewed and the profile matched. 4:46:45 Why didn't the state test the baskets, again the state didn't know about the baskets until a week later - and you heard how DNA disintegrates. 4:47:37 The fact is at the preliminary hearing in October 2006 to say that everything has to be set in stone at that point, there's still evidence that came out in June 2007. Here's an example with Agent Rummel. What first caught your attention and what seemed weird are two different questions and to say he was lying is a stress. 4:49:22 Listen to the witnesses yourself and what they testified themselves. When you do that you should reach a conclusions. iT was Moe Gibbs, he murdered MM at 9/13/06 at her apartment in VC ND. We can't provide you information on why. On the motive instruction - a motive is often valuable but never We know whatever MG intended when he went there for, it went bad. Mindy reacted badly, she said something that set him off and whatever he went there for he wasn't going to go through with that motive. We can't provide you with what we think. MG did kill MM. Whoever committed this crime, he knew he was killing her when he strangled her and cut her throat with a knife. All those things answer the question was this a coincidence or something else? Your job is to go back and say it was something else. Your job is to go back to the jury room and find Moe Gibbs guilty of Murder. CLOSING ARGUMENTS WRAP UP AT 3:35 P.M. JURY IS REDUCED FROM 14 TO 12 - TWO MEN ARE RELEASED AS ALTERNATES. |
Demographics - Barnes County North Dakota Based on 2000 Census Records 11,529 White - 97.9% 53 Black - .5% |
Moe's Story - As provded by his sister
Mindy Morgenstern, a 22 year old college student was found dead in her apartment shortly before 8:59 p.m. on September 13, 2006
by friends who had been looking for her to join them at a previously scheduled event. She was lying about eight feet from the door,
her purse still slung over her right shoulder. Morgenstern died from a combination of strangulation with a cloth belt and wounds to her
neck inflicted by two knives, one of which was still in her neck, the other lay close by her body. Pine-Sol had been poured on the
lower part of her face.
Moe Gibbs lived downstairs from Mindy Morgenstern in the same apartment building, with his wife and 14 month old daughter. He
was questioned on three occasions and given a polygraph test, which he passed. A DNA sample was taken and returned as a
match of 28 nanograms of DNA found under her left fingernail and he was arrested. This sounds like an open and shut case, right?
After nine months of Gibbs in jail, and no forensic testing having been completed, the defense requested the judge force the
prosecution to turn the evidence over to an independent lab. A Texas lab found DNA from two unknown males (neither of which was
Moe) under her right fingernails, on BOTH knives and in a pair of gloves. A blond hair found in her left hand is still pending but is
obviously not Gibbs' who is African American and bald. There was no sexual assault or robbery involved. No blood, hair, or other
trace evidence was found in Gibbs' car, apartment, clothes, shoes, sinks or drains. Gibbs helped Morgenstern carry laundry baskets
to her apartment a day or so prior to her death, but otherwise never had contact with her. There was no apparent motive, but the
investigation ended with Gibbs' arrest.
In June of 2007 Moe's first trial ended in a hung jury, showing that the jurors did have definite doubt about him being the murderer.
His new trial is underway now. Moe's family and the defense team have received death threats and their vehicles vandalized. The
radio stations have aired negative and racial comments such as "hang that nigger in the parking lot," and asking for "vigilante
justice." So the new trial had to be moved again...this time to Bismarck.
Here is a list of just a few items brought out at the first trial, which ended in a hung jury:
1. Innocent until proven Guilty? Moe's DNA sample was taken, 24 hours later a match came up on the HEDIS system, and he
was arrested. A press conference was given where the Sheriff stated, "we are glad we got the monster off the streets" and that the
"case was solved". At this point, none of the other items collected for forensics was tested after the initial North Dakota crime lab
returned with the match. This includes testing the knife handles, the bottle of pine-sol, and the hair found in her hand. (Moe is bald).
2. After his arrest, the investigation into leads ended. This was admitted in Moe's taped interview and during the pre-trial and trial.
They made statements such as, the investigation was over, we got our guy already, and, "we didn't need to, Moe Gibbs killed her".
3. The crime lab technician called the prosecutor and told him to look for a guy with scratches. There was no evidence of skin cells in
any of the DNA samples. This was an assumption that mislead the investigators. She also admitted on the witness stand that she
was an advocate for the State and that they work closely with the prosecution team.
4. The defense and prosecution agreed on an independent lab to complete DNA testing in Texas. The Texas lab found DNA from
other individuals that the North Dakota lab hadn't found.
5. DNA from a mixture of two males, neither being Moe's was found in the fingernail scrapings of the right hand. The same two
males' DNA was recovered from BOTH knives and on the inside of a pair of rubber gloves found at the crime scene.
6. The hair in Mindy's left hand as well as the other hairs found on her body were collected, but never sent for DNA testing until the
defense pressed the issue and agreed to send items to an independent lab in Texas.
7. The belt around Mindy's neck, which the killer had to have had great tension on the ends of, was never sent to the lab for testing.
8. Mindy had made a police report a week prior to her death about a strange man who she felt was attempting to attack her. He
stopped to ask her for directions, then got out of his car and proceeded to come up to her very quickly with both hands extended out
towards her neck. She contacted police.
9. This was a crime of passion, not a stranger crime. The prosecution even admitted and began their opening statement in the first
trial verifying Mindy and Moe had no ties to each other. She was not raped. She was not robbed. "And we may never find out what
the motive was".
10. Two men were seen running from Mindy's apartment building in a suspicious manner by a delivery driver around the time the
prosecution believed she was killed. They jumped into a brown car. This lead was never followed up on, investigators admitted.
11. In July of 2006, only 2 months prior to Mindy's death, ANOTHER young ethnic-looking female was found hanging in her dorm
room on the same campus. She too, although she was Hispanic, White, and Native American, had medium brown skin and dark hair
and appeared to be a mixed race Black girl. ONE DAY prior to her death, she filed a police report about an older man she thought
was stalking her.
12. Pine Sol was poured over the murder victim's face. Yet no one ever mentions noticing the smell of Pine Sol on Moe that day, or
in his apartment, where it was sure to have been if he had been around it. Only a small drop of Pine Sol can stick on a person or
their clothing for DAYS.
13. The North Dakota state crime lab was overcrowded which makes one wonder if DNA samples could be processed correctly,
according to this article, as well as the video listed below about Anita Knutson. They have to cut mouse pads in HALF as that's
how crowded they are?
14. Just this past June, while Moe was sitting in jail waiting for his first trial to begin, a third young college girl (Anita Knutson) was
murdered in her apartment in Minot. (Watch news video here.) She was killed with a knife, many details were not released. This
murder is still unsolved, with no suspects. All three of these young ladies were ethnic, about 5"1 to 5"2, 105 pounds or so. Side by
side pictures are very difficult to tell apart. They all look very similar.
15. After Moe was arrested, two weeks after the murder was committed, the investigators decided to Luminol the crime scene. They
admitted on the witness stand of the first trial that they had never used it before and had to read the directions on the bottle to
figure out how. After using Luminol in the apartment hallways, down to Moe's apartment, through his apartment as well as his
in-laws home, they were unable to find any trace of blood tying him to Mindy's murder. The kitchen and bathroom sink drains were
removed form Moe's and his in-laws place. No blood, no hair linking him. They removed all the clothes and shoe items that belonged
to Moe in both places, still no blood, no hair. They stripped his SUV vehicle, used Luminol and searched, still no blood, no hair. There
have also been several sets of fingerprints found that do not match Moe, and do not belong to Mindy.
Moe has been in county jail for over a year for 28 nanograms of DNA found in the scrapings of her fingernails. 1 nanogram is equal to
one billionth of a gram. This is also referred to as "touch DNA" where you can pick up tiny amounts of another person's DNA from
touching what they have touched. Mindy lived in the SAME APARTMENT BUILDING as Moe, of course they touched the same
doors, same walls, same handrails.
Moe has an alibi that testified in the trial on his behalf that he was on the phone texting and bringing his wife a drink to her job at the
time the murder was committed. There has been no other link from Moe to Mindy or Mindy to Moe found during this investigation.
There was other DNA found on her person, hair clutched in her hand, other DNA profiles of unknown male under her other fingernails,
other male DNA profiles found on the murder weapons, other people who should have been more closely looked at as suspects who
actually had motives.
Mindy Morgenstern, a 22 year old college student was found dead in her apartment shortly before 8:59 p.m. on September 13, 2006
by friends who had been looking for her to join them at a previously scheduled event. She was lying about eight feet from the door,
her purse still slung over her right shoulder. Morgenstern died from a combination of strangulation with a cloth belt and wounds to her
neck inflicted by two knives, one of which was still in her neck, the other lay close by her body. Pine-Sol had been poured on the
lower part of her face.
Moe Gibbs lived downstairs from Mindy Morgenstern in the same apartment building, with his wife and 14 month old daughter. He
was questioned on three occasions and given a polygraph test, which he passed. A DNA sample was taken and returned as a
match of 28 nanograms of DNA found under her left fingernail and he was arrested. This sounds like an open and shut case, right?
After nine months of Gibbs in jail, and no forensic testing having been completed, the defense requested the judge force the
prosecution to turn the evidence over to an independent lab. A Texas lab found DNA from two unknown males (neither of which was
Moe) under her right fingernails, on BOTH knives and in a pair of gloves. A blond hair found in her left hand is still pending but is
obviously not Gibbs' who is African American and bald. There was no sexual assault or robbery involved. No blood, hair, or other
trace evidence was found in Gibbs' car, apartment, clothes, shoes, sinks or drains. Gibbs helped Morgenstern carry laundry baskets
to her apartment a day or so prior to her death, but otherwise never had contact with her. There was no apparent motive, but the
investigation ended with Gibbs' arrest.
In June of 2007 Moe's first trial ended in a hung jury, showing that the jurors did have definite doubt about him being the murderer.
His new trial is underway now. Moe's family and the defense team have received death threats and their vehicles vandalized. The
radio stations have aired negative and racial comments such as "hang that nigger in the parking lot," and asking for "vigilante
justice." So the new trial had to be moved again...this time to Bismarck.
Here is a list of just a few items brought out at the first trial, which ended in a hung jury:
1. Innocent until proven Guilty? Moe's DNA sample was taken, 24 hours later a match came up on the HEDIS system, and he
was arrested. A press conference was given where the Sheriff stated, "we are glad we got the monster off the streets" and that the
"case was solved". At this point, none of the other items collected for forensics was tested after the initial North Dakota crime lab
returned with the match. This includes testing the knife handles, the bottle of pine-sol, and the hair found in her hand. (Moe is bald).
2. After his arrest, the investigation into leads ended. This was admitted in Moe's taped interview and during the pre-trial and trial.
They made statements such as, the investigation was over, we got our guy already, and, "we didn't need to, Moe Gibbs killed her".
3. The crime lab technician called the prosecutor and told him to look for a guy with scratches. There was no evidence of skin cells in
any of the DNA samples. This was an assumption that mislead the investigators. She also admitted on the witness stand that she
was an advocate for the State and that they work closely with the prosecution team.
4. The defense and prosecution agreed on an independent lab to complete DNA testing in Texas. The Texas lab found DNA from
other individuals that the North Dakota lab hadn't found.
5. DNA from a mixture of two males, neither being Moe's was found in the fingernail scrapings of the right hand. The same two
males' DNA was recovered from BOTH knives and on the inside of a pair of rubber gloves found at the crime scene.
6. The hair in Mindy's left hand as well as the other hairs found on her body were collected, but never sent for DNA testing until the
defense pressed the issue and agreed to send items to an independent lab in Texas.
7. The belt around Mindy's neck, which the killer had to have had great tension on the ends of, was never sent to the lab for testing.
8. Mindy had made a police report a week prior to her death about a strange man who she felt was attempting to attack her. He
stopped to ask her for directions, then got out of his car and proceeded to come up to her very quickly with both hands extended out
towards her neck. She contacted police.
9. This was a crime of passion, not a stranger crime. The prosecution even admitted and began their opening statement in the first
trial verifying Mindy and Moe had no ties to each other. She was not raped. She was not robbed. "And we may never find out what
the motive was".
10. Two men were seen running from Mindy's apartment building in a suspicious manner by a delivery driver around the time the
prosecution believed she was killed. They jumped into a brown car. This lead was never followed up on, investigators admitted.
11. In July of 2006, only 2 months prior to Mindy's death, ANOTHER young ethnic-looking female was found hanging in her dorm
room on the same campus. She too, although she was Hispanic, White, and Native American, had medium brown skin and dark hair
and appeared to be a mixed race Black girl. ONE DAY prior to her death, she filed a police report about an older man she thought
was stalking her.
12. Pine Sol was poured over the murder victim's face. Yet no one ever mentions noticing the smell of Pine Sol on Moe that day, or
in his apartment, where it was sure to have been if he had been around it. Only a small drop of Pine Sol can stick on a person or
their clothing for DAYS.
13. The North Dakota state crime lab was overcrowded which makes one wonder if DNA samples could be processed correctly,
according to this article, as well as the video listed below about Anita Knutson. They have to cut mouse pads in HALF as that's
how crowded they are?
14. Just this past June, while Moe was sitting in jail waiting for his first trial to begin, a third young college girl (Anita Knutson) was
murdered in her apartment in Minot. (Watch news video here.) She was killed with a knife, many details were not released. This
murder is still unsolved, with no suspects. All three of these young ladies were ethnic, about 5"1 to 5"2, 105 pounds or so. Side by
side pictures are very difficult to tell apart. They all look very similar.
15. After Moe was arrested, two weeks after the murder was committed, the investigators decided to Luminol the crime scene. They
admitted on the witness stand of the first trial that they had never used it before and had to read the directions on the bottle to
figure out how. After using Luminol in the apartment hallways, down to Moe's apartment, through his apartment as well as his
in-laws home, they were unable to find any trace of blood tying him to Mindy's murder. The kitchen and bathroom sink drains were
removed form Moe's and his in-laws place. No blood, no hair linking him. They removed all the clothes and shoe items that belonged
to Moe in both places, still no blood, no hair. They stripped his SUV vehicle, used Luminol and searched, still no blood, no hair. There
have also been several sets of fingerprints found that do not match Moe, and do not belong to Mindy.
Moe has been in county jail for over a year for 28 nanograms of DNA found in the scrapings of her fingernails. 1 nanogram is equal to
one billionth of a gram. This is also referred to as "touch DNA" where you can pick up tiny amounts of another person's DNA from
touching what they have touched. Mindy lived in the SAME APARTMENT BUILDING as Moe, of course they touched the same
doors, same walls, same handrails.
Moe has an alibi that testified in the trial on his behalf that he was on the phone texting and bringing his wife a drink to her job at the
time the murder was committed. There has been no other link from Moe to Mindy or Mindy to Moe found during this investigation.
There was other DNA found on her person, hair clutched in her hand, other DNA profiles of unknown male under her other fingernails,
other male DNA profiles found on the murder weapons, other people who should have been more closely looked at as suspects who
actually had motives.
A horrible killing took place in Valley City, North Dakota, on September 13, 2006. Mindy Morgenstern was found dead in her apartment, victim of a brutal, hateful strangling and
stabbing. The killer was so violent, he even threw Pine Sol in her face. Was Moe Gibbs the killer and is the killer now behind bars...or is Moe Gibbs a convenient scapegoat, and
the REAL KILLER still out there, free to kill again? Gibbs' first trial, in July 2007 ended in a hung jury. The second ended in November 2007 with a guilty verdict. Which jury was
right?
stabbing. The killer was so violent, he even threw Pine Sol in her face. Was Moe Gibbs the killer and is the killer now behind bars...or is Moe Gibbs a convenient scapegoat, and
the REAL KILLER still out there, free to kill again? Gibbs' first trial, in July 2007 ended in a hung jury. The second ended in November 2007 with a guilty verdict. Which jury was
right?
BEYOND A REASONABLE DOUBT?
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