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A popular and
fun-loving college student.
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00:00:05,483 --> 00:00:08,312
Mindy was a very
bubbly person.
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00:00:08,356 --> 00:00:10,314
She always seemed to be happy.
4
00:00:10,358 --> 00:00:14,753
She had a light in her eyes,
and she accepted everyone.
5
00:00:14,797 --> 00:00:19,323
Is found savagely
murdered in her apartment.
6
00:00:19,367 --> 00:00:21,064
There was a belt
wrapped around her neck,
7
00:00:21,108 --> 00:00:23,762
and appeared to be
a broken off-knife
8
00:00:23,806 --> 00:00:25,634
still stuck in her throat.
9
00:00:25,677 --> 00:00:27,418
Police
need to determine,
10
00:00:27,462 --> 00:00:29,594
was this a sinister obsession?
11
00:00:35,339 --> 00:00:38,690
He had called and
left numerous messages
12
00:00:38,734 --> 00:00:40,649
on her cell phone.
13
00:00:40,692 --> 00:00:44,218
Just really a strange
type of relationship.
14
00:00:44,261 --> 00:00:46,394
A crucial
piece of evidence.
15
00:00:46,437 --> 00:00:48,787
There was some material
under the fingernails
16
00:00:48,831 --> 00:00:50,398
of her left hand.
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00:00:54,750 --> 00:00:57,361
Shines a light
on a dangerous predator
18
00:00:57,405 --> 00:00:59,363
no one saw coming.
19
00:00:59,407 --> 00:01:02,192
I was very shocked,
I think everybody was.
20
00:01:02,236 --> 00:01:05,065
He was not the man
we thought he was.
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00:01:05,108 --> 00:01:08,546
I don't think I would ever
expect that outcome at all.
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I remember trying to
call Mindy a few times,
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and she wasn't answering,
24
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so me and my friend Danielle
drove, and parked in front
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of her apartment
across the street.
26
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I ran inside, and
knocked on the door,
27
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and there was no answer,
but it wasn't locked,
28
00:01:56,377 --> 00:01:58,640
and so I opened the
door and I stepped in,
29
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and about two steps in, I
saw something on the ground,
30
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right in front of my feet.
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It was Mindy,
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00:02:10,347 --> 00:02:12,523
and then I noticed
something around her neck.
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Horrified,
Mindy's friend rushes outside
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00:02:15,831 --> 00:02:17,311
to call 9 1 1.
35
00:02:20,270 --> 00:02:22,359
About 10 minutes
before 9:00 that night,
36
00:02:22,403 --> 00:02:24,231
dispatch called me at my house,
37
00:02:24,274 --> 00:02:28,409
and said that they got a
hysterical caller on the phone.
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I got the address, and it
was one block from my house.
39
00:02:32,326 --> 00:02:35,155
When I have arrived,
both Danielle
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00:02:35,198 --> 00:02:39,289
and Toni were very
distraught, very upset.
41
00:02:41,552 --> 00:02:45,208
The apartment was
located on the second floor
42
00:02:45,252 --> 00:02:46,253
of the building.
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00:02:47,863 --> 00:02:50,735
As I entered, I could
smell a very strong order,
44
00:02:50,779 --> 00:02:53,782
like an ammonia disinfectant.
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The body of the victim was
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laying across the entry hallway.
47
00:03:01,224 --> 00:03:04,706
And it appeared her throat
had been half cut open.
48
00:03:06,534 --> 00:03:07,926
Detectives
begin their investigation,
49
00:03:07,970 --> 00:03:09,841
and identify the victim
50
00:03:09,885 --> 00:03:14,672
as 22-year-old college
senior, Mindy Morgenstern.
51
00:03:14,716 --> 00:03:16,326
I knew Mindy.
52
00:03:16,370 --> 00:03:18,502
She was a student
at the college.
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00:03:18,546 --> 00:03:20,504
I had seen her at a
lot of their events,
54
00:03:20,548 --> 00:03:23,333
and to see that it was her,
55
00:03:23,377 --> 00:03:27,337
I was really surprised,
and quite shocked.
56
00:03:28,817 --> 00:03:30,601
There was a belt
wrapped around her neck,
57
00:03:30,645 --> 00:03:32,473
and appeared to be a
58
00:03:32,516 --> 00:03:35,476
broken off knife, still
stuck in her throat.
59
00:03:37,304 --> 00:03:39,871
It appeared that the belt
was applied to the neck
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00:03:39,915 --> 00:03:42,787
prior to the neck being cut.
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00:03:42,831 --> 00:03:44,876
Investigators
find an empty bottle
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00:03:44,920 --> 00:03:47,749
of disinfectant beside the body.
63
00:03:47,792 --> 00:03:51,579
Somebody had poured the
disinfectant over her body,
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00:03:51,622 --> 00:03:55,887
possibly trying to destroy
any type of evidence.
65
00:03:58,325 --> 00:04:00,544
The killer
tried to cover their tracks,
66
00:04:00,588 --> 00:04:04,287
but investigators find
something they missed.
67
00:04:04,331 --> 00:04:07,595
There was some material
under the fingernails
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00:04:07,638 --> 00:04:10,293
of her left hand,
where possibly,
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00:04:10,337 --> 00:04:13,383
Mindy had scratched
her assailant.
70
00:04:13,427 --> 00:04:18,388
We felt that this was gonna
be a DNA forensic type case,
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00:04:18,432 --> 00:04:20,738
based on the materials
that were found
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00:04:20,782 --> 00:04:22,827
under Mindy's fingernails.
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00:04:22,871 --> 00:04:26,962
And to preserve that,
the hands are placed
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00:04:27,005 --> 00:04:28,964
in bags for autopsy.
75
00:04:30,792 --> 00:04:34,578
She had a purse
around her right arm.
76
00:04:34,622 --> 00:04:38,321
Her wallet was laying
just outside of the purse.
77
00:04:38,365 --> 00:04:40,628
It didn't appear that
they'd been gone through,
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00:04:40,671 --> 00:04:43,021
or anything removed from them.
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00:04:43,065 --> 00:04:45,807
There was clean
laundry around the body
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in a laundry basket.
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00:04:47,591 --> 00:04:50,377
It almost appeared as
if she was attacked
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00:04:50,420 --> 00:04:52,770
as she was going in the
door with that laundry.
83
00:04:54,642 --> 00:04:57,949
It did not look like the
apartment had been ransacked,
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00:04:57,993 --> 00:05:02,345
or gone through, so it didn't
appear that theft was a motive
85
00:05:02,389 --> 00:05:03,955
in this killing.
86
00:05:03,999 --> 00:05:06,784
There was no sign of any
forced entry into the apartment.
87
00:05:06,828 --> 00:05:09,700
It told us that the person
was either in her apartment,
88
00:05:09,744 --> 00:05:11,311
or followed her in.
89
00:05:13,487 --> 00:05:18,405
Her cell phone was located,
and the first missed call
90
00:05:18,448 --> 00:05:22,409
on that phone was at 12:47 PM
91
00:05:22,452 --> 00:05:24,802
on September 13th.
92
00:05:24,846 --> 00:05:26,630
That gave us some indication
93
00:05:26,674 --> 00:05:29,938
as to what time the
attack may have occurred.
94
00:05:31,635 --> 00:05:34,334
By 10:00
PM, more than nine hours
95
00:05:34,377 --> 00:05:36,379
after the first missed call,
96
00:05:36,423 --> 00:05:38,860
detectives have little
to go on as they work
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00:05:38,903 --> 00:05:40,688
into the night at
the crime scene.
98
00:05:42,516 --> 00:05:45,519
When we first left the
scene the following morning,
99
00:05:45,562 --> 00:05:50,001
we had no clear indication
of who may have done this.
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00:05:54,658 --> 00:05:56,399
Police
reach Mindy's sister
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00:05:56,443 --> 00:05:58,358
to inform her of the murder,
102
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and she delivers the
tragic news to her parents.
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Front doorbell rang,
and I said, "Who's there?"
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00:06:05,930 --> 00:06:08,455
And Rebecca, our daughter,
she said, "It's me, Dad.
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I've got some bad news."
106
00:06:12,676 --> 00:06:15,853
And then Rebecca
said to me that,
107
00:06:15,897 --> 00:06:18,378
"Mom, Mindy is dead."
108
00:06:19,814 --> 00:06:21,816
It was just like
somebody taking a knife,
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00:06:21,859 --> 00:06:24,732
and just sticking it
right into your heart.
110
00:06:26,560 --> 00:06:30,520
I just wanted to try to just
say, "No, this isn't real.
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This didn't happen."
112
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I didn't want it to be true.
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She had such a
loving, loving heart,
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00:06:37,919 --> 00:06:39,790
and I loved her very much.
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Born in Bogota,
Colombia on April 29th, 1984,
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Mindy was adopted as a baby
by Valley City farmers,
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00:06:50,801 --> 00:06:52,934
Larry and Eunice Morgenstern.
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00:06:54,762 --> 00:06:57,939
The first time I saw Mindy,
she had the biggest, darkest,
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00:06:57,982 --> 00:07:01,986
most beautiful eyes
that I had ever seen.
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00:07:02,030 --> 00:07:05,468
It was pretty, pretty, very
amazing to see this little,
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00:07:05,512 --> 00:07:07,818
little character in a
basket that she brought home
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00:07:07,862 --> 00:07:09,733
to be part of our family.
123
00:07:12,519 --> 00:07:13,650
Mindy
was the youngest
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00:07:13,694 --> 00:07:15,652
of four Morgenstern children,
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00:07:15,696 --> 00:07:19,134
three of them adopted
by Larry and Eunice.
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00:07:19,177 --> 00:07:22,920
Mindy was very much a
tomboy, and as she grew up,
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00:07:22,964 --> 00:07:25,140
she got so beautiful.
128
00:07:25,183 --> 00:07:28,578
She didn't really realize
that she would be looked upon
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00:07:28,622 --> 00:07:32,930
as somebody that would
turn boys' heads.
130
00:07:34,497 --> 00:07:36,630
After high
school, Mindy moved
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00:07:36,673 --> 00:07:41,025
to Valley City, and dove
headlong into college life.
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00:07:41,069 --> 00:07:43,898
She just seemed to
enjoy all the friends
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00:07:43,941 --> 00:07:45,769
that she had there.
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00:07:45,813 --> 00:07:50,687
Mindy was a very friendly,
outgoing, bubbly person.
135
00:07:52,036 --> 00:07:53,864
She just always
seemed to be happy.
136
00:07:53,908 --> 00:07:57,912
She had a light in her eyes,
and she accepted everyone.
137
00:07:57,955 --> 00:08:00,523
Mindy's
future was looking bright,
138
00:08:00,567 --> 00:08:04,266
until the stunning attack that
cut her down in her prime.
139
00:08:05,180 --> 00:08:08,749
It was very difficult
140
00:08:08,792 --> 00:08:10,881
to see Mindy's body
141
00:08:10,925 --> 00:08:15,059
in the condition that it
was in when we found her.
142
00:08:15,103 --> 00:08:17,061
I wanted to find
out who did this,
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00:08:17,105 --> 00:08:20,674
because she was loved by a lot
of people in our community.
144
00:08:22,545 --> 00:08:23,981
Back
at the crime scene,
145
00:08:24,025 --> 00:08:26,854
Mindy's two friends tell
detectives they weren't
146
00:08:26,897 --> 00:08:29,813
the only ones to
see Mindy's body.
147
00:08:32,033 --> 00:08:36,516
When Toni found Mindy at
the scene, she screamed,
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00:08:36,559 --> 00:08:39,867
which alerted a man in
a neighboring apartment
149
00:08:39,910 --> 00:08:43,697
to come out to see
what was wrong.
150
00:08:45,568 --> 00:08:49,572
He was there when I first
entered the apartment complex,
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00:08:49,616 --> 00:08:53,620
and they showed me
where Mindy was located.
152
00:08:53,663 --> 00:08:56,536
He told investigators
that he checked for pulse,
153
00:08:56,579 --> 00:09:01,062
using the back of his hand,
to not leave any fingerprints
154
00:09:01,105 --> 00:09:02,106
on the victim.
155
00:09:03,934 --> 00:09:08,635
It was a little odd, because
people don't describe things
156
00:09:10,071 --> 00:09:12,073
like that, like using
the back of their hand
157
00:09:12,116 --> 00:09:13,944
so they don't leave
fingerprints, and
things like that.
158
00:09:13,988 --> 00:09:15,816
If he was there to help,
I couldn't understand
159
00:09:15,859 --> 00:09:17,992
why he'd be worried about
something like that.
160
00:09:19,907 --> 00:09:22,692
Police identify
the man as Robert Lynds,
161
00:09:22,736 --> 00:09:26,043
and soon notice a
telling detail about him.
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00:09:26,087 --> 00:09:29,090
He had scratches on his
hands that would correspond
163
00:09:29,133 --> 00:09:32,572
to someone trying to get
your hands off of them
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00:09:32,615 --> 00:09:34,095
when they were being attacked.
165
00:09:35,618 --> 00:09:36,750
Had
Mindy scratched Robert
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00:09:36,793 --> 00:09:38,795
as she fought for her life?
167
00:09:38,839 --> 00:09:40,841
Robert Lynds having
those scratches,
168
00:09:40,884 --> 00:09:42,582
being in the same building,
169
00:09:42,625 --> 00:09:45,846
he certainly needed
to be looked at.
170
00:09:47,804 --> 00:09:51,068
A lot of times, a person at
the crime scene is the person
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00:09:51,112 --> 00:09:52,809
that committed the crime,
172
00:09:52,853 --> 00:09:54,942
and any evidence
of them is found,
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00:09:56,378 --> 00:09:58,598
they have an excuse for
saying why it was there.
174
00:10:02,297 --> 00:10:03,907
Coming up,
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00:10:03,951 --> 00:10:06,649
detectives uncover
a world of secrets.
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00:10:15,092 --> 00:10:17,268
It turned out upon
checking his background,
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00:10:17,312 --> 00:10:19,836
that he had a felony record.
178
00:10:19,880 --> 00:10:22,056
And as they
zero in on a killer.
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00:10:22,099 --> 00:10:24,362
I was absolutely certain
we had the right guy.
180
00:10:24,406 --> 00:10:28,671
A stunning setback
turns the case on its head.
181
00:10:28,715 --> 00:10:31,848
I just thought it's
all over with now.
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00:10:31,892 --> 00:10:33,284
They're gonna let him go.
183
00:10:33,328 --> 00:10:35,939
This case was a
shock to everybody.
184
00:10:35,983 --> 00:10:39,377
When we found out
who the person was,
185
00:10:39,421 --> 00:10:42,032
it was just, wow.
186
00:10:52,782 --> 00:10:54,610
Police,
investigating the murder
187
00:10:54,654 --> 00:10:58,658
of 22-year-old college
student Mindy Morgenstern
188
00:10:58,701 --> 00:11:01,443
have just identified
their first suspect,
189
00:11:01,486 --> 00:11:04,272
her neighbor, Robert Lynds.
190
00:11:05,752 --> 00:11:07,797
When officers
met Robert Lynds,
191
00:11:07,841 --> 00:11:10,713
they noticed some
scratches on his hands.
192
00:11:10,757 --> 00:11:14,282
And he also used
the back of his hand
193
00:11:14,325 --> 00:11:17,677
to see if she was
deceased or not.
194
00:11:19,504 --> 00:11:21,855
His concern was he didn't
want to leave any fingerprints
195
00:11:21,898 --> 00:11:24,205
or DNA in the apartment,
196
00:11:24,248 --> 00:11:27,469
because he had nothing
to do with the incident.
197
00:11:29,340 --> 00:11:32,343
Suspicions aroused,
police bring Robert Lynds
198
00:11:32,387 --> 00:11:34,389
into the station
for an interview.
199
00:11:38,828 --> 00:11:41,222
All he knew about her is
that she was a pretty girl,
200
00:11:41,265 --> 00:11:43,224
and that she lived in
the apartment building.
201
00:11:44,878 --> 00:11:46,749
When investigators
dig into Robert's history,
202
00:11:46,793 --> 00:11:49,317
they find something troubling.
203
00:11:49,360 --> 00:11:52,320
It turned out upon
checking his background
204
00:11:52,363 --> 00:11:54,670
that he had a felony record.
205
00:12:03,940 --> 00:12:07,161
Robert Lynds was in
the criminal system
out in California.
206
00:12:07,204 --> 00:12:10,251
He's street smart, and
he knew not to leave
207
00:12:10,294 --> 00:12:11,818
fingerprints at a crime scene.
208
00:12:13,384 --> 00:12:15,169
Detectives
ask Robert how he got
209
00:12:15,212 --> 00:12:16,779
the scratches on his hands.
210
00:12:30,445 --> 00:12:33,709
He claimed he worked at
a place where they built
211
00:12:33,753 --> 00:12:35,711
steel buildings,
and stuff like that,
212
00:12:35,755 --> 00:12:39,541
and he got the bruises on
his hands from his job.
213
00:12:39,584 --> 00:12:41,412
Police
cut to the chase,
214
00:12:41,456 --> 00:12:44,807
and ask Robert where he was
on the day Mindy was murdered.
215
00:12:53,860 --> 00:12:56,732
Robert Lynds told
investigators that he had been
216
00:12:56,776 --> 00:13:00,388
at at work that day from
seven in the morning,
217
00:13:00,431 --> 00:13:05,436
and he didn't arrive home his
apartment until about 5:30.
218
00:13:06,524 --> 00:13:07,569
We talked to his employer.
219
00:13:07,612 --> 00:13:08,831
He did work all day.
220
00:13:08,875 --> 00:13:10,485
He did work with steel,
221
00:13:10,528 --> 00:13:12,400
so it's very easy for
him to cut his hands.
222
00:13:12,443 --> 00:13:15,838
So there was really nothing
to put him at that apartment
223
00:13:15,882 --> 00:13:17,927
at the time the crime occurred.
224
00:13:19,624 --> 00:13:21,583
Still,
police aren't ready
225
00:13:21,626 --> 00:13:23,890
to rule out Robert just yet.
226
00:13:23,933 --> 00:13:27,632
We asked him to provide DNA
sample, which she agreed to.
227
00:13:29,460 --> 00:13:31,898
While they
await DNA test results,
228
00:13:31,941 --> 00:13:34,639
police canvas Mindy's neighbors.
229
00:13:34,683 --> 00:13:37,555
We were looking for
anybody that might have seen
230
00:13:37,599 --> 00:13:41,646
something, heard something, so
we can get a better timeline
231
00:13:41,690 --> 00:13:43,953
as far as when this
might've happened.
232
00:13:45,520 --> 00:13:47,391
While
going door to door,
233
00:13:47,435 --> 00:13:50,873
investigators are pleased
to see a familiar face.
234
00:13:50,917 --> 00:13:54,921
As I was collecting statements
outside, I saw Moe Gibbs.
235
00:13:54,964 --> 00:13:57,706
He had been living in
the apartment building
236
00:13:57,749 --> 00:14:01,275
with his wife,
and step-daughter.
237
00:14:01,318 --> 00:14:03,277
Moe works at the
Barnes County Jail,
238
00:14:03,320 --> 00:14:06,584
and due to the fact that he
was a correctional officer,
239
00:14:06,628 --> 00:14:09,805
I would run into him quite
often while he was working,
240
00:14:09,849 --> 00:14:12,286
and I also knew Mo
because we played
241
00:14:12,329 --> 00:14:14,636
on the co-ed softball
tournament together.
242
00:14:14,679 --> 00:14:16,551
A guy in his position
probably would be
243
00:14:16,594 --> 00:14:20,685
an excellent witness if he
had seen or heard anything.
244
00:14:20,729 --> 00:14:22,818
Moe Gibbs said
that he knew Mindy
245
00:14:22,862 --> 00:14:24,472
as a person that
lived in the building.
246
00:14:24,515 --> 00:14:26,082
He had seen her come and go.
247
00:14:27,867 --> 00:14:30,478
The investigator
asked Moe if he noticed
248
00:14:30,521 --> 00:14:32,872
anything unusual that afternoon.
249
00:14:32,915 --> 00:14:35,048
Moe had said that he went
250
00:14:35,091 --> 00:14:38,616
with his wife and
step-daughter for lunch,
251
00:14:38,660 --> 00:14:43,360
then came back to the
apartment at about 12:45,
252
00:14:43,404 --> 00:14:47,364
and started packing
and loading boxes,
253
00:14:47,408 --> 00:14:49,976
as he and his wife
were going to be moving
254
00:14:50,019 --> 00:14:51,368
out of the apartment.
255
00:14:52,979 --> 00:14:55,416
He mentioned that when he
went into the apartment complex,
256
00:14:55,459 --> 00:14:59,768
he could smell a
strong, distinct order
of a disinfectant.
257
00:15:00,900 --> 00:15:02,727
Other than that,
258
00:15:02,771 --> 00:15:04,599
he claimed that he didn't
hear or see anything.
259
00:15:06,035 --> 00:15:08,342
So we were working
with a timeline
260
00:15:08,385 --> 00:15:12,389
between the first
missed call at 12:47 PM,
261
00:15:14,000 --> 00:15:18,395
and the disinfectant being
smelled shortly after 1:00 PM.
262
00:15:19,788 --> 00:15:21,703
So we figured she
probably was deceased
263
00:15:21,746 --> 00:15:23,748
prior to one o'clock
in the afternoon.
264
00:15:25,663 --> 00:15:27,970
To rule them out,
police collect DNA samples
265
00:15:28,014 --> 00:15:30,712
from Moe and the other
building residents.
266
00:15:32,583 --> 00:15:36,022
All the DNA samples
taken during our interviews
267
00:15:36,065 --> 00:15:38,633
were sent to the
state crime lab.
268
00:15:40,069 --> 00:15:41,679
In
search of new leads,
269
00:15:41,723 --> 00:15:44,900
detectives turn to
Mindy's loved ones.
270
00:15:44,944 --> 00:15:46,728
I just didn't think
there was anybody
271
00:15:46,771 --> 00:15:49,818
that would wanna do
anything like that to her.
272
00:15:49,861 --> 00:15:51,863
Investigators
push Mindy's parents
273
00:15:51,907 --> 00:15:53,865
to think hard about anyone
274
00:15:53,909 --> 00:15:55,998
who might've had a
problem with her.
275
00:15:56,042 --> 00:15:59,045
Mindy's mother mentioned that
Tony had had this boyfriend
276
00:15:59,088 --> 00:16:01,830
that wasn't such a nice person.
277
00:16:01,873 --> 00:16:03,092
His name was James.
278
00:16:04,789 --> 00:16:07,618
I was dating James
Robinson at the time,
279
00:16:07,662 --> 00:16:09,794
and he was doing
some bad things,
280
00:16:09,838 --> 00:16:13,668
and I was taking
the brunt of it,
281
00:16:13,711 --> 00:16:17,411
and Mindy didn't really care
for him, because she had known
282
00:16:17,454 --> 00:16:19,935
that there was times
that it got pretty scary.
283
00:16:19,979 --> 00:16:23,069
Mindy did bring
him up at one time,
284
00:16:23,112 --> 00:16:25,985
something about him being
on drugs or something.
285
00:16:26,028 --> 00:16:29,814
Mindy was trying to get
Toni to quit seeing James,
286
00:16:29,858 --> 00:16:32,513
and that may give
him some reason
287
00:16:32,556 --> 00:16:34,036
to hold a grudge against Mindy.
288
00:16:36,038 --> 00:16:39,085
This James Robinson, it
didn't look like he wanted
289
00:16:39,128 --> 00:16:43,002
his girlfriend, Toni, to
be friends with Mindy.
290
00:16:43,045 --> 00:16:44,525
She did, you know,
291
00:16:44,568 --> 00:16:46,875
obviously like a
friend does, "Get out."
292
00:16:46,918 --> 00:16:48,007
you know, "You need to leave.
293
00:16:48,050 --> 00:16:49,095
He's not a good guy.
294
00:16:49,138 --> 00:16:50,487
This isn't a good relationship."
295
00:16:52,011 --> 00:16:53,621
In trying
to help her friend,
296
00:16:53,664 --> 00:16:56,624
had Mindy made a deadly enemy?
297
00:16:56,667 --> 00:16:59,192
Seemed like the attack
was personal in nature.
298
00:17:00,236 --> 00:17:02,064
It made me think that
299
00:17:02,108 --> 00:17:04,675
maybe this guy had something
to do with her death.
300
00:17:15,382 --> 00:17:17,253
Investigators
are hunting for the killer
301
00:17:17,297 --> 00:17:20,517
of popular college
student, Mindy Morgenstern.
302
00:17:22,302 --> 00:17:25,261
They now suspect James Robinson,
who may have held a grudge
303
00:17:25,305 --> 00:17:27,089
against Mindy for trying to turn
304
00:17:27,133 --> 00:17:29,265
his girlfriend Toni against him.
305
00:17:34,314 --> 00:17:37,621
So James was called
in to do an interview,
306
00:17:37,665 --> 00:17:39,754
to see what we could
glean from him.
307
00:17:51,766 --> 00:17:55,248
Police asked James
if he has a criminal record.
308
00:17:55,291 --> 00:17:58,294
James said that
he had, in the past,
309
00:17:58,338 --> 00:18:01,384
had trouble with illegal drugs.
310
00:18:01,428 --> 00:18:03,256
He had been charged,
311
00:18:03,299 --> 00:18:06,302
but he was trying to stay
out of that lifestyle.
312
00:18:07,477 --> 00:18:09,175
As James talks,
313
00:18:09,218 --> 00:18:12,352
detectives notice suspicious
cuts on his hands.
314
00:18:21,187 --> 00:18:23,667
Police press
James on his whereabouts
315
00:18:23,711 --> 00:18:25,321
at the time of the murder.
316
00:18:32,372 --> 00:18:36,202
James told investigators
that he went to do community
317
00:18:36,245 --> 00:18:38,247
service from these
previous charges.
318
00:18:38,291 --> 00:18:40,119
He then went to
a friend's house,
319
00:18:40,162 --> 00:18:45,124
and went back home
sometime 5:00 or later.
320
00:18:45,167 --> 00:18:49,040
We checked, and it was
verified that he had been
321
00:18:49,084 --> 00:18:51,434
at those locations that day.
322
00:18:53,219 --> 00:18:56,135
Even though
James' alibi checks out,
323
00:18:56,178 --> 00:18:58,441
investigators
collect a DNA sample
324
00:18:58,485 --> 00:19:01,052
in order to officially
rule him out.
325
00:19:03,490 --> 00:19:06,232
As they review evidence
from the crime scene,
326
00:19:06,275 --> 00:19:08,234
autopsy results arrive.
327
00:19:10,105 --> 00:19:14,240
The autopsy of Mindy's body
indicated that she had died
328
00:19:16,111 --> 00:19:19,245
from asphyxiation, and due
to the cuts to her neck.
329
00:19:20,246 --> 00:19:21,638
There was no indication
330
00:19:21,682 --> 00:19:25,294
that Mindy had been
sexually assaulted.
331
00:19:26,774 --> 00:19:29,124
Still
awaiting results on DNA
332
00:19:29,168 --> 00:19:32,214
collected from Mindy's
fingernails, detectives turned
333
00:19:32,258 --> 00:19:35,435
to her coworkers for new leads.
334
00:19:35,478 --> 00:19:37,785
Mindy had been
working at a restaurant
335
00:19:37,828 --> 00:19:40,657
in Valley City as a waitstaff.
336
00:19:40,701 --> 00:19:44,400
It was important to
interview Mindy's coworkers,
337
00:19:44,444 --> 00:19:48,230
and see if they knew
of anyone unusual
338
00:19:48,274 --> 00:19:51,233
in the restaurant that
stood out to them.
339
00:19:53,192 --> 00:19:55,411
There was a man that
lived in a motor home
340
00:19:55,455 --> 00:19:58,153
across the street
from the restaurant.
341
00:19:58,197 --> 00:19:59,633
Mindy told coworkers,
342
00:19:59,676 --> 00:20:02,244
that he made her
feel really uneasy,
343
00:20:02,288 --> 00:20:04,768
and he's always in
there bothering them.
344
00:20:04,812 --> 00:20:08,729
So hearing that information,
we decided to interview him.
345
00:20:20,523 --> 00:20:24,832
Mr. Wolters didn't have
any ties to the area,
346
00:20:24,875 --> 00:20:26,703
just kind of odd character.
347
00:20:34,581 --> 00:20:36,626
He really didn't
have a good alibi
348
00:20:36,670 --> 00:20:39,629
for when Mindy was murdered.
349
00:20:39,673 --> 00:20:42,197
Just as
with previous suspects,
350
00:20:42,241 --> 00:20:45,331
detectives spot a
potentially damning clue.
351
00:21:01,825 --> 00:21:05,394
He claimed he never bothered
anybody in the restaurant
352
00:21:05,438 --> 00:21:07,918
where Mindy worked, claimed
he didn't know who she was.
353
00:21:09,920 --> 00:21:13,315
But
Mindy's coworkers tell
a different story.
354
00:21:13,359 --> 00:21:15,926
They all said that he
was in there quite often.
355
00:21:15,970 --> 00:21:17,798
Mr. Wolters would have seen her,
356
00:21:17,841 --> 00:21:19,756
coming and going at least.
357
00:21:19,800 --> 00:21:23,194
Would that give him a
reason to follow her?
358
00:21:23,238 --> 00:21:26,415
We really didn't
know at that point.
359
00:21:26,459 --> 00:21:28,548
Red flags were
waving, of course,
360
00:21:28,591 --> 00:21:31,899
but I was real careful not
to jump to any conclusions
361
00:21:31,942 --> 00:21:33,770
too early on in
the investigation.
362
00:21:35,685 --> 00:21:38,514
Detectives collect
Ralph's DNA and let him go,
363
00:21:38,558 --> 00:21:41,648
but they're not ready
to clear him just yet.
364
00:21:41,691 --> 00:21:43,476
We keep him on the list.
365
00:21:43,519 --> 00:21:45,869
We're hoping DNA samples,
if he was involved,
366
00:21:45,913 --> 00:21:48,263
would eventually
tie him into it.
367
00:21:49,830 --> 00:21:51,701
Two days
after the murder, the wait
368
00:21:51,745 --> 00:21:54,791
for answers starts to take
a toll on Mindy's family.
369
00:21:56,619 --> 00:21:58,839
That was a hard part, not
knowing what was going on,
370
00:21:58,882 --> 00:22:01,624
and what happened, and why.
371
00:22:01,668 --> 00:22:04,540
It was like living some place
372
00:22:04,584 --> 00:22:07,630
in another world,
373
00:22:07,674 --> 00:22:10,285
and you just wanted answers.
374
00:22:13,027 --> 00:22:15,246
Three days
into the investigation,
375
00:22:15,290 --> 00:22:17,684
detectives catch a
break when they find
376
00:22:17,727 --> 00:22:21,340
disturbing voicemails
left on Mindy's phone
377
00:22:21,383 --> 00:22:23,342
after she was dead.
378
00:22:46,713 --> 00:22:49,411
Detectives search
the number, and discover
379
00:22:49,455 --> 00:22:52,458
that it belongs to a
man named Rodney Kuznia.
380
00:22:54,329 --> 00:22:57,767
After Mindy had passed
away, he had called,
381
00:22:57,811 --> 00:23:02,424
and left numerous messages
on her cell phone.
382
00:23:02,468 --> 00:23:04,687
Investigators
rush to find out
383
00:23:04,731 --> 00:23:08,517
who Rodney Kuznia is,
and why he called Mindy
384
00:23:08,561 --> 00:23:09,779
after her murder.
385
00:23:14,001 --> 00:23:17,526
Mindy's friends had told
us about a previous boyfriend
386
00:23:17,570 --> 00:23:19,920
by the name of Kyle Kuznia.
387
00:23:19,963 --> 00:23:21,965
They had been very serious,
388
00:23:22,009 --> 00:23:25,795
and they had broken
up the prior year.
389
00:23:25,839 --> 00:23:29,756
Mindy's phone indicated
a lot of calls
390
00:23:29,799 --> 00:23:33,455
between she and
Kyle's father, Rodney.
391
00:23:33,499 --> 00:23:34,978
We thought this
was really odd,
392
00:23:35,022 --> 00:23:39,461
because why would an
ex-boyfriend's father be
393
00:23:39,505 --> 00:23:42,072
so interested in Mindy?
394
00:23:43,813 --> 00:23:45,902
There was some indication
from Mindy's friends
395
00:23:45,946 --> 00:23:49,645
that Mindy had told
Rodney to quit calling.
396
00:23:59,394 --> 00:24:00,961
It's
been three days
397
00:24:01,004 --> 00:24:04,181
since 22-year-old Mindy
Morgenstern was found
398
00:24:04,225 --> 00:24:06,401
brutally murdered
in her apartment.
399
00:24:08,359 --> 00:24:12,059
Police have a new suspect,
an ex-boyfriend's father,
400
00:24:12,102 --> 00:24:16,237
who left suspicious voicemails
for Mindy after her death.
401
00:24:40,087 --> 00:24:42,002
It just was really odd
402
00:24:42,045 --> 00:24:47,050
why Mindy's
ex-boyfriend's father
403
00:24:48,138 --> 00:24:49,488
was leaving these messages,
404
00:24:49,531 --> 00:24:51,838
why he was so
infatuated with her,
405
00:24:51,881 --> 00:24:54,101
and obviously he had
feelings for her.
406
00:24:57,408 --> 00:25:00,194
Eager to learn
more about Mindy's communication
407
00:25:00,237 --> 00:25:05,242
with Rodney, detectives start
by questioning his son, Kyle.
408
00:25:06,287 --> 00:25:08,332
Kyle was Mindy's ex-boyfriend,
409
00:25:10,117 --> 00:25:12,336
and Mindy, I think, still
had feelings for Kyle.
410
00:25:14,600 --> 00:25:18,038
It was found that Kyle had
broken off his relationship
411
00:25:18,081 --> 00:25:21,171
with her a year before,
412
00:25:21,215 --> 00:25:25,088
and was planning to get
married to someone else,
413
00:25:26,263 --> 00:25:27,482
and had really had
414
00:25:27,526 --> 00:25:29,571
very little contact with Mindy
415
00:25:29,615 --> 00:25:31,355
since that time that
they had broken up.
416
00:25:49,591 --> 00:25:51,637
After verifying
that Kyle was working
417
00:25:51,680 --> 00:25:54,422
out of town on the
day of the murder,
418
00:25:54,465 --> 00:25:56,424
detectives turn their questions
419
00:25:56,467 --> 00:25:59,079
to his father's
relationship with Mindy.
420
00:26:08,392 --> 00:26:11,657
It was actually ruining his
relationship with his father,
421
00:26:11,700 --> 00:26:16,400
because Rodney was so
involved with Mindy still.
422
00:26:22,972 --> 00:26:27,020
Rod Kuznia had an
almost unhealthy amount
423
00:26:27,063 --> 00:26:29,631
of contact with Mindy,
and then that continued
424
00:26:29,675 --> 00:26:32,068
even after Kyle
and Mindy broke up.
425
00:26:32,112 --> 00:26:37,117
The calls were very frequent,
like, multiple times daily,
426
00:26:38,161 --> 00:26:39,598
and it really made us wonder,
427
00:26:39,641 --> 00:26:42,122
did Mindy want him
to quit calling her?
428
00:26:44,080 --> 00:26:45,995
Did that make him angry?
429
00:26:47,475 --> 00:26:49,172
Detectives
bring Rodney Kuznia
430
00:26:49,216 --> 00:26:51,131
in for an interview.
431
00:26:51,174 --> 00:26:55,396
He was at least in his
50s, and we weren't sure
432
00:26:55,439 --> 00:26:58,051
what it was that he
wanted out of Mindy.
433
00:27:17,331 --> 00:27:19,986
Detectives press
Rodney about the messages
434
00:27:20,029 --> 00:27:22,553
he left after hearing
of Mindy's death.
435
00:27:39,222 --> 00:27:40,310
It was just really
436
00:27:40,354 --> 00:27:42,704
a strange type of relationship
437
00:27:42,748 --> 00:27:47,709
between a man that was her
boyfriend's father and her.
438
00:27:49,755 --> 00:27:52,453
Detectives press
Rodney on his whereabouts
439
00:27:52,496 --> 00:27:54,368
at the time of the murder.
440
00:27:54,411 --> 00:27:57,545
Rod Kuznia indicated that
he was working on his farm
441
00:27:57,588 --> 00:27:59,721
with his two sons from
seven in the morning,
442
00:27:59,765 --> 00:28:01,549
till early in the evening.
443
00:28:01,592 --> 00:28:03,725
We checked and
verified that yes,
444
00:28:03,769 --> 00:28:05,379
he had been at work that day.
445
00:28:06,772 --> 00:28:09,165
Detectives
collect DNA from Rodney,
446
00:28:09,209 --> 00:28:13,692
but with nothing
concrete against him,
they must let him go.
447
00:28:13,735 --> 00:28:17,173
We still thought that it
was such an odd relationship,
448
00:28:17,217 --> 00:28:20,394
that we've certainly
wouldn't close the book
449
00:28:20,437 --> 00:28:22,744
on looking at
Rodney any further.
450
00:28:24,746 --> 00:28:25,791
The
pressure to find
451
00:28:25,834 --> 00:28:28,402
Mindy's killer only increases,
452
00:28:28,445 --> 00:28:31,622
as the community
becomes gripped by fear.
453
00:28:33,581 --> 00:28:35,539
It was super scary, because
you didn't know who it was.
454
00:28:35,583 --> 00:28:37,150
It could have been anybody.
455
00:28:37,193 --> 00:28:38,412
You were scared to
go out by yourself.
456
00:28:38,455 --> 00:28:40,414
You were scared to do anything.
457
00:28:40,457 --> 00:28:42,764
It wasn't safe, little
Valley City anymore.
458
00:28:45,288 --> 00:28:47,769
Six days
after the murder,
459
00:28:47,813 --> 00:28:50,729
Mindy's funeral draws
hundreds of mourners.
460
00:28:51,817 --> 00:28:53,340
We had the funeral at a
461
00:28:53,383 --> 00:28:55,255
high school gym, because
462
00:28:55,298 --> 00:28:56,778
we didn't think that
everybody could fit
463
00:28:56,822 --> 00:28:58,649
into the church
while there was over
464
00:28:58,693 --> 00:29:02,131
500 people at the funeral,
and the police told us
465
00:29:02,175 --> 00:29:05,221
they would have some
undercover agents watching,
466
00:29:05,265 --> 00:29:07,093
because they didn't know
for sure if this person was,
467
00:29:07,136 --> 00:29:09,617
you know, after
her, or after us.
468
00:29:09,660 --> 00:29:12,533
And you get kind of paranoid
of anything like that happening
469
00:29:12,576 --> 00:29:15,144
until they finally
catch the right person.
470
00:29:17,190 --> 00:29:19,366
The day
after Mindy's funeral,
471
00:29:19,409 --> 00:29:23,805
investigators receive surprising
news from the crime lab.
472
00:29:23,849 --> 00:29:25,459
The state crime lab called,
473
00:29:25,502 --> 00:29:27,591
and said that we
have a positive match
474
00:29:28,679 --> 00:29:30,246
of the DNA.
475
00:29:30,290 --> 00:29:33,597
The DNA extracted from
under the fingernails
476
00:29:33,641 --> 00:29:38,472
of Mindy matched an unsolved
brutal sexual assault
477
00:29:38,515 --> 00:29:40,648
in Fargo two years previously.
478
00:29:42,258 --> 00:29:46,219
And when we found
out who the person was,
479
00:29:47,307 --> 00:29:49,352
it was just kind of silence.
480
00:29:49,396 --> 00:29:51,137
The news was a shock.
481
00:30:01,364 --> 00:30:02,931
One
week after the murder
482
00:30:02,975 --> 00:30:05,325
of 22-year-old
Mindy Morgenstern,
483
00:30:06,892 --> 00:30:08,981
detectives received
DNA test results
484
00:30:09,024 --> 00:30:11,070
that turned the
case on its head.
485
00:30:12,680 --> 00:30:15,117
The DNA from every
one of the suspects,
486
00:30:15,161 --> 00:30:20,166
Kuznia, Wolters, Lynds, and
the others all came back
487
00:30:21,210 --> 00:30:22,821
as not a match to the DNA found
488
00:30:22,864 --> 00:30:24,387
under Mindy's fingernails.
489
00:30:25,867 --> 00:30:28,261
I asked, "Who is it?"
490
00:30:28,304 --> 00:30:30,872
They told me it was Moe Gibbs.
491
00:30:32,308 --> 00:30:37,313
When they got the
match, it was just, wow.
492
00:30:39,185 --> 00:30:42,449
The DNA match of Moe Gibbs
is really unexpected for us.
493
00:30:43,363 --> 00:30:44,668
I knew him personally.
494
00:30:44,712 --> 00:30:47,062
He was a correctional officer,
495
00:30:47,106 --> 00:30:50,326
and it really caught me
off guard that somebody
496
00:30:50,370 --> 00:30:53,373
in the law enforcement
community would have done
497
00:30:53,416 --> 00:30:55,157
something like this.
498
00:30:55,201 --> 00:30:57,029
When
detectives look deep
499
00:30:57,072 --> 00:31:01,250
into Moe's background, they
discover a hidden past.
500
00:31:01,294 --> 00:31:04,427
Moe Gibbs was not the
man we thought he was.
501
00:31:04,471 --> 00:31:06,342
When we started digging
into his background,
502
00:31:06,386 --> 00:31:10,085
we had found out that he'd
actually changed his name.
503
00:31:10,129 --> 00:31:13,219
We found out that he was
involved in a drive-by shooting,
504
00:31:13,262 --> 00:31:15,438
and he had served
five years in prison.
505
00:31:17,223 --> 00:31:21,270
Also, his DNA matched
this reported rape in Fargo
506
00:31:21,314 --> 00:31:23,229
from two years previously.
507
00:31:27,973 --> 00:31:30,453
Given Moe's
violent criminal past,
508
00:31:30,497 --> 00:31:32,455
detectives come
up with a strategy
509
00:31:32,499 --> 00:31:34,457
to lure him into the station.
510
00:31:36,242 --> 00:31:38,026
We had called Moe, and asked
him if he would be willing
511
00:31:38,070 --> 00:31:41,116
to come in, just to
eliminate him as a suspect.
512
00:31:41,160 --> 00:31:44,946
We were playing on his
friendship with law enforcement.
513
00:31:44,990 --> 00:31:49,081
The idea was to get them
in, lock him in to a story,
514
00:31:49,124 --> 00:31:51,300
and then immediately
give them a polygraph.
515
00:31:53,085 --> 00:31:55,217
Moe Gibbs, who lived
in the apartment building
516
00:31:55,261 --> 00:31:59,047
that Mindy lived in, and
he said that he had seen
517
00:31:59,091 --> 00:32:03,225
her around, but he really
didn't know her at all.
518
00:32:03,269 --> 00:32:06,228
Moe said that he had
worked at the jail
519
00:32:06,272 --> 00:32:08,796
the previous night,
had gotten home
520
00:32:08,839 --> 00:32:13,235
about seven in the morning,
and then he started packing
521
00:32:13,279 --> 00:32:16,282
and loading boxes
out of the apartment.
522
00:32:27,858 --> 00:32:30,165
Scratches were
observed on Moe's hands,
523
00:32:30,209 --> 00:32:33,777
and Moe stated that
he got those scratches
524
00:32:33,821 --> 00:32:35,475
from moving boxes.
525
00:32:37,999 --> 00:32:41,046
The polygraph operator
asked him if he'd ever been
526
00:32:41,089 --> 00:32:43,222
in Mindy's room, or
in her apartment.
527
00:32:49,445 --> 00:32:51,534
He stated that she
was trying to carry
528
00:32:51,578 --> 00:32:54,059
a laundry basket,
and some other things
529
00:32:54,102 --> 00:32:58,106
all at the same time, and
he assisted her in carrying
530
00:32:58,150 --> 00:32:59,586
that laundry to her apartment.
531
00:33:01,153 --> 00:33:03,546
I'm thinking that he
wanted to have an excuse
532
00:33:03,590 --> 00:33:05,896
for having evidence
in that apartment.
533
00:33:07,333 --> 00:33:09,291
With
Moe's story in place,
534
00:33:09,335 --> 00:33:10,989
the polygraph can begin.
535
00:33:22,043 --> 00:33:25,351
At the conclusion of
the polygraph examination,
536
00:33:25,394 --> 00:33:27,570
the examiner felt that there was
537
00:33:27,614 --> 00:33:29,529
some indication of deception.
538
00:34:05,608 --> 00:34:07,610
At that point, we didn't think
539
00:34:07,654 --> 00:34:10,439
that he was really gonna
ever admit to anything,
540
00:34:10,483 --> 00:34:12,267
at least that day.
541
00:34:52,568 --> 00:34:55,615
He was arrested immediately
after that interview,
542
00:34:55,658 --> 00:34:57,443
and charged with murder.
543
00:35:11,979 --> 00:35:14,982
News of Moe's
arrest opens a floodgate
544
00:35:15,025 --> 00:35:17,027
of shocking accusations.
545
00:35:18,420 --> 00:35:20,161
A number of female
inmates in the jail
546
00:35:20,205 --> 00:35:23,164
where Moe Gibbs worked
came forward and said.
547
00:35:23,208 --> 00:35:26,341
'He's been doing sexual
stuff to us in the jail
548
00:35:26,385 --> 00:35:28,517
for weeks or months."
549
00:35:36,395 --> 00:35:38,136
Moe is
charged with six felonies
550
00:35:38,179 --> 00:35:40,007
for the sexual assaults,
551
00:35:40,050 --> 00:35:43,576
and one count of
first degree murder.
552
00:35:43,619 --> 00:35:46,187
It was a very,
very much a shock
553
00:35:46,231 --> 00:35:49,973
when they revealed
who was arrested.
554
00:35:50,017 --> 00:35:53,063
I was very surprised,
and very shocked,
555
00:35:53,107 --> 00:35:55,675
due to the fact I
knew him personally,
556
00:35:55,718 --> 00:35:58,982
but it was a great
feeling to get the person
557
00:35:59,026 --> 00:36:01,333
who had done this
horrific crime.
558
00:36:03,161 --> 00:36:06,164
We went to trial in Minot,
North Dakota, provided evidence
559
00:36:06,207 --> 00:36:10,080
to the jury there about the
DNA under her fingernails,
560
00:36:10,124 --> 00:36:11,995
the scratches on his hand.
561
00:36:14,041 --> 00:36:16,174
Despite the
evidence against him,
562
00:36:16,217 --> 00:36:19,351
Moe's lawyers mount
a strong defense.
563
00:36:19,394 --> 00:36:21,527
Their argument
was the DNA found
564
00:36:21,570 --> 00:36:25,313
in Mindy's fingernails
was probably touched DNA
565
00:36:25,357 --> 00:36:27,010
that she got from door knobs
566
00:36:27,054 --> 00:36:28,664
that Moe Gibbs
had been touching.
567
00:36:30,449 --> 00:36:34,322
I went into the jury
deliberations believing strongly
568
00:36:34,366 --> 00:36:37,238
that we'd proved our case
beyond a reasonable doubt.
569
00:36:37,282 --> 00:36:41,416
On July 12th,
2007, the jury returns
570
00:36:41,460 --> 00:36:46,465
to the courtroom with news that
takes everyone by surprise.
571
00:36:48,293 --> 00:36:50,033
The jury deliberated
for a fair period of time,
572
00:36:50,077 --> 00:36:52,079
and came back as a hung jury,
573
00:36:52,122 --> 00:36:55,648
and could not reach a decision.
574
00:36:55,691 --> 00:36:57,606
We were so sure
575
00:36:57,650 --> 00:37:00,130
he was gonna go down,
576
00:37:00,174 --> 00:37:02,132
but they just got him off.
577
00:37:03,525 --> 00:37:04,613
You kind of went home
and you were thinking,
578
00:37:04,657 --> 00:37:05,701
what are we gonna do now?
579
00:37:12,534 --> 00:37:15,537
Corrections
officer Moe Gibbs has just been
580
00:37:15,581 --> 00:37:19,846
tried for the murder of
22-year-old Mindy Morgenstern,
581
00:37:19,889 --> 00:37:22,936
but when the verdict
comes back a hung jury,
582
00:37:22,979 --> 00:37:26,026
Mindy's loved ones are
left fearing the worst.
583
00:37:29,682 --> 00:37:31,510
I was very shocked.
584
00:37:31,553 --> 00:37:32,293
I think everybody was.
585
00:37:34,164 --> 00:37:37,167
I don't think I would ever
expect that outcome at all.
586
00:37:38,995 --> 00:37:41,041
When we heard it was a
hung jury, I just thought
587
00:37:41,084 --> 00:37:43,217
it's all over with now.
588
00:37:43,261 --> 00:37:44,740
They're gonna let him go.
589
00:37:47,352 --> 00:37:49,223
Was it possible
that Moe had not killed
590
00:37:49,267 --> 00:37:53,880
Mindy after all, or was a
murderer about to go free?
591
00:37:56,099 --> 00:37:58,058
When a hung jury
like that happens,
592
00:37:58,101 --> 00:38:01,583
it's extremely disappointing
and hard to understand
593
00:38:01,627 --> 00:38:05,021
for people, because it's
just a temporary setback.
594
00:38:06,806 --> 00:38:08,547
I was absolutely certain
we had the right guy.
595
00:38:08,590 --> 00:38:11,027
In the Minot
trial, the defense,
596
00:38:11,071 --> 00:38:12,899
the one thing they really hung
597
00:38:12,942 --> 00:38:16,729
their hat on was that trying
to say it was just touched DNA.
598
00:38:16,772 --> 00:38:19,645
We felt it was
obvious that to get DNA
599
00:38:19,688 --> 00:38:21,734
under your fingernails,
it wasn't from touching
600
00:38:21,777 --> 00:38:23,213
any kind of doorknob.
601
00:38:23,257 --> 00:38:25,346
So we wanted to
totally rule that out,
602
00:38:25,390 --> 00:38:28,567
and we're able to find another
expert to help us do that.
603
00:38:30,046 --> 00:38:32,614
On
October 22nd, 2007,
604
00:38:32,658 --> 00:38:34,921
more than a year
after Mindy's murder,
605
00:38:34,964 --> 00:38:38,141
Moe Gibbs goes on trial
for the second time.
606
00:38:40,013 --> 00:38:43,756
The expert described
this as a vigorous assault.
607
00:38:43,799 --> 00:38:47,629
The amount of DNA was not
from touching a doorknob
608
00:38:47,673 --> 00:38:49,109
or a laundry basket.
609
00:38:50,806 --> 00:38:53,592
The prosecution lays
out further evidence,
610
00:38:53,635 --> 00:38:56,159
carefully building
the case against Moe.
611
00:38:57,813 --> 00:39:00,599
Moe Gibb's phone was
seized after his arrest,
612
00:39:00,642 --> 00:39:04,907
and there were never times
when he went for an hour
613
00:39:04,951 --> 00:39:08,128
or more that he was not texting,
614
00:39:08,171 --> 00:39:10,304
or doing something
with his phone.
615
00:39:12,219 --> 00:39:15,962
He got off at seven in
the morning from his shift,
616
00:39:16,005 --> 00:39:19,922
and he was continually either
emailing or texting people
617
00:39:19,966 --> 00:39:24,623
until he had to go pick up
his fiance to go to lunch.
618
00:39:24,666 --> 00:39:28,627
He dropped her back
off from 12:30 or 1:00,
619
00:39:28,670 --> 00:39:31,238
and that's when we
believe he came back
620
00:39:31,281 --> 00:39:32,761
to the apartment building.
621
00:39:35,982 --> 00:39:39,942
Mindy's last missed call
was at 12:47 that day,
622
00:39:39,986 --> 00:39:41,814
and for the next two hours,
623
00:39:41,857 --> 00:39:43,903
Moe Gibbs was doing
something else
624
00:39:43,946 --> 00:39:46,340
other than sending
texts or sending emails.
625
00:39:49,082 --> 00:39:50,823
With DNA
626
00:39:50,866 --> 00:39:52,781
and other evidence
placing Moe at the scene,
627
00:39:52,825 --> 00:39:55,697
the prosecution lays out
their theory of the murder.
628
00:39:57,220 --> 00:39:59,397
I believe that Mindy
was carrying clothes
629
00:39:59,440 --> 00:40:04,227
into her apartment, and Moe
Gibbs was in the hallway,
630
00:40:06,055 --> 00:40:07,143
and got her in there, and
pushed her on the floor,
631
00:40:07,187 --> 00:40:08,884
and attempted to rape her.
632
00:40:10,408 --> 00:40:12,671
I think Mindy fought back,
633
00:40:12,714 --> 00:40:15,325
and things went
drastically wrong.
634
00:40:17,240 --> 00:40:19,112
I think what happened
was he tried strangling her
635
00:40:19,155 --> 00:40:22,724
with a belt, and it wasn't
going as he wanted it to.
636
00:40:22,768 --> 00:40:24,422
She wasn't dying fast enough,
637
00:40:26,075 --> 00:40:30,123
so he got a knife,
and he stabbed her,
638
00:40:30,166 --> 00:40:34,040
and then when he got done,
he finds a cleaning solution,
639
00:40:34,083 --> 00:40:35,084
dumps it on her body,
640
00:40:36,477 --> 00:40:38,827
and then he gets the
heck out of there.
641
00:40:40,786 --> 00:40:43,397
Then he starts back with
the texting and emailing,
642
00:40:43,441 --> 00:40:44,746
and went on with his life.
643
00:40:50,448 --> 00:40:53,451
As Moe's second
murder trial concludes,
644
00:40:53,494 --> 00:40:56,454
prosecutors have one
final card to play.
645
00:40:58,020 --> 00:41:00,109
There was a
cellmate of Moe Gibbs
646
00:41:00,153 --> 00:41:04,200
while he was awaiting trial
that had told investigators
647
00:41:04,244 --> 00:41:09,249
that Moe had admitted
to killing Mindy.
648
00:41:10,772 --> 00:41:12,165
Gibbs had told them
that he'd done it,
649
00:41:12,208 --> 00:41:14,080
and do it again if he
had the opportunity.
650
00:41:19,259 --> 00:41:22,915
As the jury
deliberates for a second time,
651
00:41:22,958 --> 00:41:26,919
Mindy's loved ones
nervously await the outcome.
652
00:41:26,962 --> 00:41:28,921
And I was wondering
what's going on?
653
00:41:28,964 --> 00:41:30,836
I wanted to know things.
654
00:41:30,879 --> 00:41:34,274
I wanted to hear what was
coming out of their mouths.
655
00:41:36,232 --> 00:41:39,018
On
November 16th, 2007,
656
00:41:39,061 --> 00:41:41,934
after deliberating
for over 27 hours,
657
00:41:41,977 --> 00:41:44,197
the jury returns
with the verdict.
658
00:41:46,155 --> 00:41:49,158
We the
jury do find the defendant,
659
00:41:49,202 --> 00:41:54,033
Moe M. Gibbs, guilty
of the crime of murder.
660
00:41:56,078 --> 00:41:58,254
For killing
Mindy Morgenstern,
661
00:41:58,298 --> 00:42:01,780
Moe Gibbs is sentenced
to life without parole.
662
00:42:06,524 --> 00:42:10,092
He got a 12-year sentence
on the unsolved rape,
663
00:42:10,136 --> 00:42:14,532
and 15 years on the jail sexual
assaults that had happened.
664
00:42:17,883 --> 00:42:20,581
It was a relief that they
finally caught the person,
665
00:42:20,625 --> 00:42:22,409
that he wasn't gonna
be out there to do it
666
00:42:22,452 --> 00:42:24,367
to somebody else again.
667
00:42:24,411 --> 00:42:27,806
The fact that Moe Gibbs
is gonna be in prison,
668
00:42:27,849 --> 00:42:32,027
it was finally over with,
we could finally go on,
669
00:42:33,420 --> 00:42:35,509
and just try to
get through life,
670
00:42:35,553 --> 00:42:37,990
the rest of the
time that we had.
671
00:42:39,034 --> 00:42:40,819
Moe got what he deserved.
672
00:42:40,862 --> 00:42:45,345
Because of Mindy's
actions, and her strength,
673
00:42:45,388 --> 00:42:48,261
we were able to get
the DNA that we needed,
674
00:42:48,304 --> 00:42:51,307
and that DNA helped
us solve this case.
675
00:42:53,875 --> 00:42:56,051
Though
justice is served,
676
00:42:56,095 --> 00:42:59,402
nothing can dull the
pain of Mindy's loss.
677
00:43:01,013 --> 00:43:03,929
Oh, I miss Mindy
so much every day.
678
00:43:03,972 --> 00:43:05,365
You never get over it,
679
00:43:05,408 --> 00:43:08,107
but you go on, and
you pray for that time
680
00:43:08,150 --> 00:43:12,111
when you can see her again,
up there in the heavens.
681
00:43:12,154 --> 00:43:13,373
That's where I know she's at.
682
00:43:16,245 --> 00:43:19,161
I like to remember her smile.
683
00:43:19,205 --> 00:43:22,208
I have a picture of
her on my refrigerator,
684
00:43:22,251 --> 00:43:24,514
and the light just
radiates from her face,
685
00:43:24,558 --> 00:43:26,386
and she's so happy,
686
00:43:26,429 --> 00:43:28,475
and that's the way I
like to remember her.
51357
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