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These are the user uploaded subtitles that are being translated: 1 00:00:03,655 --> 00:00:05,440 A popular and fun-loving college student. 2 00:00:05,483 --> 00:00:08,312 Mindy was a very bubbly person. 3 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. 17 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. 21 00:01:05,108 --> 00:01:08,546 I don't think I would ever expect that outcome at all. 22 00:01:41,188 --> 00:01:43,103 I remember trying to call Mindy a few times, 23 00:01:43,146 --> 00:01:44,800 and she wasn't answering, 24 00:01:44,843 --> 00:01:47,585 so me and my friend Danielle drove, and parked in front 25 00:01:47,629 --> 00:01:50,110 of her apartment across the street. 26 00:01:50,153 --> 00:01:53,461 I ran inside, and knocked on the door, 27 00:01:53,504 --> 00:01:56,333 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 00:01:58,683 --> 00:02:03,297 and about two steps in, I saw something on the ground, 30 00:02:03,340 --> 00:02:04,602 right in front of my feet. 31 00:02:07,649 --> 00:02:08,650 It was Mindy, 32 00:02:10,347 --> 00:02:12,523 and then I noticed something around her neck. 33 00:02:12,567 --> 00:02:15,787 Horrified, Mindy's friend rushes outside 34 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. 38 00:02:28,452 --> 00:02:32,282 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 40 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. 43 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. 45 00:02:53,825 --> 00:02:57,177 The body of the victim was 46 00:02:57,220 --> 00:03:01,181 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. 53 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 60 00:03:39,915 --> 00:03:42,787 prior to the neck being cut. 61 00:03:42,831 --> 00:03:44,876 Investigators find an empty bottle 62 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, 64 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 68 00:04:07,638 --> 00:04:10,293 of her left hand, where possibly, 69 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, 71 00:04:18,432 --> 00:04:20,738 based on the materials that were found 72 00:04:20,782 --> 00:04:22,827 under Mindy's fingernails. 73 00:04:22,871 --> 00:04:26,962 And to preserve that, the hands are placed 74 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, 78 00:04:40,671 --> 00:04:43,021 or anything removed from them. 79 00:04:43,065 --> 00:04:45,807 There was clean laundry around the body 80 00:04:45,850 --> 00:04:47,548 in a laundry basket. 81 00:04:47,591 --> 00:04:50,377 It almost appeared as if she was attacked 82 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, 84 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 97 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. 100 00:05:54,658 --> 00:05:56,399 Police reach Mindy's sister 101 00:05:56,443 --> 00:05:58,358 to inform her of the murder, 102 00:05:58,401 --> 00:06:01,491 and she delivers the tragic news to her parents. 103 00:06:03,101 --> 00:06:05,887 Front doorbell rang, and I said, "Who's there?" 104 00:06:05,930 --> 00:06:08,455 And Rebecca, our daughter, she said, "It's me, Dad. 105 00:06:09,456 --> 00:06:10,805 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, 109 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. 111 00:06:30,564 --> 00:06:31,913 This didn't happen." 112 00:06:33,001 --> 00:06:35,003 I didn't want it to be true. 113 00:06:35,046 --> 00:06:37,875 She had such a loving, loving heart, 114 00:06:37,919 --> 00:06:39,790 and I loved her very much. 115 00:06:42,445 --> 00:06:47,145 Born in Bogota, Colombia on April 29th, 1984, 116 00:06:47,189 --> 00:06:50,758 Mindy was adopted as a baby by Valley City farmers, 117 00:06:50,801 --> 00:06:52,934 Larry and Eunice Morgenstern. 118 00:06:54,762 --> 00:06:57,939 The first time I saw Mindy, she had the biggest, darkest, 119 00:06:57,982 --> 00:07:01,986 most beautiful eyes that I had ever seen. 120 00:07:02,030 --> 00:07:05,468 It was pretty, pretty, very amazing to see this little, 121 00:07:05,512 --> 00:07:07,818 little character in a basket that she brought home 122 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 124 00:07:13,694 --> 00:07:15,652 of four Morgenstern children, 125 00:07:15,696 --> 00:07:19,134 three of them adopted by Larry and Eunice. 126 00:07:19,177 --> 00:07:22,920 Mindy was very much a tomboy, and as she grew up, 127 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 129 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 131 00:07:36,673 --> 00:07:41,025 to Valley City, and dove headlong into college life. 132 00:07:41,069 --> 00:07:43,898 She just seemed to enjoy all the friends 133 00:07:43,941 --> 00:07:45,769 that she had there. 134 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, 143 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, 148 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, 151 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. 162 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 164 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 166 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 171 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, 173 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, 175 00:10:03,951 --> 00:10:06,649 detectives uncover a world of secrets. 176 00:10:15,092 --> 00:10:17,268 It turned out upon checking his background, 177 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. 179 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. 182 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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