1 00:00:03,698 --> 00:00:05,483 A popular and fun-loving college student. 2 00:00:05,526 --> 00:00:08,355 Mindy was a very bubbly person. 3 00:00:08,399 --> 00:00:10,357 She always seemed to be happy. 4 00:00:10,401 --> 00:00:14,796 She had a light in her eyes, and she accepted everyone. 5 00:00:14,840 --> 00:00:19,366 Is found savagely murdered in her apartment. 6 00:00:19,410 --> 00:00:21,107 There was a belt wrapped around her neck, 7 00:00:21,151 --> 00:00:23,805 and appeared to be a broken off-knife 8 00:00:23,849 --> 00:00:25,677 still stuck in her throat. 9 00:00:25,720 --> 00:00:27,461 Police need to determine, 10 00:00:27,505 --> 00:00:29,637 was this a sinister obsession? 11 00:00:35,382 --> 00:00:38,733 He had called and left numerous messages 12 00:00:38,777 --> 00:00:40,692 on her cell phone. 13 00:00:40,735 --> 00:00:44,261 Just really a strange type of relationship. 14 00:00:44,304 --> 00:00:46,437 A crucial piece of evidence. 15 00:00:46,480 --> 00:00:48,830 There was some material under the fingernails 16 00:00:48,874 --> 00:00:50,441 of her left hand. 17 00:00:54,793 --> 00:00:57,404 Shines a light on a dangerous predator 18 00:00:57,448 --> 00:00:59,406 no one saw coming. 19 00:00:59,450 --> 00:01:02,235 I was very shocked, I think everybody was. 20 00:01:02,279 --> 00:01:05,108 He was not the man we thought he was. 21 00:01:05,151 --> 00:01:08,589 I don't think I would ever expect that outcome at all. 22 00:01:41,231 --> 00:01:43,146 I remember trying to call Mindy a few times, 23 00:01:43,189 --> 00:01:44,843 and she wasn't answering, 24 00:01:44,886 --> 00:01:47,628 so me and my friend Danielle drove, and parked in front 25 00:01:47,672 --> 00:01:50,153 of her apartment across the street. 26 00:01:50,196 --> 00:01:53,504 I ran inside, and knocked on the door, 27 00:01:53,547 --> 00:01:56,376 and there was no answer, but it wasn't locked, 28 00:01:56,420 --> 00:01:58,683 and so I opened the door and I stepped in, 29 00:01:58,726 --> 00:02:03,340 and about two steps in, I saw something on the ground, 30 00:02:03,383 --> 00:02:04,645 right in front of my feet. 31 00:02:07,692 --> 00:02:08,693 It was Mindy, 32 00:02:10,390 --> 00:02:12,566 and then I noticed something around her neck. 33 00:02:12,610 --> 00:02:15,830 Horrified, Mindy's friend rushes outside 34 00:02:15,874 --> 00:02:17,354 to call 9 1 1. 35 00:02:20,313 --> 00:02:22,402 About 10 minutes before 9:00 that night, 36 00:02:22,446 --> 00:02:24,274 dispatch called me at my house, 37 00:02:24,317 --> 00:02:28,452 and said that they got a hysterical caller on the phone. 38 00:02:28,495 --> 00:02:32,325 I got the address, and it was one block from my house. 39 00:02:32,369 --> 00:02:35,198 When I have arrived, both Danielle 40 00:02:35,241 --> 00:02:39,332 and Toni were very distraught, very upset. 41 00:02:41,595 --> 00:02:45,251 The apartment was located on the second floor 42 00:02:45,295 --> 00:02:46,296 of the building. 43 00:02:47,906 --> 00:02:50,778 As I entered, I could smell a very strong order, 44 00:02:50,822 --> 00:02:53,825 like an ammonia disinfectant. 45 00:02:53,868 --> 00:02:57,220 The body of the victim was 46 00:02:57,263 --> 00:03:01,224 laying across the entry hallway. 47 00:03:01,267 --> 00:03:04,749 And it appeared her throat had been half cut open. 48 00:03:06,577 --> 00:03:07,969 Detectives begin their investigation, 49 00:03:08,013 --> 00:03:09,884 and identify the victim 50 00:03:09,928 --> 00:03:14,715 as 22-year-old college senior, Mindy Morgenstern. 51 00:03:14,759 --> 00:03:16,369 I knew Mindy. 52 00:03:16,413 --> 00:03:18,545 She was a student at the college. 53 00:03:18,589 --> 00:03:20,547 I had seen her at a lot of their events, 54 00:03:20,591 --> 00:03:23,376 and to see that it was her, 55 00:03:23,420 --> 00:03:27,380 I was really surprised, and quite shocked. 56 00:03:28,860 --> 00:03:30,644 There was a belt wrapped around her neck, 57 00:03:30,688 --> 00:03:32,516 and appeared to be a 58 00:03:32,559 --> 00:03:35,519 broken off knife, still stuck in her throat. 59 00:03:37,347 --> 00:03:39,914 It appeared that the belt was applied to the neck 60 00:03:39,958 --> 00:03:42,830 prior to the neck being cut. 61 00:03:42,874 --> 00:03:44,919 Investigators find an empty bottle 62 00:03:44,963 --> 00:03:47,792 of disinfectant beside the body. 63 00:03:47,835 --> 00:03:51,622 Somebody had poured the disinfectant over her body, 64 00:03:51,665 --> 00:03:55,930 possibly trying to destroy any type of evidence. 65 00:03:58,368 --> 00:04:00,587 The killer tried to cover their tracks, 66 00:04:00,631 --> 00:04:04,330 but investigators find something they missed. 67 00:04:04,374 --> 00:04:07,638 There was some material under the fingernails 68 00:04:07,681 --> 00:04:10,336 of her left hand, where possibly, 69 00:04:10,380 --> 00:04:13,426 Mindy had scratched her assailant. 70 00:04:13,470 --> 00:04:18,431 We felt that this was gonna be a DNA forensic type case, 71 00:04:18,475 --> 00:04:20,781 based on the materials that were found 72 00:04:20,825 --> 00:04:22,870 under Mindy's fingernails. 73 00:04:22,914 --> 00:04:27,005 And to preserve that, the hands are placed 74 00:04:27,048 --> 00:04:29,007 in bags for autopsy. 75 00:04:30,835 --> 00:04:34,621 She had a purse around her right arm. 76 00:04:34,665 --> 00:04:38,364 Her wallet was laying just outside of the purse. 77 00:04:38,408 --> 00:04:40,671 It didn't appear that they'd been gone through, 78 00:04:40,714 --> 00:04:43,064 or anything removed from them. 79 00:04:43,108 --> 00:04:45,850 There was clean laundry around the body 80 00:04:45,893 --> 00:04:47,591 in a laundry basket. 81 00:04:47,634 --> 00:04:50,420 It almost appeared as if she was attacked 82 00:04:50,463 --> 00:04:52,813 as she was going in the door with that laundry. 83 00:04:54,685 --> 00:04:57,992 It did not look like the apartment had been ransacked, 84 00:04:58,036 --> 00:05:02,388 or gone through, so it didn't appear that theft was a motive 85 00:05:02,432 --> 00:05:03,998 in this killing. 86 00:05:04,042 --> 00:05:06,827 There was no sign of any forced entry into the apartment. 87 00:05:06,871 --> 00:05:09,743 It told us that the person was either in her apartment, 88 00:05:09,787 --> 00:05:11,354 or followed her in. 89 00:05:13,530 --> 00:05:18,448 Her cell phone was located, and the first missed call 90 00:05:18,491 --> 00:05:22,452 on that phone was at 12:47 PM 91 00:05:22,495 --> 00:05:24,845 on September 13th. 92 00:05:24,889 --> 00:05:26,673 That gave us some indication 93 00:05:26,717 --> 00:05:29,981 as to what time the attack may have occurred. 94 00:05:31,678 --> 00:05:34,377 By 10:00 PM, more than nine hours 95 00:05:34,420 --> 00:05:36,422 after the first missed call, 96 00:05:36,466 --> 00:05:38,903 detectives have little to go on as they work 97 00:05:38,946 --> 00:05:40,731 into the night at the crime scene. 98 00:05:42,559 --> 00:05:45,562 When we first left the scene the following morning, 99 00:05:45,605 --> 00:05:50,044 we had no clear indication of who may have done this. 100 00:05:54,701 --> 00:05:56,442 Police reach Mindy's sister 101 00:05:56,486 --> 00:05:58,401 to inform her of the murder, 102 00:05:58,444 --> 00:06:01,534 and she delivers the tragic news to her parents. 103 00:06:03,144 --> 00:06:05,930 Front doorbell rang, and I said, "Who's there?" 104 00:06:05,973 --> 00:06:08,498 And Rebecca, our daughter, she said, "It's me, Dad. 105 00:06:09,499 --> 00:06:10,848 I've got some bad news." 106 00:06:12,719 --> 00:06:15,896 And then Rebecca said to me that, 107 00:06:15,940 --> 00:06:18,421 "Mom, Mindy is dead." 108 00:06:19,857 --> 00:06:21,859 It was just like somebody taking a knife, 109 00:06:21,902 --> 00:06:24,775 and just sticking it right into your heart. 110 00:06:26,603 --> 00:06:30,563 I just wanted to try to just say, "No, this isn't real. 111 00:06:30,607 --> 00:06:31,956 This didn't happen." 112 00:06:33,044 --> 00:06:35,046 I didn't want it to be true. 113 00:06:35,089 --> 00:06:37,918 She had such a loving, loving heart, 114 00:06:37,962 --> 00:06:39,833 and I loved her very much. 115 00:06:42,488 --> 00:06:47,188 Born in Bogota, Colombia on April 29th, 1984, 116 00:06:47,232 --> 00:06:50,801 Mindy was adopted as a baby by Valley City farmers, 117 00:06:50,844 --> 00:06:52,977 Larry and Eunice Morgenstern. 118 00:06:54,805 --> 00:06:57,982 The first time I saw Mindy, she had the biggest, darkest, 119 00:06:58,025 --> 00:07:02,029 most beautiful eyes that I had ever seen. 120 00:07:02,073 --> 00:07:05,511 It was pretty, pretty, very amazing to see this little, 121 00:07:05,555 --> 00:07:07,861 little character in a basket that she brought home 122 00:07:07,905 --> 00:07:09,776 to be part of our family. 123 00:07:12,562 --> 00:07:13,693 Mindy was the youngest 124 00:07:13,737 --> 00:07:15,695 of four Morgenstern children, 125 00:07:15,739 --> 00:07:19,177 three of them adopted by Larry and Eunice. 126 00:07:19,220 --> 00:07:22,963 Mindy was very much a tomboy, and as she grew up, 127 00:07:23,007 --> 00:07:25,183 she got so beautiful. 128 00:07:25,226 --> 00:07:28,621 She didn't really realize that she would be looked upon 129 00:07:28,665 --> 00:07:32,973 as somebody that would turn boys' heads. 130 00:07:34,540 --> 00:07:36,673 After high school, Mindy moved 131 00:07:36,716 --> 00:07:41,068 to Valley City, and dove headlong into college life. 132 00:07:41,112 --> 00:07:43,941 She just seemed to enjoy all the friends 133 00:07:43,984 --> 00:07:45,812 that she had there. 134 00:07:45,856 --> 00:07:50,730 Mindy was a very friendly, outgoing, bubbly person. 135 00:07:52,079 --> 00:07:53,907 She just always seemed to be happy. 136 00:07:53,951 --> 00:07:57,955 She had a light in her eyes, and she accepted everyone. 137 00:07:57,998 --> 00:08:00,566 Mindy's future was looking bright, 138 00:08:00,610 --> 00:08:04,309 until the stunning attack that cut her down in her prime. 139 00:08:05,223 --> 00:08:08,792 It was very difficult 140 00:08:08,835 --> 00:08:10,924 to see Mindy's body 141 00:08:10,968 --> 00:08:15,102 in the condition that it was in when we found her. 142 00:08:15,146 --> 00:08:17,104 I wanted to find out who did this, 143 00:08:17,148 --> 00:08:20,717 because she was loved by a lot of people in our community. 144 00:08:22,588 --> 00:08:24,024 Back at the crime scene, 145 00:08:24,068 --> 00:08:26,897 Mindy's two friends tell detectives they weren't 146 00:08:26,940 --> 00:08:29,856 the only ones to see Mindy's body. 147 00:08:32,076 --> 00:08:36,559 When Toni found Mindy at the scene, she screamed, 148 00:08:36,602 --> 00:08:39,910 which alerted a man in a neighboring apartment 149 00:08:39,953 --> 00:08:43,740 to come out to see what was wrong. 150 00:08:45,611 --> 00:08:49,615 He was there when I first entered the apartment complex, 151 00:08:49,659 --> 00:08:53,663 and they showed me where Mindy was located. 152 00:08:53,706 --> 00:08:56,579 He told investigators that he checked for pulse, 153 00:08:56,622 --> 00:09:01,105 using the back of his hand, to not leave any fingerprints 154 00:09:01,148 --> 00:09:02,149 on the victim. 155 00:09:03,977 --> 00:09:08,678 It was a little odd, because people don't describe things 156 00:09:10,114 --> 00:09:12,116 like that, like using the back of their hand 157 00:09:12,159 --> 00:09:13,987 so they don't leave fingerprints, and things like that. 158 00:09:14,031 --> 00:09:15,859 If he was there to help, I couldn't understand 159 00:09:15,902 --> 00:09:18,035 why he'd be worried about something like that. 160 00:09:19,950 --> 00:09:22,735 Police identify the man as Robert Lynds, 161 00:09:22,779 --> 00:09:26,086 and soon notice a telling detail about him. 162 00:09:26,130 --> 00:09:29,133 He had scratches on his hands that would correspond 163 00:09:29,176 --> 00:09:32,615 to someone trying to get your hands off of them 164 00:09:32,658 --> 00:09:34,138 when they were being attacked. 165 00:09:35,661 --> 00:09:36,793 Had Mindy scratched Robert 166 00:09:36,836 --> 00:09:38,838 as she fought for her life? 167 00:09:38,882 --> 00:09:40,884 Robert Lynds having those scratches, 168 00:09:40,927 --> 00:09:42,625 being in the same building, 169 00:09:42,668 --> 00:09:45,889 he certainly needed to be looked at. 170 00:09:47,847 --> 00:09:51,111 A lot of times, a person at the crime scene is the person 171 00:09:51,155 --> 00:09:52,852 that committed the crime, 172 00:09:52,896 --> 00:09:54,985 and any evidence of them is found, 173 00:09:56,421 --> 00:09:58,641 they have an excuse for saying why it was there. 174 00:10:02,340 --> 00:10:03,950 Coming up, 175 00:10:03,994 --> 00:10:06,692 detectives uncover a world of secrets. 176 00:10:15,135 --> 00:10:17,311 It turned out upon checking his background, 177 00:10:17,355 --> 00:10:19,879 that he had a felony record. 178 00:10:19,923 --> 00:10:22,099 And as they zero in on a killer. 179 00:10:22,142 --> 00:10:24,405 I was absolutely certain we had the right guy. 180 00:10:24,449 --> 00:10:28,714 A stunning setback turns the case on its head. 181 00:10:28,758 --> 00:10:31,891 I just thought it's all over with now. 182 00:10:31,935 --> 00:10:33,327 They're gonna let him go. 183 00:10:33,371 --> 00:10:35,982 This case was a shock to everybody. 184 00:10:36,026 --> 00:10:39,420 When we found out who the person was, 185 00:10:39,464 --> 00:10:42,075 it was just, wow. 186 00:10:52,825 --> 00:10:54,653 Police, investigating the murder 187 00:10:54,697 --> 00:10:58,701 of 22-year-old college student Mindy Morgenstern 188 00:10:58,744 --> 00:11:01,486 have just identified their first suspect, 189 00:11:01,529 --> 00:11:04,315 her neighbor, Robert Lynds. 190 00:11:05,795 --> 00:11:07,840 When officers met Robert Lynds, 191 00:11:07,884 --> 00:11:10,756 they noticed some scratches on his hands. 192 00:11:10,800 --> 00:11:14,325 And he also used the back of his hand 193 00:11:14,368 --> 00:11:17,720 to see if she was deceased or not. 194 00:11:19,547 --> 00:11:21,898 His concern was he didn't want to leave any fingerprints 195 00:11:21,941 --> 00:11:24,248 or DNA in the apartment, 196 00:11:24,291 --> 00:11:27,512 because he had nothing to do with the incident. 197 00:11:29,383 --> 00:11:32,386 Suspicions aroused, police bring Robert Lynds 198 00:11:32,430 --> 00:11:34,432 into the station for an interview. 199 00:11:38,871 --> 00:11:41,265 All he knew about her is that she was a pretty girl, 200 00:11:41,308 --> 00:11:43,267 and that she lived in the apartment building. 201 00:11:44,921 --> 00:11:46,792 When investigators dig into Robert's history, 202 00:11:46,836 --> 00:11:49,360 they find something troubling. 203 00:11:49,403 --> 00:11:52,363 It turned out upon checking his background 204 00:11:52,406 --> 00:11:54,713 that he had a felony record. 205 00:12:03,983 --> 00:12:07,204 Robert Lynds was in the criminal system out in California. 206 00:12:07,247 --> 00:12:10,294 He's street smart, and he knew not to leave 207 00:12:10,337 --> 00:12:11,861 fingerprints at a crime scene. 208 00:12:13,427 --> 00:12:15,212 Detectives ask Robert how he got 209 00:12:15,255 --> 00:12:16,822 the scratches on his hands. 210 00:12:30,488 --> 00:12:33,752 He claimed he worked at a place where they built 211 00:12:33,796 --> 00:12:35,754 steel buildings, and stuff like that, 212 00:12:35,798 --> 00:12:39,584 and he got the bruises on his hands from his job. 213 00:12:39,627 --> 00:12:41,455 Police cut to the chase, 214 00:12:41,499 --> 00:12:44,850 and ask Robert where he was on the day Mindy was murdered. 215 00:12:53,903 --> 00:12:56,775 Robert Lynds told investigators that he had been 216 00:12:56,819 --> 00:13:00,431 at at work that day from seven in the morning, 217 00:13:00,474 --> 00:13:05,479 and he didn't arrive home his apartment until about 5:30. 218 00:13:06,567 --> 00:13:07,612 We talked to his employer. 219 00:13:07,655 --> 00:13:08,874 He did work all day. 220 00:13:08,918 --> 00:13:10,528 He did work with steel, 221 00:13:10,571 --> 00:13:12,443 so it's very easy for him to cut his hands. 222 00:13:12,486 --> 00:13:15,881 So there was really nothing to put him at that apartment 223 00:13:15,925 --> 00:13:17,970 at the time the crime occurred. 224 00:13:19,667 --> 00:13:21,626 Still, police aren't ready 225 00:13:21,669 --> 00:13:23,933 to rule out Robert just yet. 226 00:13:23,976 --> 00:13:27,675 We asked him to provide DNA sample, which she agreed to. 227 00:13:29,503 --> 00:13:31,941 While they await DNA test results, 228 00:13:31,984 --> 00:13:34,682 police canvas Mindy's neighbors. 229 00:13:34,726 --> 00:13:37,598 We were looking for anybody that might have seen 230 00:13:37,642 --> 00:13:41,689 something, heard something, so we can get a better timeline 231 00:13:41,733 --> 00:13:43,996 as far as when this might've happened. 232 00:13:45,563 --> 00:13:47,434 While going door to door, 233 00:13:47,478 --> 00:13:50,916 investigators are pleased to see a familiar face. 234 00:13:50,960 --> 00:13:54,964 As I was collecting statements outside, I saw Moe Gibbs. 235 00:13:55,007 --> 00:13:57,749 He had been living in the apartment building 236 00:13:57,792 --> 00:14:01,318 with his wife, and step-daughter. 237 00:14:01,361 --> 00:14:03,320 Moe works at the Barnes County Jail, 238 00:14:03,363 --> 00:14:06,627 and due to the fact that he was a correctional officer, 239 00:14:06,671 --> 00:14:09,848 I would run into him quite often while he was working, 240 00:14:09,892 --> 00:14:12,329 and I also knew Mo because we played 241 00:14:12,372 --> 00:14:14,679 on the co-ed softball tournament together. 242 00:14:14,722 --> 00:14:16,594 A guy in his position probably would be 243 00:14:16,637 --> 00:14:20,728 an excellent witness if he had seen or heard anything. 244 00:14:20,772 --> 00:14:22,861 Moe Gibbs said that he knew Mindy 245 00:14:22,905 --> 00:14:24,515 as a person that lived in the building. 246 00:14:24,558 --> 00:14:26,125 He had seen her come and go. 247 00:14:27,910 --> 00:14:30,521 The investigator asked Moe if he noticed 248 00:14:30,564 --> 00:14:32,915 anything unusual that afternoon. 249 00:14:32,958 --> 00:14:35,091 Moe had said that he went 250 00:14:35,134 --> 00:14:38,659 with his wife and step-daughter for lunch, 251 00:14:38,703 --> 00:14:43,403 then came back to the apartment at about 12:45, 252 00:14:43,447 --> 00:14:47,407 and started packing and loading boxes, 253 00:14:47,451 --> 00:14:50,019 as he and his wife were going to be moving 254 00:14:50,062 --> 00:14:51,411 out of the apartment. 255 00:14:53,022 --> 00:14:55,459 He mentioned that when he went into the apartment complex, 256 00:14:55,502 --> 00:14:59,811 he could smell a strong, distinct order of a disinfectant. 257 00:15:00,943 --> 00:15:02,770 Other than that, 258 00:15:02,814 --> 00:15:04,642 he claimed that he didn't hear or see anything. 259 00:15:06,078 --> 00:15:08,385 So we were working with a timeline 260 00:15:08,428 --> 00:15:12,432 between the first missed call at 12:47 PM, 261 00:15:14,043 --> 00:15:18,438 and the disinfectant being smelled shortly after 1:00 PM. 262 00:15:19,831 --> 00:15:21,746 So we figured she probably was deceased 263 00:15:21,789 --> 00:15:23,791 prior to one o'clock in the afternoon. 264 00:15:25,706 --> 00:15:28,013 To rule them out, police collect DNA samples 265 00:15:28,057 --> 00:15:30,755 from Moe and the other building residents. 266 00:15:32,626 --> 00:15:36,065 All the DNA samples taken during our interviews 267 00:15:36,108 --> 00:15:38,676 were sent to the state crime lab. 268 00:15:40,112 --> 00:15:41,722 In search of new leads, 269 00:15:41,766 --> 00:15:44,943 detectives turn to Mindy's loved ones. 270 00:15:44,987 --> 00:15:46,771 I just didn't think there was anybody 271 00:15:46,814 --> 00:15:49,861 that would wanna do anything like that to her. 272 00:15:49,904 --> 00:15:51,906 Investigators push Mindy's parents 273 00:15:51,950 --> 00:15:53,908 to think hard about anyone 274 00:15:53,952 --> 00:15:56,041 who might've had a problem with her. 275 00:15:56,085 --> 00:15:59,088 Mindy's mother mentioned that Tony had had this boyfriend 276 00:15:59,131 --> 00:16:01,873 that wasn't such a nice person. 277 00:16:01,916 --> 00:16:03,135 His name was James. 278 00:16:04,832 --> 00:16:07,661 I was dating James Robinson at the time, 279 00:16:07,705 --> 00:16:09,837 and he was doing some bad things, 280 00:16:09,881 --> 00:16:13,711 and I was taking the brunt of it, 281 00:16:13,754 --> 00:16:17,454 and Mindy didn't really care for him, because she had known 282 00:16:17,497 --> 00:16:19,978 that there was times that it got pretty scary. 283 00:16:20,022 --> 00:16:23,112 Mindy did bring him up at one time, 284 00:16:23,155 --> 00:16:26,028 something about him being on drugs or something. 285 00:16:26,071 --> 00:16:29,857 Mindy was trying to get Toni to quit seeing James, 286 00:16:29,901 --> 00:16:32,556 and that may give him some reason 287 00:16:32,599 --> 00:16:34,079 to hold a grudge against Mindy. 288 00:16:36,081 --> 00:16:39,128 This James Robinson, it didn't look like he wanted 289 00:16:39,171 --> 00:16:43,045 his girlfriend, Toni, to be friends with Mindy. 290 00:16:43,088 --> 00:16:44,568 She did, you know, 291 00:16:44,611 --> 00:16:46,918 obviously like a friend does, "Get out." 292 00:16:46,961 --> 00:16:48,050 you know, "You need to leave. 293 00:16:48,093 --> 00:16:49,138 He's not a good guy. 294 00:16:49,181 --> 00:16:50,530 This isn't a good relationship." 295 00:16:52,054 --> 00:16:53,664 In trying to help her friend, 296 00:16:53,707 --> 00:16:56,667 had Mindy made a deadly enemy? 297 00:16:56,710 --> 00:16:59,235 Seemed like the attack was personal in nature. 298 00:17:00,279 --> 00:17:02,107 It made me think that 299 00:17:02,151 --> 00:17:04,718 maybe this guy had something to do with her death. 300 00:17:15,425 --> 00:17:17,296 Investigators are hunting for the killer 301 00:17:17,340 --> 00:17:20,560 of popular college student, Mindy Morgenstern. 302 00:17:22,345 --> 00:17:25,304 They now suspect James Robinson, who may have held a grudge 303 00:17:25,348 --> 00:17:27,132 against Mindy for trying to turn 304 00:17:27,176 --> 00:17:29,308 his girlfriend Toni against him. 305 00:17:34,357 --> 00:17:37,664 So James was called in to do an interview, 306 00:17:37,708 --> 00:17:39,797 to see what we could glean from him. 307 00:17:51,809 --> 00:17:55,291 Police asked James if he has a criminal record. 308 00:17:55,334 --> 00:17:58,337 James said that he had, in the past, 309 00:17:58,381 --> 00:18:01,427 had trouble with illegal drugs. 310 00:18:01,471 --> 00:18:03,299 He had been charged, 311 00:18:03,342 --> 00:18:06,345 but he was trying to stay out of that lifestyle. 312 00:18:07,520 --> 00:18:09,218 As James talks, 313 00:18:09,261 --> 00:18:12,395 detectives notice suspicious cuts on his hands. 314 00:18:21,230 --> 00:18:23,710 Police press James on his whereabouts 315 00:18:23,754 --> 00:18:25,364 at the time of the murder. 316 00:18:32,415 --> 00:18:36,245 James told investigators that he went to do community 317 00:18:36,288 --> 00:18:38,290 service from these previous charges. 318 00:18:38,334 --> 00:18:40,162 He then went to a friend's house, 319 00:18:40,205 --> 00:18:45,167 and went back home sometime 5:00 or later. 320 00:18:45,210 --> 00:18:49,083 We checked, and it was verified that he had been 321 00:18:49,127 --> 00:18:51,477 at those locations that day. 322 00:18:53,262 --> 00:18:56,178 Even though James' alibi checks out, 323 00:18:56,221 --> 00:18:58,484 investigators collect a DNA sample 324 00:18:58,528 --> 00:19:01,095 in order to officially rule him out. 325 00:19:03,533 --> 00:19:06,275 As they review evidence from the crime scene, 326 00:19:06,318 --> 00:19:08,277 autopsy results arrive. 327 00:19:10,148 --> 00:19:14,283 The autopsy of Mindy's body indicated that she had died 328 00:19:16,154 --> 00:19:19,288 from asphyxiation, and due to the cuts to her neck. 329 00:19:20,289 --> 00:19:21,681 There was no indication 330 00:19:21,725 --> 00:19:25,337 that Mindy had been sexually assaulted. 331 00:19:26,817 --> 00:19:29,167 Still awaiting results on DNA 332 00:19:29,211 --> 00:19:32,257 collected from Mindy's fingernails, detectives turned 333 00:19:32,301 --> 00:19:35,478 to her coworkers for new leads. 334 00:19:35,521 --> 00:19:37,828 Mindy had been working at a restaurant 335 00:19:37,871 --> 00:19:40,700 in Valley City as a waitstaff. 336 00:19:40,744 --> 00:19:44,443 It was important to interview Mindy's coworkers, 337 00:19:44,487 --> 00:19:48,273 and see if they knew of anyone unusual 338 00:19:48,317 --> 00:19:51,276 in the restaurant that stood out to them. 339 00:19:53,235 --> 00:19:55,454 There was a man that lived in a motor home 340 00:19:55,498 --> 00:19:58,196 across the street from the restaurant. 341 00:19:58,240 --> 00:19:59,676 Mindy told coworkers, 342 00:19:59,719 --> 00:20:02,287 that he made her feel really uneasy, 343 00:20:02,331 --> 00:20:04,811 and he's always in there bothering them. 344 00:20:04,855 --> 00:20:08,772 So hearing that information, we decided to interview him. 345 00:20:20,566 --> 00:20:24,875 Mr. Wolters didn't have any ties to the area, 346 00:20:24,918 --> 00:20:26,746 just kind of odd character. 347 00:20:34,624 --> 00:20:36,669 He really didn't have a good alibi 348 00:20:36,713 --> 00:20:39,672 for when Mindy was murdered. 349 00:20:39,716 --> 00:20:42,240 Just as with previous suspects, 350 00:20:42,284 --> 00:20:45,374 detectives spot a potentially damning clue. 351 00:21:01,868 --> 00:21:05,437 He claimed he never bothered anybody in the restaurant 352 00:21:05,481 --> 00:21:07,961 where Mindy worked, claimed he didn't know who she was. 353 00:21:09,963 --> 00:21:13,358 But Mindy's coworkers tell a different story. 354 00:21:13,402 --> 00:21:15,969 They all said that he was in there quite often. 355 00:21:16,013 --> 00:21:17,841 Mr. Wolters would have seen her, 356 00:21:17,884 --> 00:21:19,799 coming and going at least. 357 00:21:19,843 --> 00:21:23,237 Would that give him a reason to follow her? 358 00:21:23,281 --> 00:21:26,458 We really didn't know at that point. 359 00:21:26,502 --> 00:21:28,591 Red flags were waving, of course, 360 00:21:28,634 --> 00:21:31,942 but I was real careful not to jump to any conclusions 361 00:21:31,985 --> 00:21:33,813 too early on in the investigation. 362 00:21:35,728 --> 00:21:38,557 Detectives collect Ralph's DNA and let him go, 363 00:21:38,601 --> 00:21:41,691 but they're not ready to clear him just yet. 364 00:21:41,734 --> 00:21:43,519 We keep him on the list. 365 00:21:43,562 --> 00:21:45,912 We're hoping DNA samples, if he was involved, 366 00:21:45,956 --> 00:21:48,306 would eventually tie him into it. 367 00:21:49,873 --> 00:21:51,744 Two days after the murder, the wait 368 00:21:51,788 --> 00:21:54,834 for answers starts to take a toll on Mindy's family. 369 00:21:56,662 --> 00:21:58,882 That was a hard part, not knowing what was going on, 370 00:21:58,925 --> 00:22:01,667 and what happened, and why. 371 00:22:01,711 --> 00:22:04,583 It was like living some place 372 00:22:04,627 --> 00:22:07,673 in another world, 373 00:22:07,717 --> 00:22:10,328 and you just wanted answers. 374 00:22:13,070 --> 00:22:15,289 Three days into the investigation, 375 00:22:15,333 --> 00:22:17,727 detectives catch a break when they find 376 00:22:17,770 --> 00:22:21,383 disturbing voicemails left on Mindy's phone 377 00:22:21,426 --> 00:22:23,385 after she was dead. 378 00:22:46,756 --> 00:22:49,454 Detectives search the number, and discover 379 00:22:49,498 --> 00:22:52,501 that it belongs to a man named Rodney Kuznia. 380 00:22:54,372 --> 00:22:57,810 After Mindy had passed away, he had called, 381 00:22:57,854 --> 00:23:02,467 and left numerous messages on her cell phone. 382 00:23:02,511 --> 00:23:04,730 Investigators rush to find out 383 00:23:04,774 --> 00:23:08,560 who Rodney Kuznia is, and why he called Mindy 384 00:23:08,604 --> 00:23:09,822 after her murder. 385 00:23:14,044 --> 00:23:17,569 Mindy's friends had told us about a previous boyfriend 386 00:23:17,613 --> 00:23:19,963 by the name of Kyle Kuznia. 387 00:23:20,006 --> 00:23:22,008 They had been very serious, 388 00:23:22,052 --> 00:23:25,838 and they had broken up the prior year. 389 00:23:25,882 --> 00:23:29,799 Mindy's phone indicated a lot of calls 390 00:23:29,842 --> 00:23:33,498 between she and Kyle's father, Rodney. 391 00:23:33,542 --> 00:23:35,021 We thought this was really odd, 392 00:23:35,065 --> 00:23:39,504 because why would an ex-boyfriend's father be 393 00:23:39,548 --> 00:23:42,115 so interested in Mindy? 394 00:23:43,856 --> 00:23:45,945 There was some indication from Mindy's friends 395 00:23:45,989 --> 00:23:49,688 that Mindy had told Rodney to quit calling. 396 00:23:59,437 --> 00:24:01,004 It's been three days 397 00:24:01,047 --> 00:24:04,224 since 22-year-old Mindy Morgenstern was found 398 00:24:04,268 --> 00:24:06,444 brutally murdered in her apartment. 399 00:24:08,402 --> 00:24:12,102 Police have a new suspect, an ex-boyfriend's father, 400 00:24:12,145 --> 00:24:16,280 who left suspicious voicemails for Mindy after her death. 401 00:24:40,130 --> 00:24:42,045 It just was really odd 402 00:24:42,088 --> 00:24:47,093 why Mindy's ex-boyfriend's father 403 00:24:48,181 --> 00:24:49,531 was leaving these messages, 404 00:24:49,574 --> 00:24:51,881 why he was so infatuated with her, 405 00:24:51,924 --> 00:24:54,144 and obviously he had feelings for her. 406 00:24:57,451 --> 00:25:00,237 Eager to learn more about Mindy's communication 407 00:25:00,280 --> 00:25:05,285 with Rodney, detectives start by questioning his son, Kyle. 408 00:25:06,330 --> 00:25:08,375 Kyle was Mindy's ex-boyfriend, 409 00:25:10,160 --> 00:25:12,379 and Mindy, I think, still had feelings for Kyle. 410 00:25:14,643 --> 00:25:18,081 It was found that Kyle had broken off his relationship 411 00:25:18,124 --> 00:25:21,214 with her a year before, 412 00:25:21,258 --> 00:25:25,131 and was planning to get married to someone else, 413 00:25:26,306 --> 00:25:27,525 and had really had 414 00:25:27,569 --> 00:25:29,614 very little contact with Mindy 415 00:25:29,658 --> 00:25:31,398 since that time that they had broken up. 416 00:25:49,634 --> 00:25:51,680 After verifying that Kyle was working 417 00:25:51,723 --> 00:25:54,465 out of town on the day of the murder, 418 00:25:54,508 --> 00:25:56,467 detectives turn their questions 419 00:25:56,510 --> 00:25:59,122 to his father's relationship with Mindy. 420 00:26:08,435 --> 00:26:11,700 It was actually ruining his relationship with his father, 421 00:26:11,743 --> 00:26:16,443 because Rodney was so involved with Mindy still. 422 00:26:23,015 --> 00:26:27,063 Rod Kuznia had an almost unhealthy amount 423 00:26:27,106 --> 00:26:29,674 of contact with Mindy, and then that continued 424 00:26:29,718 --> 00:26:32,111 even after Kyle and Mindy broke up. 425 00:26:32,155 --> 00:26:37,160 The calls were very frequent, like, multiple times daily, 426 00:26:38,204 --> 00:26:39,641 and it really made us wonder, 427 00:26:39,684 --> 00:26:42,165 did Mindy want him to quit calling her? 428 00:26:44,123 --> 00:26:46,038 Did that make him angry? 429 00:26:47,518 --> 00:26:49,215 Detectives bring Rodney Kuznia 430 00:26:49,259 --> 00:26:51,174 in for an interview. 431 00:26:51,217 --> 00:26:55,439 He was at least in his 50s, and we weren't sure 432 00:26:55,482 --> 00:26:58,094 what it was that he wanted out of Mindy. 433 00:27:17,374 --> 00:27:20,029 Detectives press Rodney about the messages 434 00:27:20,072 --> 00:27:22,596 he left after hearing of Mindy's death. 435 00:27:39,265 --> 00:27:40,353 It was just really 436 00:27:40,397 --> 00:27:42,747 a strange type of relationship 437 00:27:42,791 --> 00:27:47,752 between a man that was her boyfriend's father and her. 438 00:27:49,798 --> 00:27:52,496 Detectives press Rodney on his whereabouts 439 00:27:52,539 --> 00:27:54,411 at the time of the murder. 440 00:27:54,454 --> 00:27:57,588 Rod Kuznia indicated that he was working on his farm 441 00:27:57,631 --> 00:27:59,764 with his two sons from seven in the morning, 442 00:27:59,808 --> 00:28:01,592 till early in the evening. 443 00:28:01,635 --> 00:28:03,768 We checked and verified that yes, 444 00:28:03,812 --> 00:28:05,422 he had been at work that day. 445 00:28:06,815 --> 00:28:09,208 Detectives collect DNA from Rodney, 446 00:28:09,252 --> 00:28:13,735 but with nothing concrete against him, they must let him go. 447 00:28:13,778 --> 00:28:17,216 We still thought that it was such an odd relationship, 448 00:28:17,260 --> 00:28:20,437 that we've certainly wouldn't close the book 449 00:28:20,480 --> 00:28:22,787 on looking at Rodney any further. 450 00:28:24,789 --> 00:28:25,834 The pressure to find 451 00:28:25,877 --> 00:28:28,445 Mindy's killer only increases, 452 00:28:28,488 --> 00:28:31,665 as the community becomes gripped by fear. 453 00:28:33,624 --> 00:28:35,582 It was super scary, because you didn't know who it was. 454 00:28:35,626 --> 00:28:37,193 It could have been anybody. 455 00:28:37,236 --> 00:28:38,455 You were scared to go out by yourself. 456 00:28:38,498 --> 00:28:40,457 You were scared to do anything. 457 00:28:40,500 --> 00:28:42,807 It wasn't safe, little Valley City anymore. 458 00:28:45,331 --> 00:28:47,812 Six days after the murder, 459 00:28:47,856 --> 00:28:50,772 Mindy's funeral draws hundreds of mourners. 460 00:28:51,860 --> 00:28:53,383 We had the funeral at a 461 00:28:53,426 --> 00:28:55,298 high school gym, because 462 00:28:55,341 --> 00:28:56,821 we didn't think that everybody could fit 463 00:28:56,865 --> 00:28:58,692 into the church while there was over 464 00:28:58,736 --> 00:29:02,174 500 people at the funeral, and the police told us 465 00:29:02,218 --> 00:29:05,264 they would have some undercover agents watching, 466 00:29:05,308 --> 00:29:07,136 because they didn't know for sure if this person was, 467 00:29:07,179 --> 00:29:09,660 you know, after her, or after us. 468 00:29:09,703 --> 00:29:12,576 And you get kind of paranoid of anything like that happening 469 00:29:12,619 --> 00:29:15,187 until they finally catch the right person. 470 00:29:17,233 --> 00:29:19,409 The day after Mindy's funeral, 471 00:29:19,452 --> 00:29:23,848 investigators receive surprising news from the crime lab. 472 00:29:23,892 --> 00:29:25,502 The state crime lab called, 473 00:29:25,545 --> 00:29:27,634 and said that we have a positive match 474 00:29:28,722 --> 00:29:30,289 of the DNA. 475 00:29:30,333 --> 00:29:33,640 The DNA extracted from under the fingernails 476 00:29:33,684 --> 00:29:38,515 of Mindy matched an unsolved brutal sexual assault 477 00:29:38,558 --> 00:29:40,691 in Fargo two years previously. 478 00:29:42,301 --> 00:29:46,262 And when we found out who the person was, 479 00:29:47,350 --> 00:29:49,395 it was just kind of silence. 480 00:29:49,439 --> 00:29:51,180 The news was a shock. 481 00:30:01,407 --> 00:30:02,974 One week after the murder 482 00:30:03,018 --> 00:30:05,368 of 22-year-old Mindy Morgenstern, 483 00:30:06,935 --> 00:30:09,024 detectives received DNA test results 484 00:30:09,067 --> 00:30:11,113 that turned the case on its head. 485 00:30:12,723 --> 00:30:15,160 The DNA from every one of the suspects, 486 00:30:15,204 --> 00:30:20,209 Kuznia, Wolters, Lynds, and the others all came back 487 00:30:21,253 --> 00:30:22,864 as not a match to the DNA found 488 00:30:22,907 --> 00:30:24,430 under Mindy's fingernails. 489 00:30:25,910 --> 00:30:28,304 I asked, "Who is it?" 490 00:30:28,347 --> 00:30:30,915 They told me it was Moe Gibbs. 491 00:30:32,351 --> 00:30:37,356 When they got the match, it was just, wow. 492 00:30:39,228 --> 00:30:42,492 The DNA match of Moe Gibbs is really unexpected for us. 493 00:30:43,406 --> 00:30:44,711 I knew him personally. 494 00:30:44,755 --> 00:30:47,105 He was a correctional officer, 495 00:30:47,149 --> 00:30:50,369 and it really caught me off guard that somebody 496 00:30:50,413 --> 00:30:53,416 in the law enforcement community would have done 497 00:30:53,459 --> 00:30:55,200 something like this. 498 00:30:55,244 --> 00:30:57,072 When detectives look deep 499 00:30:57,115 --> 00:31:01,293 into Moe's background, they discover a hidden past. 500 00:31:01,337 --> 00:31:04,470 Moe Gibbs was not the man we thought he was. 501 00:31:04,514 --> 00:31:06,385 When we started digging into his background, 502 00:31:06,429 --> 00:31:10,128 we had found out that he'd actually changed his name. 503 00:31:10,172 --> 00:31:13,262 We found out that he was involved in a drive-by shooting, 504 00:31:13,305 --> 00:31:15,481 and he had served five years in prison. 505 00:31:17,266 --> 00:31:21,313 Also, his DNA matched this reported rape in Fargo 506 00:31:21,357 --> 00:31:23,272 from two years previously. 507 00:31:28,016 --> 00:31:30,496 Given Moe's violent criminal past, 508 00:31:30,540 --> 00:31:32,498 detectives come up with a strategy 509 00:31:32,542 --> 00:31:34,500 to lure him into the station. 510 00:31:36,285 --> 00:31:38,069 We had called Moe, and asked him if he would be willing 511 00:31:38,113 --> 00:31:41,159 to come in, just to eliminate him as a suspect. 512 00:31:41,203 --> 00:31:44,989 We were playing on his friendship with law enforcement. 513 00:31:45,033 --> 00:31:49,124 The idea was to get them in, lock him in to a story, 514 00:31:49,167 --> 00:31:51,343 and then immediately give them a polygraph. 515 00:31:53,128 --> 00:31:55,260 Moe Gibbs, who lived in the apartment building 516 00:31:55,304 --> 00:31:59,090 that Mindy lived in, and he said that he had seen 517 00:31:59,134 --> 00:32:03,268 her around, but he really didn't know her at all. 518 00:32:03,312 --> 00:32:06,271 Moe said that he had worked at the jail 519 00:32:06,315 --> 00:32:08,839 the previous night, had gotten home 520 00:32:08,882 --> 00:32:13,278 about seven in the morning, and then he started packing 521 00:32:13,322 --> 00:32:16,325 and loading boxes out of the apartment. 522 00:32:27,901 --> 00:32:30,208 Scratches were observed on Moe's hands, 523 00:32:30,252 --> 00:32:33,820 and Moe stated that he got those scratches 524 00:32:33,864 --> 00:32:35,518 from moving boxes. 525 00:32:38,042 --> 00:32:41,089 The polygraph operator asked him if he'd ever been 526 00:32:41,132 --> 00:32:43,265 in Mindy's room, or in her apartment. 527 00:32:49,488 --> 00:32:51,577 He stated that she was trying to carry 528 00:32:51,621 --> 00:32:54,102 a laundry basket, and some other things 529 00:32:54,145 --> 00:32:58,149 all at the same time, and he assisted her in carrying 530 00:32:58,193 --> 00:32:59,629 that laundry to her apartment. 531 00:33:01,196 --> 00:33:03,589 I'm thinking that he wanted to have an excuse 532 00:33:03,633 --> 00:33:05,939 for having evidence in that apartment. 533 00:33:07,376 --> 00:33:09,334 With Moe's story in place, 534 00:33:09,378 --> 00:33:11,032 the polygraph can begin. 535 00:33:22,086 --> 00:33:25,394 At the conclusion of the polygraph examination, 536 00:33:25,437 --> 00:33:27,613 the examiner felt that there was 537 00:33:27,657 --> 00:33:29,572 some indication of deception. 538 00:34:05,651 --> 00:34:07,653 At that point, we didn't think 539 00:34:07,697 --> 00:34:10,482 that he was really gonna ever admit to anything, 540 00:34:10,526 --> 00:34:12,310 at least that day. 541 00:34:52,611 --> 00:34:55,658 He was arrested immediately after that interview, 542 00:34:55,701 --> 00:34:57,486 and charged with murder. 543 00:35:12,022 --> 00:35:15,025 News of Moe's arrest opens a floodgate 544 00:35:15,068 --> 00:35:17,070 of shocking accusations. 545 00:35:18,463 --> 00:35:20,204 A number of female inmates in the jail 546 00:35:20,248 --> 00:35:23,207 where Moe Gibbs worked came forward and said. 547 00:35:23,251 --> 00:35:26,384 'He's been doing sexual stuff to us in the jail 548 00:35:26,428 --> 00:35:28,560 for weeks or months." 549 00:35:36,438 --> 00:35:38,179 Moe is charged with six felonies 550 00:35:38,222 --> 00:35:40,050 for the sexual assaults, 551 00:35:40,093 --> 00:35:43,619 and one count of first degree murder. 552 00:35:43,662 --> 00:35:46,230 It was a very, very much a shock 553 00:35:46,274 --> 00:35:50,016 when they revealed who was arrested. 554 00:35:50,060 --> 00:35:53,106 I was very surprised, and very shocked, 555 00:35:53,150 --> 00:35:55,718 due to the fact I knew him personally, 556 00:35:55,761 --> 00:35:59,025 but it was a great feeling to get the person 557 00:35:59,069 --> 00:36:01,376 who had done this horrific crime. 558 00:36:03,204 --> 00:36:06,207 We went to trial in Minot, North Dakota, provided evidence 559 00:36:06,250 --> 00:36:10,123 to the jury there about the DNA under her fingernails, 560 00:36:10,167 --> 00:36:12,038 the scratches on his hand. 561 00:36:14,084 --> 00:36:16,217 Despite the evidence against him, 562 00:36:16,260 --> 00:36:19,394 Moe's lawyers mount a strong defense. 563 00:36:19,437 --> 00:36:21,570 Their argument was the DNA found 564 00:36:21,613 --> 00:36:25,356 in Mindy's fingernails was probably touched DNA 565 00:36:25,400 --> 00:36:27,053 that she got from door knobs 566 00:36:27,097 --> 00:36:28,707 that Moe Gibbs had been touching. 567 00:36:30,492 --> 00:36:34,365 I went into the jury deliberations believing strongly 568 00:36:34,409 --> 00:36:37,281 that we'd proved our case beyond a reasonable doubt. 569 00:36:37,325 --> 00:36:41,459 On July 12th, 2007, the jury returns 570 00:36:41,503 --> 00:36:46,508 to the courtroom with news that takes everyone by surprise. 571 00:36:48,336 --> 00:36:50,076 The jury deliberated for a fair period of time, 572 00:36:50,120 --> 00:36:52,122 and came back as a hung jury, 573 00:36:52,165 --> 00:36:55,691 and could not reach a decision. 574 00:36:55,734 --> 00:36:57,649 We were so sure 575 00:36:57,693 --> 00:37:00,173 he was gonna go down, 576 00:37:00,217 --> 00:37:02,175 but they just got him off. 577 00:37:03,568 --> 00:37:04,656 You kind of went home and you were thinking, 578 00:37:04,700 --> 00:37:05,744 what are we gonna do now? 579 00:37:12,577 --> 00:37:15,580 Corrections officer Moe Gibbs has just been 580 00:37:15,624 --> 00:37:19,889 tried for the murder of 22-year-old Mindy Morgenstern, 581 00:37:19,932 --> 00:37:22,979 but when the verdict comes back a hung jury, 582 00:37:23,022 --> 00:37:26,069 Mindy's loved ones are left fearing the worst. 583 00:37:29,725 --> 00:37:31,553 I was very shocked. 584 00:37:31,596 --> 00:37:32,336 I think everybody was. 585 00:37:34,207 --> 00:37:37,210 I don't think I would ever expect that outcome at all. 586 00:37:39,038 --> 00:37:41,084 When we heard it was a hung jury, I just thought 587 00:37:41,127 --> 00:37:43,260 it's all over with now. 588 00:37:43,304 --> 00:37:44,783 They're gonna let him go. 589 00:37:47,395 --> 00:37:49,266 Was it possible that Moe had not killed 590 00:37:49,310 --> 00:37:53,923 Mindy after all, or was a murderer about to go free? 591 00:37:56,142 --> 00:37:58,101 When a hung jury like that happens, 592 00:37:58,144 --> 00:38:01,626 it's extremely disappointing and hard to understand 593 00:38:01,670 --> 00:38:05,064 for people, because it's just a temporary setback. 594 00:38:06,849 --> 00:38:08,590 I was absolutely certain we had the right guy. 595 00:38:08,633 --> 00:38:11,070 In the Minot trial, the defense, 596 00:38:11,114 --> 00:38:12,942 the one thing they really hung 597 00:38:12,985 --> 00:38:16,772 their hat on was that trying to say it was just touched DNA. 598 00:38:16,815 --> 00:38:19,688 We felt it was obvious that to get DNA 599 00:38:19,731 --> 00:38:21,777 under your fingernails, it wasn't from touching 600 00:38:21,820 --> 00:38:23,256 any kind of doorknob. 601 00:38:23,300 --> 00:38:25,389 So we wanted to totally rule that out, 602 00:38:25,433 --> 00:38:28,610 and we're able to find another expert to help us do that. 603 00:38:30,089 --> 00:38:32,657 On October 22nd, 2007, 604 00:38:32,701 --> 00:38:34,964 more than a year after Mindy's murder, 605 00:38:35,007 --> 00:38:38,184 Moe Gibbs goes on trial for the second time. 606 00:38:40,056 --> 00:38:43,799 The expert described this as a vigorous assault. 607 00:38:43,842 --> 00:38:47,672 The amount of DNA was not from touching a doorknob 608 00:38:47,716 --> 00:38:49,152 or a laundry basket. 609 00:38:50,849 --> 00:38:53,635 The prosecution lays out further evidence, 610 00:38:53,678 --> 00:38:56,202 carefully building the case against Moe. 611 00:38:57,856 --> 00:39:00,642 Moe Gibb's phone was seized after his arrest, 612 00:39:00,685 --> 00:39:04,950 and there were never times when he went for an hour 613 00:39:04,994 --> 00:39:08,171 or more that he was not texting, 614 00:39:08,214 --> 00:39:10,347 or doing something with his phone. 615 00:39:12,262 --> 00:39:16,005 He got off at seven in the morning from his shift, 616 00:39:16,048 --> 00:39:19,965 and he was continually either emailing or texting people 617 00:39:20,009 --> 00:39:24,666 until he had to go pick up his fiance to go to lunch. 618 00:39:24,709 --> 00:39:28,670 He dropped her back off from 12:30 or 1:00, 619 00:39:28,713 --> 00:39:31,281 and that's when we believe he came back 620 00:39:31,324 --> 00:39:32,804 to the apartment building. 621 00:39:36,025 --> 00:39:39,985 Mindy's last missed call was at 12:47 that day, 622 00:39:40,029 --> 00:39:41,857 and for the next two hours, 623 00:39:41,900 --> 00:39:43,946 Moe Gibbs was doing something else 624 00:39:43,989 --> 00:39:46,383 other than sending texts or sending emails. 625 00:39:49,125 --> 00:39:50,866 With DNA 626 00:39:50,909 --> 00:39:52,824 and other evidence placing Moe at the scene, 627 00:39:52,868 --> 00:39:55,740 the prosecution lays out their theory of the murder. 628 00:39:57,263 --> 00:39:59,440 I believe that Mindy was carrying clothes 629 00:39:59,483 --> 00:40:04,270 into her apartment, and Moe Gibbs was in the hallway, 630 00:40:06,098 --> 00:40:07,186 and got her in there, and pushed her on the floor, 631 00:40:07,230 --> 00:40:08,927 and attempted to rape her. 632 00:40:10,451 --> 00:40:12,714 I think Mindy fought back, 633 00:40:12,757 --> 00:40:15,368 and things went drastically wrong. 634 00:40:17,283 --> 00:40:19,155 I think what happened was he tried strangling her 635 00:40:19,198 --> 00:40:22,767 with a belt, and it wasn't going as he wanted it to. 636 00:40:22,811 --> 00:40:24,465 She wasn't dying fast enough, 637 00:40:26,118 --> 00:40:30,166 so he got a knife, and he stabbed her, 638 00:40:30,209 --> 00:40:34,083 and then when he got done, he finds a cleaning solution, 639 00:40:34,126 --> 00:40:35,127 dumps it on her body, 640 00:40:36,520 --> 00:40:38,870 and then he gets the heck out of there. 641 00:40:40,829 --> 00:40:43,440 Then he starts back with the texting and emailing, 642 00:40:43,484 --> 00:40:44,789 and went on with his life. 643 00:40:50,491 --> 00:40:53,494 As Moe's second murder trial concludes, 644 00:40:53,537 --> 00:40:56,497 prosecutors have one final card to play. 645 00:40:58,063 --> 00:41:00,152 There was a cellmate of Moe Gibbs 646 00:41:00,196 --> 00:41:04,243 while he was awaiting trial that had told investigators 647 00:41:04,287 --> 00:41:09,292 that Moe had admitted to killing Mindy. 648 00:41:10,815 --> 00:41:12,208 Gibbs had told them that he'd done it, 649 00:41:12,251 --> 00:41:14,123 and do it again if he had the opportunity. 650 00:41:19,302 --> 00:41:22,958 As the jury deliberates for a second time, 651 00:41:23,001 --> 00:41:26,962 Mindy's loved ones nervously await the outcome. 652 00:41:27,005 --> 00:41:28,964 And I was wondering what's going on? 653 00:41:29,007 --> 00:41:30,879 I wanted to know things. 654 00:41:30,922 --> 00:41:34,317 I wanted to hear what was coming out of their mouths. 655 00:41:36,275 --> 00:41:39,061 On November 16th, 2007, 656 00:41:39,104 --> 00:41:41,977 after deliberating for over 27 hours, 657 00:41:42,020 --> 00:41:44,240 the jury returns with the verdict. 658 00:41:46,198 --> 00:41:49,201 We the jury do find the defendant, 659 00:41:49,245 --> 00:41:54,076 Moe M. Gibbs, guilty of the crime of murder. 660 00:41:56,121 --> 00:41:58,297 For killing Mindy Morgenstern, 661 00:41:58,341 --> 00:42:01,823 Moe Gibbs is sentenced to life without parole. 662 00:42:06,567 --> 00:42:10,135 He got a 12-year sentence on the unsolved rape, 663 00:42:10,179 --> 00:42:14,575 and 15 years on the jail sexual assaults that had happened. 664 00:42:17,926 --> 00:42:20,624 It was a relief that they finally caught the person, 665 00:42:20,668 --> 00:42:22,452 that he wasn't gonna be out there to do it 666 00:42:22,495 --> 00:42:24,410 to somebody else again. 667 00:42:24,454 --> 00:42:27,849 The fact that Moe Gibbs is gonna be in prison, 668 00:42:27,892 --> 00:42:32,070 it was finally over with, we could finally go on, 669 00:42:33,463 --> 00:42:35,552 and just try to get through life, 670 00:42:35,596 --> 00:42:38,033 the rest of the time that we had. 671 00:42:39,077 --> 00:42:40,862 Moe got what he deserved. 672 00:42:40,905 --> 00:42:45,388 Because of Mindy's actions, and her strength, 673 00:42:45,431 --> 00:42:48,304 we were able to get the DNA that we needed, 674 00:42:48,347 --> 00:42:51,350 and that DNA helped us solve this case. 675 00:42:53,918 --> 00:42:56,094 Though justice is served, 676 00:42:56,138 --> 00:42:59,445 nothing can dull the pain of Mindy's loss. 677 00:43:01,056 --> 00:43:03,972 Oh, I miss Mindy so much every day. 678 00:43:04,015 --> 00:43:05,408 You never get over it, 679 00:43:05,451 --> 00:43:08,150 but you go on, and you pray for that time 680 00:43:08,193 --> 00:43:12,154 when you can see her again, up there in the heavens. 681 00:43:12,197 --> 00:43:13,416 That's where I know she's at. 682 00:43:16,288 --> 00:43:19,204 I like to remember her smile. 683 00:43:19,248 --> 00:43:22,251 I have a picture of her on my refrigerator, 684 00:43:22,294 --> 00:43:24,557 and the light just radiates from her face, 685 00:43:24,601 --> 00:43:26,429 and she's so happy, 686 00:43:26,472 --> 00:43:28,518 and that's the way I like to remember her.