1 00:00:01,783 --> 00:00:03,655 [compelling music] 2 00:00:03,698 --> 00:00:05,483 [Narrator] A popular and fun-loving college student. 3 00:00:05,526 --> 00:00:08,355 Mindy was a very bubbly person. 4 00:00:08,399 --> 00:00:10,357 She always seemed to be happy. 5 00:00:10,401 --> 00:00:14,796 She had a light in her eyes, and she accepted everyone. 6 00:00:14,840 --> 00:00:19,366 [Narrator] Is found savagely murdered in her apartment. 7 00:00:19,410 --> 00:00:21,107 There was a belt wrapped around her neck, 8 00:00:21,151 --> 00:00:23,805 and appeared to be a broken off-knife 9 00:00:23,849 --> 00:00:25,677 still stuck in her throat. 10 00:00:25,720 --> 00:00:27,461 [Narrator] Police need to determine, 11 00:00:27,505 --> 00:00:29,637 was this a sinister obsession? 12 00:00:35,382 --> 00:00:38,733 He had called and left numerous messages 13 00:00:38,777 --> 00:00:40,692 on her cell phone. 14 00:00:40,735 --> 00:00:44,261 Just really a strange type of relationship. 15 00:00:44,304 --> 00:00:46,437 [Narrator] A crucial piece of evidence. 16 00:00:46,480 --> 00:00:48,830 There was some material under the fingernails 17 00:00:48,874 --> 00:00:50,441 of her left hand. 18 00:00:54,793 --> 00:00:57,404 [Narrator] Shines a light on a dangerous predator 19 00:00:57,448 --> 00:00:59,406 no one saw coming. 20 00:00:59,450 --> 00:01:02,235 I was very shocked, I think everybody was. 21 00:01:02,279 --> 00:01:05,108 He was not the man we thought he was. 22 00:01:05,151 --> 00:01:08,589 I don't think I would ever expect that outcome at all. 23 00:01:08,633 --> 00:01:11,592 [compelling music] 24 00:01:20,427 --> 00:01:22,429 [phone ringing] 25 00:01:38,489 --> 00:01:41,187 [suspenseful music] 26 00:01:41,231 --> 00:01:43,146 I remember trying to call Mindy a few times, 27 00:01:43,189 --> 00:01:44,843 and she wasn't answering, 28 00:01:44,886 --> 00:01:47,628 so me and my friend Danielle drove, and parked in front 29 00:01:47,672 --> 00:01:50,153 of her apartment across the street. 30 00:01:50,196 --> 00:01:53,504 I ran inside, and knocked on the door, 31 00:01:53,547 --> 00:01:56,376 and there was no answer, but it wasn't locked, 32 00:01:56,420 --> 00:01:58,683 and so I opened the door and I stepped in, 33 00:01:58,726 --> 00:02:03,340 and about two steps in, I saw something on the ground, 34 00:02:03,383 --> 00:02:04,645 right in front of my feet. 35 00:02:04,689 --> 00:02:07,648 [suspenseful music] 36 00:02:07,692 --> 00:02:08,693 It was Mindy, 37 00:02:10,390 --> 00:02:12,566 and then I noticed something around her neck. 38 00:02:12,610 --> 00:02:15,830 [Narrator] Horrified, Mindy's friend rushes outside 39 00:02:15,874 --> 00:02:17,354 to call 9 1 1. 40 00:02:18,355 --> 00:02:20,270 [suspenseful music] 41 00:02:20,313 --> 00:02:22,402 About 10 minutes before 9:00 that night, 42 00:02:22,446 --> 00:02:24,274 dispatch called me at my house, 43 00:02:24,317 --> 00:02:28,452 and said that they got a hysterical caller on the phone. 44 00:02:28,495 --> 00:02:32,325 I got the address, and it was one block from my house. 45 00:02:32,369 --> 00:02:35,198 When I have arrived, both Danielle 46 00:02:35,241 --> 00:02:39,332 and Toni were very distraught, very upset. 47 00:02:39,376 --> 00:02:41,552 [suspenseful music] 48 00:02:41,595 --> 00:02:45,251 The apartment was located on the second floor 49 00:02:45,295 --> 00:02:46,296 of the building. 50 00:02:47,906 --> 00:02:50,778 As I entered, I could smell a very strong order, 51 00:02:50,822 --> 00:02:53,825 like an ammonia disinfectant. 52 00:02:53,868 --> 00:02:57,220 The body of the victim was 53 00:02:57,263 --> 00:03:01,224 laying across the entry hallway. 54 00:03:01,267 --> 00:03:04,749 And it appeared her throat had been half cut open. 55 00:03:06,577 --> 00:03:07,969 [Narrator] Detectives begin their investigation, 56 00:03:08,013 --> 00:03:09,884 and identify the victim 57 00:03:09,928 --> 00:03:14,715 as 22-year-old college senior, Mindy Morgenstern. 58 00:03:14,759 --> 00:03:16,369 I knew Mindy. 59 00:03:16,413 --> 00:03:18,545 She was a student at the college. 60 00:03:18,589 --> 00:03:20,547 I had seen her at a lot of their events, 61 00:03:20,591 --> 00:03:23,376 and to see that it was her, 62 00:03:23,420 --> 00:03:27,380 I was really surprised, and quite shocked. 63 00:03:27,424 --> 00:03:28,816 [suspenseful music] 64 00:03:28,860 --> 00:03:30,644 There was a belt wrapped around her neck, 65 00:03:30,688 --> 00:03:32,516 and appeared to be a 66 00:03:32,559 --> 00:03:35,519 broken off knife, still stuck in her throat. 67 00:03:37,347 --> 00:03:39,914 It appeared that the belt was applied to the neck 68 00:03:39,958 --> 00:03:42,830 prior to the neck being cut. 69 00:03:42,874 --> 00:03:44,919 [Narrator] Investigators find an empty bottle 70 00:03:44,963 --> 00:03:47,792 of disinfectant beside the body. 71 00:03:47,835 --> 00:03:51,622 Somebody had poured the disinfectant over her body, 72 00:03:51,665 --> 00:03:55,930 possibly trying to destroy any type of evidence. 73 00:03:55,974 --> 00:03:58,324 [suspenseful music] 74 00:03:58,368 --> 00:04:00,587 [Narrator] The killer tried to cover their tracks, 75 00:04:00,631 --> 00:04:04,330 but investigators find something they missed. 76 00:04:04,374 --> 00:04:07,638 There was some material under the fingernails 77 00:04:07,681 --> 00:04:10,336 of her left hand, where possibly, 78 00:04:10,380 --> 00:04:13,426 Mindy had scratched her assailant. 79 00:04:13,470 --> 00:04:18,431 We felt that this was gonna be a DNA forensic type case, 80 00:04:18,475 --> 00:04:20,781 based on the materials that were found 81 00:04:20,825 --> 00:04:22,870 under Mindy's fingernails. 82 00:04:22,914 --> 00:04:27,005 And to preserve that, the hands are placed 83 00:04:27,048 --> 00:04:29,007 in bags for autopsy. 84 00:04:30,835 --> 00:04:34,621 She had a purse around her right arm. 85 00:04:34,665 --> 00:04:38,364 Her wallet was laying just outside of the purse. 86 00:04:38,408 --> 00:04:40,671 It didn't appear that they'd been gone through, 87 00:04:40,714 --> 00:04:43,064 or anything removed from them. 88 00:04:43,108 --> 00:04:45,850 There was clean laundry around the body 89 00:04:45,893 --> 00:04:47,591 in a laundry basket. 90 00:04:47,634 --> 00:04:50,420 It almost appeared as if she was attacked 91 00:04:50,463 --> 00:04:52,813 as she was going in the door with that laundry. 92 00:04:52,857 --> 00:04:54,641 [suspenseful music] 93 00:04:54,685 --> 00:04:57,992 It did not look like the apartment had been ransacked, 94 00:04:58,036 --> 00:05:02,388 or gone through, so it didn't appear that theft was a motive 95 00:05:02,432 --> 00:05:03,998 in this killing. 96 00:05:04,042 --> 00:05:06,827 There was no sign of any forced entry into the apartment. 97 00:05:06,871 --> 00:05:09,743 It told us that the person was either in her apartment, 98 00:05:09,787 --> 00:05:11,354 or followed her in. 99 00:05:11,397 --> 00:05:13,486 [suspenseful music] 100 00:05:13,530 --> 00:05:18,448 Her cell phone was located, and the first missed call 101 00:05:18,491 --> 00:05:22,452 on that phone was at 12:47 PM 102 00:05:22,495 --> 00:05:24,845 on September 13th. 103 00:05:24,889 --> 00:05:26,673 That gave us some indication 104 00:05:26,717 --> 00:05:29,981 as to what time the attack may have occurred. 105 00:05:30,024 --> 00:05:31,635 [suspenseful music] 106 00:05:31,678 --> 00:05:34,377 [Narrator] By 10:00 PM, more than nine hours 107 00:05:34,420 --> 00:05:36,422 after the first missed call, 108 00:05:36,466 --> 00:05:38,903 detectives have little to go on as they work 109 00:05:38,946 --> 00:05:40,731 into the night at the crime scene. 110 00:05:42,559 --> 00:05:45,562 When we first left the scene the following morning, 111 00:05:45,605 --> 00:05:50,044 we had no clear indication of who may have done this. 112 00:05:50,088 --> 00:05:53,091 [suspenseful music] 113 00:05:54,701 --> 00:05:56,442 [Narrator] Police reach Mindy's sister 114 00:05:56,486 --> 00:05:58,401 to inform her of the murder, 115 00:05:58,444 --> 00:06:01,534 and she delivers the tragic news to her parents. 116 00:06:03,144 --> 00:06:05,930 Front doorbell rang, and I said, "Who's there?" 117 00:06:05,973 --> 00:06:08,498 And Rebecca, our daughter, she said, "It's me, Dad. 118 00:06:09,499 --> 00:06:10,848 I've got some bad news." 119 00:06:12,719 --> 00:06:15,896 And then Rebecca said to me that, 120 00:06:15,940 --> 00:06:18,421 "Mom, Mindy is dead." 121 00:06:19,857 --> 00:06:21,859 It was just like somebody taking a knife, 122 00:06:21,902 --> 00:06:24,775 and just sticking it right into your heart. 123 00:06:26,603 --> 00:06:30,563 I just wanted to try to just say, "No, this isn't real. 124 00:06:30,607 --> 00:06:31,956 This didn't happen." 125 00:06:33,044 --> 00:06:35,046 I didn't want it to be true. 126 00:06:35,089 --> 00:06:37,918 She had such a loving, loving heart, 127 00:06:37,962 --> 00:06:39,833 and I loved her very much. 128 00:06:42,488 --> 00:06:47,188 [Narrator] Born in Bogota, Colombia on April 29th, 1984, 129 00:06:47,232 --> 00:06:50,801 Mindy was adopted as a baby by Valley City farmers, 130 00:06:50,844 --> 00:06:52,977 Larry and Eunice Morgenstern. 131 00:06:54,805 --> 00:06:57,982 The first time I saw Mindy, she had the biggest, darkest, 132 00:06:58,025 --> 00:07:02,029 most beautiful eyes that I had ever seen. 133 00:07:02,073 --> 00:07:05,511 It was pretty, pretty, very amazing to see this little, 134 00:07:05,555 --> 00:07:07,861 little character in a basket that she brought home 135 00:07:07,905 --> 00:07:09,776 to be part of our family. 136 00:07:12,562 --> 00:07:13,693 [Narrator] Mindy was the youngest 137 00:07:13,737 --> 00:07:15,695 of four Morgenstern children, 138 00:07:15,739 --> 00:07:19,177 three of them adopted by Larry and Eunice. 139 00:07:19,220 --> 00:07:22,963 Mindy was very much a tomboy, and as she grew up, 140 00:07:23,007 --> 00:07:25,183 she got so beautiful. 141 00:07:25,226 --> 00:07:28,621 She didn't really realize that she would be looked upon 142 00:07:28,665 --> 00:07:32,973 as somebody that would turn boys' heads. 143 00:07:34,540 --> 00:07:36,673 [Narrator] After high school, Mindy moved 144 00:07:36,716 --> 00:07:41,068 to Valley City, and dove headlong into college life. 145 00:07:41,112 --> 00:07:43,941 She just seemed to enjoy all the friends 146 00:07:43,984 --> 00:07:45,812 that she had there. 147 00:07:45,856 --> 00:07:50,730 Mindy was a very friendly, outgoing, bubbly person. 148 00:07:52,079 --> 00:07:53,907 She just always seemed to be happy. 149 00:07:53,951 --> 00:07:57,955 She had a light in her eyes, and she accepted everyone. 150 00:07:57,998 --> 00:08:00,566 [Narrator] Mindy's future was looking bright, 151 00:08:00,610 --> 00:08:04,309 until the stunning attack that cut her down in her prime. 152 00:08:05,223 --> 00:08:08,792 It was very difficult 153 00:08:08,835 --> 00:08:10,924 to see Mindy's body 154 00:08:10,968 --> 00:08:15,102 in the condition that it was in when we found her. 155 00:08:15,146 --> 00:08:17,104 I wanted to find out who did this, 156 00:08:17,148 --> 00:08:20,717 because she was loved by a lot of people in our community. 157 00:08:22,588 --> 00:08:24,024 [Narrator] Back at the crime scene, 158 00:08:24,068 --> 00:08:26,897 Mindy's two friends tell detectives they weren't 159 00:08:26,940 --> 00:08:29,856 the only ones to see Mindy's body. 160 00:08:29,900 --> 00:08:32,032 [suspenseful music] 161 00:08:32,076 --> 00:08:36,559 When Toni found Mindy at the scene, she screamed, 162 00:08:36,602 --> 00:08:39,910 which alerted a man in a neighboring apartment 163 00:08:39,953 --> 00:08:43,740 to come out to see what was wrong. 164 00:08:45,611 --> 00:08:49,615 He was there when I first entered the apartment complex, 165 00:08:49,659 --> 00:08:53,663 and they showed me where Mindy was located. 166 00:08:53,706 --> 00:08:56,579 He told investigators that he checked for pulse, 167 00:08:56,622 --> 00:09:01,105 using the back of his hand, to not leave any fingerprints 168 00:09:01,148 --> 00:09:02,149 on the victim. 169 00:09:03,977 --> 00:09:08,678 It was a little odd, because people don't describe things 170 00:09:10,114 --> 00:09:12,116 like that, like using the back of their hand 171 00:09:12,159 --> 00:09:13,987 so they don't leave fingerprints, and things like that. 172 00:09:14,031 --> 00:09:15,859 If he was there to help, I couldn't understand 173 00:09:15,902 --> 00:09:18,035 why he'd be worried about something like that. 174 00:09:18,078 --> 00:09:19,906 [suspenseful music] 175 00:09:19,950 --> 00:09:22,735 [Narrator] Police identify the man as Robert Lynds, 176 00:09:22,779 --> 00:09:26,086 and soon notice a telling detail about him. 177 00:09:26,130 --> 00:09:29,133 He had scratches on his hands that would correspond 178 00:09:29,176 --> 00:09:32,615 to someone trying to get your hands off of them 179 00:09:32,658 --> 00:09:34,138 when they were being attacked. 180 00:09:35,661 --> 00:09:36,793 [Narrator] Had Mindy scratched Robert 181 00:09:36,836 --> 00:09:38,838 as she fought for her life? 182 00:09:38,882 --> 00:09:40,884 Robert Lynds having those scratches, 183 00:09:40,927 --> 00:09:42,625 being in the same building, 184 00:09:42,668 --> 00:09:45,889 he certainly needed to be looked at. 185 00:09:45,932 --> 00:09:47,804 [suspenseful music] 186 00:09:47,847 --> 00:09:51,111 A lot of times, a person at the crime scene is the person 187 00:09:51,155 --> 00:09:52,852 that committed the crime, 188 00:09:52,896 --> 00:09:54,985 and any evidence of them is found, 189 00:09:56,421 --> 00:09:58,641 they have an excuse for saying why it was there. 190 00:09:58,684 --> 00:10:02,296 [suspenseful music] 191 00:10:02,340 --> 00:10:03,950 [Narrator] Coming up, 192 00:10:03,994 --> 00:10:06,692 detectives uncover a world of secrets. 193 00:10:15,135 --> 00:10:17,311 It turned out upon checking his background, 194 00:10:17,355 --> 00:10:19,879 that he had a felony record. 195 00:10:19,923 --> 00:10:22,099 [Narrator] And as they zero in on a killer. 196 00:10:22,142 --> 00:10:24,405 I was absolutely certain we had the right guy. 197 00:10:24,449 --> 00:10:28,714 [Narrator] A stunning setback turns the case on its head. 198 00:10:28,758 --> 00:10:31,891 I just thought it's all over with now. 199 00:10:31,935 --> 00:10:33,327 They're gonna let him go. 200 00:10:33,371 --> 00:10:35,982 This case was a shock to everybody. 201 00:10:36,026 --> 00:10:39,420 When we found out who the person was, 202 00:10:39,464 --> 00:10:42,075 it was just, wow. 203 00:10:42,119 --> 00:10:45,078 [suspenseful music] 204 00:10:50,605 --> 00:10:52,782 [suspenseful music] 205 00:10:52,825 --> 00:10:54,653 [Narrator] Police, investigating the murder 206 00:10:54,697 --> 00:10:58,701 of 22-year-old college student Mindy Morgenstern 207 00:10:58,744 --> 00:11:01,486 have just identified their first suspect, 208 00:11:01,529 --> 00:11:04,315 her neighbor, Robert Lynds. 209 00:11:04,358 --> 00:11:05,751 [suspenseful music] 210 00:11:05,795 --> 00:11:07,840 When officers met Robert Lynds, 211 00:11:07,884 --> 00:11:10,756 they noticed some scratches on his hands. 212 00:11:10,800 --> 00:11:14,325 And he also used the back of his hand 213 00:11:14,368 --> 00:11:17,720 to see if she was deceased or not. 214 00:11:19,547 --> 00:11:21,898 His concern was he didn't want to leave any fingerprints 215 00:11:21,941 --> 00:11:24,248 or DNA in the apartment, 216 00:11:24,291 --> 00:11:27,512 because he had nothing to do with the incident. 217 00:11:27,555 --> 00:11:29,340 [suspenseful music] 218 00:11:29,383 --> 00:11:32,386 [Narrator] Suspicions aroused, police bring Robert Lynds 219 00:11:32,430 --> 00:11:34,432 into the station for an interview. 220 00:11:38,871 --> 00:11:41,265 All he knew about her is that she was a pretty girl, 221 00:11:41,308 --> 00:11:43,267 and that she lived in the apartment building. 222 00:11:43,310 --> 00:11:44,877 [suspenseful music] 223 00:11:44,921 --> 00:11:46,792 [Narrator] When investigators dig into Robert's history, 224 00:11:46,836 --> 00:11:49,360 they find something troubling. 225 00:11:49,403 --> 00:11:52,363 It turned out upon checking his background 226 00:11:52,406 --> 00:11:54,713 that he had a felony record. 227 00:12:03,983 --> 00:12:07,204 Robert Lynds was in the criminal system out in California. 228 00:12:07,247 --> 00:12:10,294 He's street smart, and he knew not to leave 229 00:12:10,337 --> 00:12:11,861 fingerprints at a crime scene. 230 00:12:13,427 --> 00:12:15,212 [Narrator] Detectives ask Robert how he got 231 00:12:15,255 --> 00:12:16,822 the scratches on his hands. 232 00:12:30,488 --> 00:12:33,752 He claimed he worked at a place where they built 233 00:12:33,796 --> 00:12:35,754 steel buildings, and stuff like that, 234 00:12:35,798 --> 00:12:39,584 and he got the bruises on his hands from his job. 235 00:12:39,627 --> 00:12:41,455 [Narrator] Police cut to the chase, 236 00:12:41,499 --> 00:12:44,850 and ask Robert where he was on the day Mindy was murdered. 237 00:12:53,903 --> 00:12:56,775 Robert Lynds told investigators that he had been 238 00:12:56,819 --> 00:13:00,431 at at work that day from seven in the morning, 239 00:13:00,474 --> 00:13:05,479 and he didn't arrive home his apartment until about 5:30. 240 00:13:06,567 --> 00:13:07,612 We talked to his employer. 241 00:13:07,655 --> 00:13:08,874 He did work all day. 242 00:13:08,918 --> 00:13:10,528 He did work with steel, 243 00:13:10,571 --> 00:13:12,443 so it's very easy for him to cut his hands. 244 00:13:12,486 --> 00:13:15,881 So there was really nothing to put him at that apartment 245 00:13:15,925 --> 00:13:17,970 at the time the crime occurred. 246 00:13:19,667 --> 00:13:21,626 [Narrator] Still, police aren't ready 247 00:13:21,669 --> 00:13:23,933 to rule out Robert just yet. 248 00:13:23,976 --> 00:13:27,675 We asked him to provide DNA sample, which she agreed to. 249 00:13:29,503 --> 00:13:31,941 [Narrator] While they await DNA test results, 250 00:13:31,984 --> 00:13:34,682 police canvas Mindy's neighbors. 251 00:13:34,726 --> 00:13:37,598 We were looking for anybody that might have seen 252 00:13:37,642 --> 00:13:41,689 something, heard something, so we can get a better timeline 253 00:13:41,733 --> 00:13:43,996 as far as when this might've happened. 254 00:13:45,563 --> 00:13:47,434 [Narrator] While going door to door, 255 00:13:47,478 --> 00:13:50,916 investigators are pleased to see a familiar face. 256 00:13:50,960 --> 00:13:54,964 As I was collecting statements outside, I saw Moe Gibbs. 257 00:13:55,007 --> 00:13:57,749 He had been living in the apartment building 258 00:13:57,792 --> 00:14:01,318 with his wife, and step-daughter. 259 00:14:01,361 --> 00:14:03,320 Moe works at the Barnes County Jail, 260 00:14:03,363 --> 00:14:06,627 and due to the fact that he was a correctional officer, 261 00:14:06,671 --> 00:14:09,848 I would run into him quite often while he was working, 262 00:14:09,892 --> 00:14:12,329 and I also knew Mo because we played 263 00:14:12,372 --> 00:14:14,679 on the co-ed softball tournament together. 264 00:14:14,722 --> 00:14:16,594 A guy in his position probably would be 265 00:14:16,637 --> 00:14:20,728 an excellent witness if he had seen or heard anything. 266 00:14:20,772 --> 00:14:22,861 Moe Gibbs said that he knew Mindy 267 00:14:22,905 --> 00:14:24,515 as a person that lived in the building. 268 00:14:24,558 --> 00:14:26,125 He had seen her come and go. 269 00:14:27,910 --> 00:14:30,521 [Narrator] The investigator asked Moe if he noticed 270 00:14:30,564 --> 00:14:32,915 anything unusual that afternoon. 271 00:14:32,958 --> 00:14:35,091 Moe had said that he went 272 00:14:35,134 --> 00:14:38,659 with his wife and step-daughter for lunch, 273 00:14:38,703 --> 00:14:43,403 then came back to the apartment at about 12:45, 274 00:14:43,447 --> 00:14:47,407 and started packing and loading boxes, 275 00:14:47,451 --> 00:14:50,019 as he and his wife were going to be moving 276 00:14:50,062 --> 00:14:51,411 out of the apartment. 277 00:14:53,022 --> 00:14:55,459 He mentioned that when he went into the apartment complex, 278 00:14:55,502 --> 00:14:59,811 he could smell a strong, distinct order of a disinfectant. 279 00:15:00,943 --> 00:15:02,770 Other than that, 280 00:15:02,814 --> 00:15:04,642 he claimed that he didn't hear or see anything. 281 00:15:04,685 --> 00:15:06,035 [suspenseful music] 282 00:15:06,078 --> 00:15:08,385 So we were working with a timeline 283 00:15:08,428 --> 00:15:12,432 between the first missed call at 12:47 PM, 284 00:15:14,043 --> 00:15:18,438 and the disinfectant being smelled shortly after 1:00 PM. 285 00:15:19,831 --> 00:15:21,746 So we figured she probably was deceased 286 00:15:21,789 --> 00:15:23,791 prior to one o'clock in the afternoon. 287 00:15:23,835 --> 00:15:25,663 [suspenseful music] 288 00:15:25,706 --> 00:15:28,013 [Narrator] To rule them out, police collect DNA samples 289 00:15:28,057 --> 00:15:30,755 from Moe and the other building residents. 290 00:15:30,798 --> 00:15:32,583 [suspenseful music] 291 00:15:32,626 --> 00:15:36,065 All the DNA samples taken during our interviews 292 00:15:36,108 --> 00:15:38,676 were sent to the state crime lab. 293 00:15:38,719 --> 00:15:40,069 [suspenseful music] 294 00:15:40,112 --> 00:15:41,722 [Narrator] In search of new leads, 295 00:15:41,766 --> 00:15:44,943 detectives turn to Mindy's loved ones. 296 00:15:44,987 --> 00:15:46,771 I just didn't think there was anybody 297 00:15:46,814 --> 00:15:49,861 that would wanna do anything like that to her. 298 00:15:49,904 --> 00:15:51,906 [Narrator] Investigators push Mindy's parents 299 00:15:51,950 --> 00:15:53,908 to think hard about anyone 300 00:15:53,952 --> 00:15:56,041 who might've had a problem with her. 301 00:15:56,085 --> 00:15:59,088 Mindy's mother mentioned that Tony had had this boyfriend 302 00:15:59,131 --> 00:16:01,873 that wasn't such a nice person. 303 00:16:01,916 --> 00:16:03,135 His name was James. 304 00:16:04,832 --> 00:16:07,661 I was dating James Robinson at the time, 305 00:16:07,705 --> 00:16:09,837 and he was doing some bad things, 306 00:16:09,881 --> 00:16:13,711 and I was taking the brunt of it, 307 00:16:13,754 --> 00:16:17,454 and Mindy didn't really care for him, because she had known 308 00:16:17,497 --> 00:16:19,978 that there was times that it got pretty scary. 309 00:16:20,022 --> 00:16:23,112 Mindy did bring him up at one time, 310 00:16:23,155 --> 00:16:26,028 something about him being on drugs or something. 311 00:16:26,071 --> 00:16:29,857 Mindy was trying to get Toni to quit seeing James, 312 00:16:29,901 --> 00:16:32,556 and that may give him some reason 313 00:16:32,599 --> 00:16:34,079 to hold a grudge against Mindy. 314 00:16:34,123 --> 00:16:36,038 [suspenseful music] 315 00:16:36,081 --> 00:16:39,128 This James Robinson, it didn't look like he wanted 316 00:16:39,171 --> 00:16:43,045 his girlfriend, Toni, to be friends with Mindy. 317 00:16:43,088 --> 00:16:44,568 She did, you know, 318 00:16:44,611 --> 00:16:46,918 obviously like a friend does, "Get out." 319 00:16:46,961 --> 00:16:48,050 you know, "You need to leave. 320 00:16:48,093 --> 00:16:49,138 He's not a good guy. 321 00:16:49,181 --> 00:16:50,530 This isn't a good relationship." 322 00:16:50,574 --> 00:16:52,010 [suspenseful music] 323 00:16:52,054 --> 00:16:53,664 [Narrator] In trying to help her friend, 324 00:16:53,707 --> 00:16:56,667 had Mindy made a deadly enemy? 325 00:16:56,710 --> 00:16:59,235 Seemed like the attack was personal in nature. 326 00:16:59,278 --> 00:17:00,236 [suspenseful music] 327 00:17:00,279 --> 00:17:02,107 It made me think that 328 00:17:02,151 --> 00:17:04,718 maybe this guy had something to do with her death. 329 00:17:04,762 --> 00:17:07,765 [suspenseful music] 330 00:17:13,510 --> 00:17:15,381 [suspenseful music] 331 00:17:15,425 --> 00:17:17,296 [Narrator] Investigators are hunting for the killer 332 00:17:17,340 --> 00:17:20,560 of popular college student, Mindy Morgenstern. 333 00:17:22,345 --> 00:17:25,304 They now suspect James Robinson, who may have held a grudge 334 00:17:25,348 --> 00:17:27,132 against Mindy for trying to turn 335 00:17:27,176 --> 00:17:29,308 his girlfriend Toni against him. 336 00:17:29,352 --> 00:17:32,355 [suspenseful music] 337 00:17:34,357 --> 00:17:37,664 So James was called in to do an interview, 338 00:17:37,708 --> 00:17:39,797 to see what we could glean from him. 339 00:17:50,155 --> 00:17:51,765 [suspenseful music] 340 00:17:51,809 --> 00:17:55,291 [Narrator] Police asked James if he has a criminal record. 341 00:17:55,334 --> 00:17:58,337 James said that he had, in the past, 342 00:17:58,381 --> 00:18:01,427 had trouble with illegal drugs. 343 00:18:01,471 --> 00:18:03,299 He had been charged, 344 00:18:03,342 --> 00:18:06,345 but he was trying to stay out of that lifestyle. 345 00:18:06,389 --> 00:18:07,477 [suspenseful music] 346 00:18:07,520 --> 00:18:09,218 [Narrator] As James talks, 347 00:18:09,261 --> 00:18:12,395 detectives notice suspicious cuts on his hands. 348 00:18:21,230 --> 00:18:23,710 [Narrator] Police press James on his whereabouts 349 00:18:23,754 --> 00:18:25,364 at the time of the murder. 350 00:18:32,415 --> 00:18:36,245 James told investigators that he went to do community 351 00:18:36,288 --> 00:18:38,290 service from these previous charges. 352 00:18:38,334 --> 00:18:40,162 He then went to a friend's house, 353 00:18:40,205 --> 00:18:45,167 and went back home sometime 5:00 or later. 354 00:18:45,210 --> 00:18:49,083 We checked, and it was verified that he had been 355 00:18:49,127 --> 00:18:51,477 at those locations that day. 356 00:18:51,521 --> 00:18:53,218 [suspenseful music] 357 00:18:53,262 --> 00:18:56,178 [Narrator] Even though James' alibi checks out, 358 00:18:56,221 --> 00:18:58,484 investigators collect a DNA sample 359 00:18:58,528 --> 00:19:01,095 in order to officially rule him out. 360 00:19:01,139 --> 00:19:03,489 [suspenseful music] 361 00:19:03,533 --> 00:19:06,275 As they review evidence from the crime scene, 362 00:19:06,318 --> 00:19:08,277 autopsy results arrive. 363 00:19:10,148 --> 00:19:14,283 The autopsy of Mindy's body indicated that she had died 364 00:19:16,154 --> 00:19:19,288 from asphyxiation, and due to the cuts to her neck. 365 00:19:20,289 --> 00:19:21,681 There was no indication 366 00:19:21,725 --> 00:19:25,337 that Mindy had been sexually assaulted. 367 00:19:25,381 --> 00:19:26,773 [suspenseful music] 368 00:19:26,817 --> 00:19:29,167 [Narrator] Still awaiting results on DNA 369 00:19:29,211 --> 00:19:32,257 collected from Mindy's fingernails, detectives turned 370 00:19:32,301 --> 00:19:35,478 to her coworkers for new leads. 371 00:19:35,521 --> 00:19:37,828 Mindy had been working at a restaurant 372 00:19:37,871 --> 00:19:40,700 in Valley City as a waitstaff. 373 00:19:40,744 --> 00:19:44,443 It was important to interview Mindy's coworkers, 374 00:19:44,487 --> 00:19:48,273 and see if they knew of anyone unusual 375 00:19:48,317 --> 00:19:51,276 in the restaurant that stood out to them. 376 00:19:51,320 --> 00:19:53,191 [suspenseful music] 377 00:19:53,235 --> 00:19:55,454 There was a man that lived in a motor home 378 00:19:55,498 --> 00:19:58,196 across the street from the restaurant. 379 00:19:58,240 --> 00:19:59,676 Mindy told coworkers, 380 00:19:59,719 --> 00:20:02,287 that he made her feel really uneasy, 381 00:20:02,331 --> 00:20:04,811 and he's always in there bothering them. 382 00:20:04,855 --> 00:20:08,772 So hearing that information, we decided to interview him. 383 00:20:20,566 --> 00:20:24,875 Mr. Wolters didn't have any ties to the area, 384 00:20:24,918 --> 00:20:26,746 just kind of odd character. 385 00:20:34,624 --> 00:20:36,669 He really didn't have a good alibi 386 00:20:36,713 --> 00:20:39,672 for when Mindy was murdered. 387 00:20:39,716 --> 00:20:42,240 [Narrator] Just as with previous suspects, 388 00:20:42,284 --> 00:20:45,374 detectives spot a potentially damning clue. 389 00:21:01,868 --> 00:21:05,437 He claimed he never bothered anybody in the restaurant 390 00:21:05,481 --> 00:21:07,961 where Mindy worked, claimed he didn't know who she was. 391 00:21:08,005 --> 00:21:09,920 [suspenseful music] 392 00:21:09,963 --> 00:21:13,358 [Narrator] But Mindy's coworkers tell a different story. 393 00:21:13,402 --> 00:21:15,969 They all said that he was in there quite often. 394 00:21:16,013 --> 00:21:17,841 Mr. Wolters would have seen her, 395 00:21:17,884 --> 00:21:19,799 coming and going at least. 396 00:21:19,843 --> 00:21:23,237 Would that give him a reason to follow her? 397 00:21:23,281 --> 00:21:26,458 We really didn't know at that point. 398 00:21:26,502 --> 00:21:28,591 Red flags were waving, of course, 399 00:21:28,634 --> 00:21:31,942 but I was real careful not to jump to any conclusions 400 00:21:31,985 --> 00:21:33,813 too early on in the investigation. 401 00:21:33,857 --> 00:21:35,685 [suspenseful music] 402 00:21:35,728 --> 00:21:38,557 [Narrator] Detectives collect Ralph's DNA and let him go, 403 00:21:38,601 --> 00:21:41,691 but they're not ready to clear him just yet. 404 00:21:41,734 --> 00:21:43,519 We keep him on the list. 405 00:21:43,562 --> 00:21:45,912 We're hoping DNA samples, if he was involved, 406 00:21:45,956 --> 00:21:48,306 would eventually tie him into it. 407 00:21:49,873 --> 00:21:51,744 [Narrator] Two days after the murder, the wait 408 00:21:51,788 --> 00:21:54,834 for answers starts to take a toll on Mindy's family. 409 00:21:56,662 --> 00:21:58,882 That was a hard part, not knowing what was going on, 410 00:21:58,925 --> 00:22:01,667 and what happened, and why. 411 00:22:01,711 --> 00:22:04,583 It was like living some place 412 00:22:04,627 --> 00:22:07,673 in another world, 413 00:22:07,717 --> 00:22:10,328 and you just wanted answers. 414 00:22:11,590 --> 00:22:13,026 [suspenseful music] 415 00:22:13,070 --> 00:22:15,289 [Narrator] Three days into the investigation, 416 00:22:15,333 --> 00:22:17,727 detectives catch a break when they find 417 00:22:17,770 --> 00:22:21,383 disturbing voicemails left on Mindy's phone 418 00:22:21,426 --> 00:22:23,385 after she was dead. 419 00:22:41,751 --> 00:22:44,493 [suspenseful music] 420 00:22:46,756 --> 00:22:49,454 [Narrator] Detectives search the number, and discover 421 00:22:49,498 --> 00:22:52,501 that it belongs to a man named Rodney Kuznia. 422 00:22:52,544 --> 00:22:54,328 [suspenseful music] 423 00:22:54,372 --> 00:22:57,810 After Mindy had passed away, he had called, 424 00:22:57,854 --> 00:23:02,467 and left numerous messages on her cell phone. 425 00:23:02,511 --> 00:23:04,730 [Narrator] Investigators rush to find out 426 00:23:04,774 --> 00:23:08,560 who Rodney Kuznia is, and why he called Mindy 427 00:23:08,604 --> 00:23:09,822 after her murder. 428 00:23:09,866 --> 00:23:12,434 [suspenseful music] 429 00:23:14,044 --> 00:23:17,569 Mindy's friends had told us about a previous boyfriend 430 00:23:17,613 --> 00:23:19,963 by the name of Kyle Kuznia. 431 00:23:20,006 --> 00:23:22,008 They had been very serious, 432 00:23:22,052 --> 00:23:25,838 and they had broken up the prior year. 433 00:23:25,882 --> 00:23:29,799 Mindy's phone indicated a lot of calls 434 00:23:29,842 --> 00:23:33,498 between she and Kyle's father, Rodney. 435 00:23:33,542 --> 00:23:35,021 We thought this was really odd, 436 00:23:35,065 --> 00:23:39,504 because why would an ex-boyfriend's father be 437 00:23:39,548 --> 00:23:42,115 so interested in Mindy? 438 00:23:43,856 --> 00:23:45,945 There was some indication from Mindy's friends 439 00:23:45,989 --> 00:23:49,688 that Mindy had told Rodney to quit calling. 440 00:23:49,732 --> 00:23:52,735 [suspenseful music] 441 00:23:59,437 --> 00:24:01,004 [Narrator] It's been three days 442 00:24:01,047 --> 00:24:04,224 since 22-year-old Mindy Morgenstern was found 443 00:24:04,268 --> 00:24:06,444 brutally murdered in her apartment. 444 00:24:06,488 --> 00:24:08,359 [suspenseful music] 445 00:24:08,402 --> 00:24:12,102 Police have a new suspect, an ex-boyfriend's father, 446 00:24:12,145 --> 00:24:16,280 who left suspicious voicemails for Mindy after her death. 447 00:24:16,323 --> 00:24:18,238 [suspenseful music] 448 00:24:37,083 --> 00:24:40,086 [suspenseful music] 449 00:24:40,130 --> 00:24:42,045 It just was really odd 450 00:24:42,088 --> 00:24:47,093 why Mindy's ex-boyfriend's father 451 00:24:48,181 --> 00:24:49,531 was leaving these messages, 452 00:24:49,574 --> 00:24:51,881 why he was so infatuated with her, 453 00:24:51,924 --> 00:24:54,144 and obviously he had feelings for her. 454 00:24:54,187 --> 00:24:57,408 [suspenseful music] 455 00:24:57,451 --> 00:25:00,237 [Narrator] Eager to learn more about Mindy's communication 456 00:25:00,280 --> 00:25:05,285 with Rodney, detectives start by questioning his son, Kyle. 457 00:25:06,330 --> 00:25:08,375 Kyle was Mindy's ex-boyfriend, 458 00:25:10,160 --> 00:25:12,379 and Mindy, I think, still had feelings for Kyle. 459 00:25:12,423 --> 00:25:14,599 [suspenseful music] 460 00:25:14,643 --> 00:25:18,081 It was found that Kyle had broken off his relationship 461 00:25:18,124 --> 00:25:21,214 with her a year before, 462 00:25:21,258 --> 00:25:25,131 and was planning to get married to someone else, 463 00:25:26,306 --> 00:25:27,525 and had really had 464 00:25:27,569 --> 00:25:29,614 very little contact with Mindy 465 00:25:29,658 --> 00:25:31,398 since that time that they had broken up. 466 00:25:47,980 --> 00:25:49,591 [suspenseful music] 467 00:25:49,634 --> 00:25:51,680 [Narrator] After verifying that Kyle was working 468 00:25:51,723 --> 00:25:54,465 out of town on the day of the murder, 469 00:25:54,508 --> 00:25:56,467 detectives turn their questions 470 00:25:56,510 --> 00:25:59,122 to his father's relationship with Mindy. 471 00:26:08,435 --> 00:26:11,700 It was actually ruining his relationship with his father, 472 00:26:11,743 --> 00:26:16,443 because Rodney was so involved with Mindy still. 473 00:26:21,448 --> 00:26:22,972 [suspenseful music] 474 00:26:23,015 --> 00:26:27,063 Rod Kuznia had an almost unhealthy amount 475 00:26:27,106 --> 00:26:29,674 of contact with Mindy, and then that continued 476 00:26:29,718 --> 00:26:32,111 even after Kyle and Mindy broke up. 477 00:26:32,155 --> 00:26:37,160 The calls were very frequent, like, multiple times daily, 478 00:26:38,204 --> 00:26:39,641 and it really made us wonder, 479 00:26:39,684 --> 00:26:42,165 did Mindy want him to quit calling her? 480 00:26:42,208 --> 00:26:44,080 [suspenseful music] 481 00:26:44,123 --> 00:26:46,038 Did that make him angry? 482 00:26:46,082 --> 00:26:47,474 [suspenseful music] 483 00:26:47,518 --> 00:26:49,215 [Narrator] Detectives bring Rodney Kuznia 484 00:26:49,259 --> 00:26:51,174 in for an interview. 485 00:26:51,217 --> 00:26:55,439 He was at least in his 50s, and we weren't sure 486 00:26:55,482 --> 00:26:58,094 what it was that he wanted out of Mindy. 487 00:27:17,374 --> 00:27:20,029 [Narrator] Detectives press Rodney about the messages 488 00:27:20,072 --> 00:27:22,596 he left after hearing of Mindy's death. 489 00:27:39,265 --> 00:27:40,353 It was just really 490 00:27:40,397 --> 00:27:42,747 a strange type of relationship 491 00:27:42,791 --> 00:27:47,752 between a man that was her boyfriend's father and her. 492 00:27:47,796 --> 00:27:49,754 [suspenseful music] 493 00:27:49,798 --> 00:27:52,496 [Narrator] Detectives press Rodney on his whereabouts 494 00:27:52,539 --> 00:27:54,411 at the time of the murder. 495 00:27:54,454 --> 00:27:57,588 Rod Kuznia indicated that he was working on his farm 496 00:27:57,631 --> 00:27:59,764 with his two sons from seven in the morning, 497 00:27:59,808 --> 00:28:01,592 till early in the evening. 498 00:28:01,635 --> 00:28:03,768 We checked and verified that yes, 499 00:28:03,812 --> 00:28:05,422 he had been at work that day. 500 00:28:06,815 --> 00:28:09,208 [Narrator] Detectives collect DNA from Rodney, 501 00:28:09,252 --> 00:28:13,735 but with nothing concrete against him, they must let him go. 502 00:28:13,778 --> 00:28:17,216 We still thought that it was such an odd relationship, 503 00:28:17,260 --> 00:28:20,437 that we've certainly wouldn't close the book 504 00:28:20,480 --> 00:28:22,787 on looking at Rodney any further. 505 00:28:22,831 --> 00:28:24,746 [suspenseful music] 506 00:28:24,789 --> 00:28:25,834 [Narrator] The pressure to find 507 00:28:25,877 --> 00:28:28,445 Mindy's killer only increases, 508 00:28:28,488 --> 00:28:31,665 as the community becomes gripped by fear. 509 00:28:31,709 --> 00:28:33,580 [suspenseful music] 510 00:28:33,624 --> 00:28:35,582 It was super scary, because you didn't know who it was. 511 00:28:35,626 --> 00:28:37,193 It could have been anybody. 512 00:28:37,236 --> 00:28:38,455 You were scared to go out by yourself. 513 00:28:38,498 --> 00:28:40,457 You were scared to do anything. 514 00:28:40,500 --> 00:28:42,807 It wasn't safe, little Valley City anymore. 515 00:28:42,851 --> 00:28:45,288 [mournful music] 516 00:28:45,331 --> 00:28:47,812 [Narrator] Six days after the murder, 517 00:28:47,856 --> 00:28:50,772 Mindy's funeral draws hundreds of mourners. 518 00:28:51,860 --> 00:28:53,383 We had the funeral at a 519 00:28:53,426 --> 00:28:55,298 high school gym, because 520 00:28:55,341 --> 00:28:56,821 we didn't think that everybody could fit 521 00:28:56,865 --> 00:28:58,692 into the church while there was over 522 00:28:58,736 --> 00:29:02,174 500 people at the funeral, and the police told us 523 00:29:02,218 --> 00:29:05,264 they would have some undercover agents watching, 524 00:29:05,308 --> 00:29:07,136 because they didn't know for sure if this person was, 525 00:29:07,179 --> 00:29:09,660 you know, after her, or after us. 526 00:29:09,703 --> 00:29:12,576 And you get kind of paranoid of anything like that happening 527 00:29:12,619 --> 00:29:15,187 until they finally catch the right person. 528 00:29:15,231 --> 00:29:17,189 [suspenseful music] 529 00:29:17,233 --> 00:29:19,409 [Narrator] The day after Mindy's funeral, 530 00:29:19,452 --> 00:29:23,848 investigators receive surprising news from the crime lab. 531 00:29:23,892 --> 00:29:25,502 The state crime lab called, 532 00:29:25,545 --> 00:29:27,634 and said that we have a positive match 533 00:29:28,722 --> 00:29:30,289 of the DNA. 534 00:29:30,333 --> 00:29:33,640 The DNA extracted from under the fingernails 535 00:29:33,684 --> 00:29:38,515 of Mindy matched an unsolved brutal sexual assault 536 00:29:38,558 --> 00:29:40,691 in Fargo two years previously. 537 00:29:40,734 --> 00:29:42,258 [suspenseful music] 538 00:29:42,301 --> 00:29:46,262 And when we found out who the person was, 539 00:29:47,350 --> 00:29:49,395 it was just kind of silence. 540 00:29:49,439 --> 00:29:51,180 The news was a shock. 541 00:29:51,223 --> 00:29:53,965 [suspenseful music] 542 00:29:59,188 --> 00:30:01,364 [suspenseful music] 543 00:30:01,407 --> 00:30:02,974 [Narrator] One week after the murder 544 00:30:03,018 --> 00:30:05,368 of 22-year-old Mindy Morgenstern, 545 00:30:06,935 --> 00:30:09,024 detectives received DNA test results 546 00:30:09,067 --> 00:30:11,113 that turned the case on its head. 547 00:30:12,723 --> 00:30:15,160 The DNA from every one of the suspects, 548 00:30:15,204 --> 00:30:20,209 Kuznia, Wolters, Lynds, and the others all came back 549 00:30:21,253 --> 00:30:22,864 as not a match to the DNA found 550 00:30:22,907 --> 00:30:24,430 under Mindy's fingernails. 551 00:30:25,910 --> 00:30:28,304 I asked, "Who is it?" 552 00:30:28,347 --> 00:30:30,915 They told me it was Moe Gibbs. 553 00:30:32,351 --> 00:30:37,356 When they got the match, it was just, wow. 554 00:30:39,228 --> 00:30:42,492 The DNA match of Moe Gibbs is really unexpected for us. 555 00:30:43,406 --> 00:30:44,711 I knew him personally. 556 00:30:44,755 --> 00:30:47,105 He was a correctional officer, 557 00:30:47,149 --> 00:30:50,369 and it really caught me off guard that somebody 558 00:30:50,413 --> 00:30:53,416 in the law enforcement community would have done 559 00:30:53,459 --> 00:30:55,200 something like this. 560 00:30:55,244 --> 00:30:57,072 [Narrator] When detectives look deep 561 00:30:57,115 --> 00:31:01,293 into Moe's background, they discover a hidden past. 562 00:31:01,337 --> 00:31:04,470 Moe Gibbs was not the man we thought he was. 563 00:31:04,514 --> 00:31:06,385 When we started digging into his background, 564 00:31:06,429 --> 00:31:10,128 we had found out that he'd actually changed his name. 565 00:31:10,172 --> 00:31:13,262 We found out that he was involved in a drive-by shooting, 566 00:31:13,305 --> 00:31:15,481 and he had served five years in prison. 567 00:31:17,266 --> 00:31:21,313 Also, his DNA matched this reported rape in Fargo 568 00:31:21,357 --> 00:31:23,272 from two years previously. 569 00:31:23,315 --> 00:31:26,318 [suspenseful music] 570 00:31:28,016 --> 00:31:30,496 [Narrator] Given Moe's violent criminal past, 571 00:31:30,540 --> 00:31:32,498 detectives come up with a strategy 572 00:31:32,542 --> 00:31:34,500 to lure him into the station. 573 00:31:36,285 --> 00:31:38,069 We had called Moe, and asked him if he would be willing 574 00:31:38,113 --> 00:31:41,159 to come in, just to eliminate him as a suspect. 575 00:31:41,203 --> 00:31:44,989 We were playing on his friendship with law enforcement. 576 00:31:45,033 --> 00:31:49,124 The idea was to get them in, lock him in to a story, 577 00:31:49,167 --> 00:31:51,343 and then immediately give them a polygraph. 578 00:31:53,128 --> 00:31:55,260 Moe Gibbs, who lived in the apartment building 579 00:31:55,304 --> 00:31:59,090 that Mindy lived in, and he said that he had seen 580 00:31:59,134 --> 00:32:03,268 her around, but he really didn't know her at all. 581 00:32:03,312 --> 00:32:06,271 Moe said that he had worked at the jail 582 00:32:06,315 --> 00:32:08,839 the previous night, had gotten home 583 00:32:08,882 --> 00:32:13,278 about seven in the morning, and then he started packing 584 00:32:13,322 --> 00:32:16,325 and loading boxes out of the apartment. 585 00:32:27,901 --> 00:32:30,208 Scratches were observed on Moe's hands, 586 00:32:30,252 --> 00:32:33,820 and Moe stated that he got those scratches 587 00:32:33,864 --> 00:32:35,518 from moving boxes. 588 00:32:38,042 --> 00:32:41,089 The polygraph operator asked him if he'd ever been 589 00:32:41,132 --> 00:32:43,265 in Mindy's room, or in her apartment. 590 00:32:49,488 --> 00:32:51,577 He stated that she was trying to carry 591 00:32:51,621 --> 00:32:54,102 a laundry basket, and some other things 592 00:32:54,145 --> 00:32:58,149 all at the same time, and he assisted her in carrying 593 00:32:58,193 --> 00:32:59,629 that laundry to her apartment. 594 00:33:01,196 --> 00:33:03,589 I'm thinking that he wanted to have an excuse 595 00:33:03,633 --> 00:33:05,939 for having evidence in that apartment. 596 00:33:05,983 --> 00:33:07,332 [suspenseful music] 597 00:33:07,376 --> 00:33:09,334 [Narrator] With Moe's story in place, 598 00:33:09,378 --> 00:33:11,032 the polygraph can begin. 599 00:33:22,086 --> 00:33:25,394 At the conclusion of the polygraph examination, 600 00:33:25,437 --> 00:33:27,613 the examiner felt that there was 601 00:33:27,657 --> 00:33:29,572 some indication of deception. 602 00:34:05,651 --> 00:34:07,653 At that point, we didn't think 603 00:34:07,697 --> 00:34:10,482 that he was really gonna ever admit to anything, 604 00:34:10,526 --> 00:34:12,310 at least that day. 605 00:34:52,611 --> 00:34:55,658 He was arrested immediately after that interview, 606 00:34:55,701 --> 00:34:57,486 and charged with murder. 607 00:35:07,235 --> 00:35:10,151 [compelling music] 608 00:35:12,022 --> 00:35:15,025 [Narrator] News of Moe's arrest opens a floodgate 609 00:35:15,068 --> 00:35:17,070 of shocking accusations. 610 00:35:18,463 --> 00:35:20,204 A number of female inmates in the jail 611 00:35:20,248 --> 00:35:23,207 where Moe Gibbs worked came forward and said. 612 00:35:23,251 --> 00:35:26,384 'He's been doing sexual stuff to us in the jail 613 00:35:26,428 --> 00:35:28,560 for weeks or months." 614 00:35:34,610 --> 00:35:36,394 [compelling music] 615 00:35:36,438 --> 00:35:38,179 [Narrator] Moe is charged with six felonies 616 00:35:38,222 --> 00:35:40,050 for the sexual assaults, 617 00:35:40,093 --> 00:35:43,619 and one count of first degree murder. 618 00:35:43,662 --> 00:35:46,230 It was a very, very much a shock 619 00:35:46,274 --> 00:35:50,016 when they revealed who was arrested. 620 00:35:50,060 --> 00:35:53,106 I was very surprised, and very shocked, 621 00:35:53,150 --> 00:35:55,718 due to the fact I knew him personally, 622 00:35:55,761 --> 00:35:59,025 but it was a great feeling to get the person 623 00:35:59,069 --> 00:36:01,376 who had done this horrific crime. 624 00:36:03,204 --> 00:36:06,207 We went to trial in Minot, North Dakota, provided evidence 625 00:36:06,250 --> 00:36:10,123 to the jury there about the DNA under her fingernails, 626 00:36:10,167 --> 00:36:12,038 the scratches on his hand. 627 00:36:12,082 --> 00:36:14,040 [compelling music] 628 00:36:14,084 --> 00:36:16,217 [Narrator] Despite the evidence against him, 629 00:36:16,260 --> 00:36:19,394 Moe's lawyers mount a strong defense. 630 00:36:19,437 --> 00:36:21,570 Their argument was the DNA found 631 00:36:21,613 --> 00:36:25,356 in Mindy's fingernails was probably touched DNA 632 00:36:25,400 --> 00:36:27,053 that she got from door knobs 633 00:36:27,097 --> 00:36:28,707 that Moe Gibbs had been touching. 634 00:36:28,751 --> 00:36:30,448 [compelling music] 635 00:36:30,492 --> 00:36:34,365 I went into the jury deliberations believing strongly 636 00:36:34,409 --> 00:36:37,281 that we'd proved our case beyond a reasonable doubt. 637 00:36:37,325 --> 00:36:41,459 [Narrator] On July 12th, 2007, the jury returns 638 00:36:41,503 --> 00:36:46,508 to the courtroom with news that takes everyone by surprise. 639 00:36:48,336 --> 00:36:50,076 The jury deliberated for a fair period of time, 640 00:36:50,120 --> 00:36:52,122 and came back as a hung jury, 641 00:36:52,165 --> 00:36:55,691 and could not reach a decision. 642 00:36:55,734 --> 00:36:57,649 We were so sure 643 00:36:57,693 --> 00:37:00,173 he was gonna go down, 644 00:37:00,217 --> 00:37:02,175 but they just got him off. 645 00:37:03,568 --> 00:37:04,656 You kind of went home and you were thinking, 646 00:37:04,700 --> 00:37:05,744 what are we gonna do now? 647 00:37:05,788 --> 00:37:08,791 [suspenseful music] 648 00:37:12,577 --> 00:37:15,580 [Narrator] Corrections officer Moe Gibbs has just been 649 00:37:15,624 --> 00:37:19,889 tried for the murder of 22-year-old Mindy Morgenstern, 650 00:37:19,932 --> 00:37:22,979 but when the verdict comes back a hung jury, 651 00:37:23,022 --> 00:37:26,069 Mindy's loved ones are left fearing the worst. 652 00:37:26,112 --> 00:37:29,681 [suspenseful music] 653 00:37:29,725 --> 00:37:31,553 I was very shocked. 654 00:37:31,596 --> 00:37:32,336 I think everybody was. 655 00:37:34,207 --> 00:37:37,210 I don't think I would ever expect that outcome at all. 656 00:37:39,038 --> 00:37:41,084 When we heard it was a hung jury, I just thought 657 00:37:41,127 --> 00:37:43,260 it's all over with now. 658 00:37:43,304 --> 00:37:44,783 They're gonna let him go. 659 00:37:45,697 --> 00:37:47,351 [suspenseful music] 660 00:37:47,395 --> 00:37:49,266 [Narrator] Was it possible that Moe had not killed 661 00:37:49,310 --> 00:37:53,923 Mindy after all, or was a murderer about to go free? 662 00:37:53,966 --> 00:37:56,099 [suspenseful music] 663 00:37:56,142 --> 00:37:58,101 When a hung jury like that happens, 664 00:37:58,144 --> 00:38:01,626 it's extremely disappointing and hard to understand 665 00:38:01,670 --> 00:38:05,064 for people, because it's just a temporary setback. 666 00:38:06,849 --> 00:38:08,590 I was absolutely certain we had the right guy. 667 00:38:08,633 --> 00:38:11,070 In the Minot trial, the defense, 668 00:38:11,114 --> 00:38:12,942 the one thing they really hung 669 00:38:12,985 --> 00:38:16,772 their hat on was that trying to say it was just touched DNA. 670 00:38:16,815 --> 00:38:19,688 We felt it was obvious that to get DNA 671 00:38:19,731 --> 00:38:21,777 under your fingernails, it wasn't from touching 672 00:38:21,820 --> 00:38:23,256 any kind of doorknob. 673 00:38:23,300 --> 00:38:25,389 So we wanted to totally rule that out, 674 00:38:25,433 --> 00:38:28,610 and we're able to find another expert to help us do that. 675 00:38:28,653 --> 00:38:30,046 [suspenseful music] 676 00:38:30,089 --> 00:38:32,657 [Narrator] On October 22nd, 2007, 677 00:38:32,701 --> 00:38:34,964 more than a year after Mindy's murder, 678 00:38:35,007 --> 00:38:38,184 Moe Gibbs goes on trial for the second time. 679 00:38:38,228 --> 00:38:40,012 [suspenseful music] 680 00:38:40,056 --> 00:38:43,799 The expert described this as a vigorous assault. 681 00:38:43,842 --> 00:38:47,672 The amount of DNA was not from touching a doorknob 682 00:38:47,716 --> 00:38:49,152 or a laundry basket. 683 00:38:49,195 --> 00:38:50,806 [suspenseful music] 684 00:38:50,849 --> 00:38:53,635 The prosecution lays out further evidence, 685 00:38:53,678 --> 00:38:56,202 carefully building the case against Moe. 686 00:38:56,246 --> 00:38:57,813 [suspenseful music] 687 00:38:57,856 --> 00:39:00,642 Moe Gibb's phone was seized after his arrest, 688 00:39:00,685 --> 00:39:04,950 and there were never times when he went for an hour 689 00:39:04,994 --> 00:39:08,171 or more that he was not texting, 690 00:39:08,214 --> 00:39:10,347 or doing something with his phone. 691 00:39:10,391 --> 00:39:12,218 [suspenseful music] 692 00:39:12,262 --> 00:39:16,005 He got off at seven in the morning from his shift, 693 00:39:16,048 --> 00:39:19,965 and he was continually either emailing or texting people 694 00:39:20,009 --> 00:39:24,666 until he had to go pick up his fiance to go to lunch. 695 00:39:24,709 --> 00:39:28,670 He dropped her back off from 12:30 or 1:00, 696 00:39:28,713 --> 00:39:31,281 and that's when we believe he came back 697 00:39:31,324 --> 00:39:32,804 to the apartment building. 698 00:39:34,415 --> 00:39:35,981 [suspenseful music] 699 00:39:36,025 --> 00:39:39,985 Mindy's last missed call was at 12:47 that day, 700 00:39:40,029 --> 00:39:41,857 and for the next two hours, 701 00:39:41,900 --> 00:39:43,946 Moe Gibbs was doing something else 702 00:39:43,989 --> 00:39:46,383 other than sending texts or sending emails. 703 00:39:46,427 --> 00:39:49,081 [suspenseful music] 704 00:39:49,125 --> 00:39:50,866 [Narrator] With DNA 705 00:39:50,909 --> 00:39:52,824 and other evidence placing Moe at the scene, 706 00:39:52,868 --> 00:39:55,740 the prosecution lays out their theory of the murder. 707 00:39:55,784 --> 00:39:57,220 [suspenseful music] 708 00:39:57,263 --> 00:39:59,440 I believe that Mindy was carrying clothes 709 00:39:59,483 --> 00:40:04,270 into her apartment, and Moe Gibbs was in the hallway, 710 00:40:06,098 --> 00:40:07,186 and got her in there, and pushed her on the floor, 711 00:40:07,230 --> 00:40:08,927 and attempted to rape her. 712 00:40:08,971 --> 00:40:10,407 [suspenseful music] 713 00:40:10,451 --> 00:40:12,714 I think Mindy fought back, 714 00:40:12,757 --> 00:40:15,368 and things went drastically wrong. 715 00:40:15,412 --> 00:40:17,240 [suspenseful music] 716 00:40:17,283 --> 00:40:19,155 I think what happened was he tried strangling her 717 00:40:19,198 --> 00:40:22,767 with a belt, and it wasn't going as he wanted it to. 718 00:40:22,811 --> 00:40:24,465 She wasn't dying fast enough, 719 00:40:24,508 --> 00:40:26,075 [suspenseful music] 720 00:40:26,118 --> 00:40:30,166 so he got a knife, and he stabbed her, 721 00:40:30,209 --> 00:40:34,083 and then when he got done, he finds a cleaning solution, 722 00:40:34,126 --> 00:40:35,127 dumps it on her body, 723 00:40:36,520 --> 00:40:38,870 and then he gets the heck out of there. 724 00:40:38,914 --> 00:40:40,785 [suspenseful music] 725 00:40:40,829 --> 00:40:43,440 Then he starts back with the texting and emailing, 726 00:40:43,484 --> 00:40:44,789 and went on with his life. 727 00:40:44,833 --> 00:40:47,836 [suspenseful music] 728 00:40:50,491 --> 00:40:53,494 [Narrator] As Moe's second murder trial concludes, 729 00:40:53,537 --> 00:40:56,497 prosecutors have one final card to play. 730 00:40:56,540 --> 00:40:58,020 [suspenseful music] 731 00:40:58,063 --> 00:41:00,152 There was a cellmate of Moe Gibbs 732 00:41:00,196 --> 00:41:04,243 while he was awaiting trial that had told investigators 733 00:41:04,287 --> 00:41:09,292 that Moe had admitted to killing Mindy. 734 00:41:10,815 --> 00:41:12,208 Gibbs had told them that he'd done it, 735 00:41:12,251 --> 00:41:14,123 and do it again if he had the opportunity. 736 00:41:14,166 --> 00:41:17,169 [suspenseful music] 737 00:41:19,302 --> 00:41:22,958 [Narrator] As the jury deliberates for a second time, 738 00:41:23,001 --> 00:41:26,962 Mindy's loved ones nervously await the outcome. 739 00:41:27,005 --> 00:41:28,964 And I was wondering what's going on? 740 00:41:29,007 --> 00:41:30,879 I wanted to know things. 741 00:41:30,922 --> 00:41:34,317 I wanted to hear what was coming out of their mouths. 742 00:41:34,360 --> 00:41:36,232 [suspenseful music] 743 00:41:36,275 --> 00:41:39,061 [Narrator] On November 16th, 2007, 744 00:41:39,104 --> 00:41:41,977 after deliberating for over 27 hours, 745 00:41:42,020 --> 00:41:44,240 the jury returns with the verdict. 746 00:41:44,283 --> 00:41:46,155 [suspenseful music] 747 00:41:46,198 --> 00:41:49,201 [Jury Spokesperson] We the jury do find the defendant, 748 00:41:49,245 --> 00:41:54,076 Moe M. Gibbs, guilty of the crime of murder. 749 00:41:54,119 --> 00:41:56,078 [compelling music] 750 00:41:56,121 --> 00:41:58,297 [Narrator] For killing Mindy Morgenstern, 751 00:41:58,341 --> 00:42:01,823 Moe Gibbs is sentenced to life without parole. 752 00:42:01,866 --> 00:42:04,565 [compelling music] 753 00:42:06,567 --> 00:42:10,135 He got a 12-year sentence on the unsolved rape, 754 00:42:10,179 --> 00:42:14,575 and 15 years on the jail sexual assaults that had happened. 755 00:42:17,926 --> 00:42:20,624 It was a relief that they finally caught the person, 756 00:42:20,668 --> 00:42:22,452 that he wasn't gonna be out there to do it 757 00:42:22,495 --> 00:42:24,410 to somebody else again. 758 00:42:24,454 --> 00:42:27,849 The fact that Moe Gibbs is gonna be in prison, 759 00:42:27,892 --> 00:42:32,070 it was finally over with, we could finally go on, 760 00:42:33,463 --> 00:42:35,552 and just try to get through life, 761 00:42:35,596 --> 00:42:38,033 the rest of the time that we had. 762 00:42:39,077 --> 00:42:40,862 Moe got what he deserved. 763 00:42:40,905 --> 00:42:45,388 Because of Mindy's actions, and her strength, 764 00:42:45,431 --> 00:42:48,304 we were able to get the DNA that we needed, 765 00:42:48,347 --> 00:42:51,350 and that DNA helped us solve this case. 766 00:42:51,394 --> 00:42:53,875 [mournful music] 767 00:42:53,918 --> 00:42:56,094 [Narrator] Though justice is served, 768 00:42:56,138 --> 00:42:59,445 nothing can dull the pain of Mindy's loss. 769 00:43:01,056 --> 00:43:03,972 Oh, I miss Mindy so much every day. 770 00:43:04,015 --> 00:43:05,408 You never get over it, 771 00:43:05,451 --> 00:43:08,150 but you go on, and you pray for that time 772 00:43:08,193 --> 00:43:12,154 when you can see her again, up there in the heavens. 773 00:43:12,197 --> 00:43:13,416 That's where I know she's at. 774 00:43:13,459 --> 00:43:16,245 [mournful music] 775 00:43:16,288 --> 00:43:19,204 I like to remember her smile. 776 00:43:19,248 --> 00:43:22,251 I have a picture of her on my refrigerator, 777 00:43:22,294 --> 00:43:24,557 and the light just radiates from her face, 778 00:43:24,601 --> 00:43:26,429 and she's so happy, 779 00:43:26,472 --> 00:43:28,518 and that's the way I like to remember her.