>> YOU COULD SEE HER WINDOW, AND
HER LIGHT WAS ON AND HER CURTAINS WERE BLOWING.
I KNEW SHE WAS LAYING IN THERE, BUT THERE WAS NOTHING I COULD
DO >> I JUST, LIKE, IMMEDIATELY
COLLAPSED. >> WHO WOULD HURT MINDY?
THE OUTGOING, FUN, CARING, COMPASSIONATE GIRL THAT
EVERYBODY LOVED. >> WE HAD SOME SUSPECTS THAT WE
WERE LOOKING AT. >> Reporter: CLEARLY YOU WANNA
TALK TO THOSE NEIGHBORS. >> ABSOLUTELY.
>> I KNEW HER IN PASSING >> I HELPED HER UP TO HER
APARTMENT. >> YOU HAVE TO LOOK AT JORDAN,
THE CURRENT BOYFRIEND. WE INTERVIEWED HER EX-BOYFRIEND,
KYLE HIS FATHER WAS STILL TALKING TO
MINDY AND INTERACTING WITH HER >> I DON'T UNDERSTAND THE
RELATIONSHIP YOU HAVE WITH HER >> Reporter: AN EX-BOYFRIEND'S
FATHER THAT'S ODD
>> VERY ODD. >> IT WAS JUST A TOTAL BIG
MYSTERY OF WHO THIS PERSON WAS >> WHO ARE THEY AFTER NEXT
>> HE THOUGHT HE GOT AWAY WITH THE PERFECT CRIME.
MINDY'S THE ONE THAT HELPED US CATCH THIS GUY
>> SHE WAS NOT GONNA GO DOWN WITHOUT A FIGHT.
>> A YOUNG COLLEGE STUDENT, MURDERED IN HER APARTMENT.
AND THE CLUE THAT CRACKED THE CASE IS ONE SHE LEFT FOR
INVESTIGATORS. I'M LESTER HOLT, AND THIS IS
"DATELINE. HERE'S KEITH MORRISON WITH "WHO
KILLED MINDY MORGENSTERN?" >> Reporter: MINDY MORGENSTERN
WAS THE TYPE OF FRIEND EVERYONE NEEDS.
A GOOD LISTENER, GENEROUS WITH ADVICE, AND ALWAYS WILLING TO
STAND BY HER GIRLFRIENDS >> SHE WAS JUST ALWAYS THERE
AND YOU COULD TELL HER ANYTHING. AND SHE WAS NEVER JUDGING.
>> Reporter: THE KIND TO HELP YOU OUT OF A BIND.
AND MINDY'S FRIEND TONI BAUMANN WAS IN A FIX AS SHE SAT AT A BAR
OUTSIDE OF VALLEY CITY, NORTH DAKOTA
IT WAS A SEPTEMBER NIGHT IN 2006
MINDY WAS AT HOME WHILE TONI WAS OUT WITH ANOTHER FRIEND,
DANIELLE >> WE ENDED UP GOING OUT
>> HAD A COUPLE OF DRINKS THERE. >> HAD SOME DRINKS
>> Reporter: THE PROBLEM WAS TONI'S BOYFRIEND
HE DIDN'T LIKE TONI OUT AT BARS WITH CERTAIN GIRLFRIENDS -- LIKE
DANIELLE >> HE LIKED DANIELLE, BUT WE
ACTUALLY GOT INTO TROUBLE. >> Reporter: THEN TONI'S
BOYFRIEND CALLED, AND SHE CAME UP WITH A LITTLE COVER STORY
>> I SAID, "OH, I'M WITH -- WE'RE WITH MINDY
WE'RE JUST, YOU KNOW, HANGING OUT.
>> Reporter: MINDY WAS THE GOOD GIRL, THE SAFE FRIEND, THE
COLLEGE SENIOR WHO LIVED OFF CAMPUS BUT STILL FOLLOWED THE
RULES. >> SHE WAS A GOOD PERSON
YOU KNOW, SHE DIDN'T DRINK A LOT.
SHE DIDN'T DO DRUGS. >> Reporter: THE BOYFRIEND
THOUGHT SOMETHING WAS UP, ASKED TO SPEAK TO MINDY.
SO TONI AND DANIELLE HEADED TO MINDY'S APARTMENT.
>> I SAID, "DANIELLE, WE NEED -- LET'S HUSTLE UP AND GET TO
MINDY'S FASTER SO WE CAN DRAG HER OUT SO SHE CAN BE IN THE
BACKGROUND." >> SO SHE'S YOUR ALIBI
>> SHE WAS MY ALIBI. >> Reporter: YOU'RE PHONING HER
ALONG THE WAY. >> UH-HUH.
>> Reporter: AND SHE DIDN'T PICK UP
>> MM-MM >> HEY, IT'S MINDY, AND I'M NOT
HERE RIGHT NOW LEAVE ME A--
>> HEY, MINDY, IT'S TONI HEY, DANI'S TRYING TO GET AHOLD
OF YOU TOO UM, CALL ME RIGHT AWAY."
>> Reporter: WHEN THEY ARRIVED, DANIELLE STAYED IN THE CAR
TONI WENT IN, UP THE STAIRS TO MINDY'S DOOR
>> FOR SOME REASON, I KNOCKED, AND THEN I JUST GRABBED THE DOOR
HANDLE, AND IT JUST PUSHED OPEN. AND I TOOK ABOUT TWO, THREE
STEPS IN AND THAT'S WHEN I -- I NOTICED
SOMETHING OR -- SOMETHING ON THE FLOOR.
AND THEN I LOOKED DOWN I NOTICED IT WAS MINDY
AND I SAW HER EYES AND THAT'S WHEN I KNEW THAT
SOMETHING BAD HAD HAPPENED >> TONI CAME RUNNING BACK OUT.
AND THEN SHE, UM, WAS SCREAMING. >> Reporter: NEIGHBORS HEARD THE
COMMOTION, AND PRETTY SOON A GUY FROM ANOTHER FLOOR CAME TO SEE
WHAT WAS GOING ON. >> I JUST SAID, "CAN YOU --
COULD Y I TOOK, LIKE, TWO, THREE STEPS
IN MAYBE, JUST ENOUGH THAT I COULD SEE ALL OF HER
I BACKPEDALED AS FAST AS I COULD.
I REMEMBER I BACKPEDALED UNTIL I HIT THE HALLWAY WALL
>> I THINK HE CHECKED FOR A PULSE, AND HE JUST SAID IT
YOU KNOW "I'M SORRY, FRIEND" -- OR, "I'M
SORRY, BUT YOUR FRIEND IS GONE." AND I JUST NOTICED THAT, LIKE --
I DON'T KNOW HER THROAT HAD BEEN CUT, AND IT
WAS OBVIOUS. >> Reporter: IT BECOMES SO
IMPRINTED ON YOUR MINDS, BOTH OF YOU.
>> YEAH, EVEN IF I LOSE MY MIND, I THINK I'LL PROBABLY NEVER LOSE
THAT DAY >> Reporter: THAT DAY WHEN THEIR
WHOLE IDEA OF LIFE AND HOW IT WAS SUPPOSED TO GO COLLAPSED
THEY MANAGED TO CALL 911 AND THEN THE PHONE RANG AT THE
HOME OF POLICE SERGEANT DAVE SWENSON
>> DISPATCH CALLED AND SAID THEY'RE NOT SURE EXACTLY WHAT
THEY'VE GOT. THE CALLER THAT CALLED IT IN WAS
REALLY HYSTERICAL AND UPSET. THEY TOLD ME THE ADDRESS AND
ASKED IF I WOULD JUST RUN OVER THERE.
BECAUSE WHERE I LIVED, I WAS ONLY A BLOCK FROM THE APARTMENT
BUILDING >> Reporter: ONE OF THOSE RARE
OCCASIONS WHERE YOU CAN ACTUALLY WALK TO A POTENTIAL CRIME SCENE.
>> YEAH. >> Reporter: HE ARRIVED TO FIND
TONI AND DANIELLE OUTSIDE THE BUILDING
>> THE GIRLS WERE PRETTY FRANTIC AND -- AND SAID, "SHE'S DOWN
HERE." AND THEY SHOWED US WHERE THE
APARTMENT WAS AT >> Reporter: BUT BEFORE HE'D
EVEN OPENED MINDY'S DOOR, HE SNIFFED A PRETTY OBVIOUS CLUE IN
THE AIR. >> I COULD SMELL AN ODOR OF
PINE-SOL AS SOON AS I WENT INTO THE
APARTMENT, IT WAS VERY STRONG. >> Reporter: AND THEN --
>> AND I SAW HER LAYING ON HER BACK
THERE WAS A KNIFE THAT WAS STILL IN HER NECK.
THE HANDLE WAS BROKE OFF THERE WAS ANOTHER KNIFE RIGHT
NEXT TO HER THAT WAS BROKE >> Reporter: WHAT'S IT LIKE TO
ENCOUNTER THAT >> IT WAS PRETTY, PRETTY
HORRIFIC >> Reporter: A YOUNG WOMAN, A
COLLEGE GIRL DEAD THAT WAY >> YES
VALLEY CITY IS A SMALL COMMUNITY.
AND FOR ME, I WORKED A LOT OF COLLEGE DANCES, SO I KNEW WHO
SHE WAS. DIDN'T KNOW HER PERSONALLY
>> Reporter: BUT YOU'D SEEN HER BEFORE, ALIVE AND WELL
>> OH, YEAH. >> Reporter: ALIVE AND WELL?
>> OH, YES >> Reporter: AFTER ALL, VALLEY
CITY IS A SMALL COLLEGE TOWN, A RELATIVE DOT IN THIS GREAT FLAT
LAND WHERE SUMMERS ARE BRIEF AND WINTERS LONG AND UNFORGIVING AND
PEOPLE TEND TO LOOK OUT FOR EACH OTHER.
>> SO RIGHT AWAY MY MIND CHANGED TO, "LET'S FIND OUT WHO DID THIS
TO TRY TO GET JUSTICE FOR HER AND HER FAMILY."
>> Reporter: MINDY'S FAMILY. ALMOST 200 MILES DUE WEST IN
LITTLE NEW SALEM, NORTH DAKOTA, MINDY'S SISTER REBECCA AND HER
HUSBAND JASON RECEIVED A VISITOR AROUND 11:00 P.M., A DEPUTY THE
FAMILY HAD KNOWN FOR DECADES REBECCA COULD SEE HIS TORMENT.
>> HE HAD A NOT-SO-GOOD LOOK ON HIS FACE
HE WAS -- A VERY WORRIED LOOK. AND HE -- HE SAID, "I'M SORRY TO
INFORM YOU, REBECCA, BUT MINDY'S DEAD."
AND I REMEMBER I JUST IMMEDIATELY, LIKE, COLLAPSED
>> Reporter: THE DEPUTY DIDN'T KNOW MUCH EXCEPT THAT MINDY'S
DEATH WAS NO ACCIDENT. >> SUSPICIOUS CIRCUMSTANCES.
>> SUSPICIOUS CIRCUMSTANCES, RIGHT.
AND THAT'S ALL THAT THEY KNEW FROM THE VALLEY CITY POLICE
DEPARTMENT >> Reporter: BUT NOW THEY NEEDED
TO DELIVER THE NEWS TO MINDY'S PARENTS.
REBECCA AND JASON FOLLOWED THE DEPUTY TO THE FAMILY FARM.
THERE WAS JUST NO EASY WAY TO FACE MINDY'S FATHER, LARRY, AND
HER MOTHER, EUNICE >> I SAID, "WAS THERE A CAR
ACCIDENT?" AND FINALLY REBECCA SAID, "MOM,"
THAT, "MINDY IS DEAD." AND IT WAS JUST LIKE SOMEBODY
TOOK A SPEAR AND JUST PUT IT RIGHT THROUGH ME
NOBODY SHOULD HAVE TO GO THROUGH THAT
>> Reporter: NO, THEY SURE SHOULDN'T.
YOU WERE TRYING TO FIGURE OUT WHAT HAPPENED?
>> IT WAS KIND OF -- I DON'T KNOW -- UNEASY FEELING NOT
KNOWING EXACTLY WHAT HAPPENED. WHY WOULD SOMEBODY WANT TO HURT
MINDY? >> UH-HUH.
>> Reporter: THIS LITTLE APARTMENT BUILDING WAS TURNING
INTO A MAJOR CRIME SCENE AND MAYBE THE ANSWER TO THAT
QUESTION OF WHY, AND MORE IMPORTANTLY WHO, WAS RIGHT THERE
>> Reporter: IT WAS LATE AT NIGHT WHEN ASHLEY WALLACE GOT
THE DREADFUL NEWS. >> AND I JUST REMEMBER JUST
SAYING, "NO, NO, NO. LIKE, ALL I COULD SAY WAS "NO.
>> Reporter: MINDY MORGENSTERN WAS HER CHILDHOOD BEST FRIEND.
THEY'D GROWN UP TOGETHER, ENROLLED IN THE SAME COLLEGE
THE NEWS THAT MINDY WAS DEAD JUST COULDN'T BE TRUE.
SHE HEADED TO MINDY'S APARTMENT. >> I SAW HER CURTAINS.
THEY PARKED BY -- YOU COULD SEE HER WINDOW, AND HER LIGHT WAS
ON AND HER CURTAINS WERE BLOWING
'CAUSE THE WINDOWS HAD BEEN OPENED
AND I JUST WANTED TO GO IN THERE SO BAD
LIKE, I JUST -- I WAS LIKE, "IS SOMEBODY TRYING TO HELP HER?
THAT'S WHAT I KEPT THINKING. "IS SOMEBODY TRYING TO HELP
HER? >> Reporter: GOD
>> IT'S LIKE I KNOW SHE'S UP THERE, AND THERE'S NOTHING I CAN
DO >> Reporter: ASHLEY WASN'T ALONE
OUTSIDE. FAR FROM IT.
WITHIN HOURS OF MINDY'S MURDER, COLLEGE FRIENDS, WORK FRIENDS,
AND NEIGHBORS GATHERED OUTSIDE HER APARTMENT BUILDING WANTING
TO KNOW WHAT HAPPENED. >> THE WORD SPREAD SO FAST
WITHIN 30 MINUTES THERE WAS A LOT OF PEOPLE IN THE FRONT YARD
OF THIS APARTMENT COMPLEX. >> Reporter: AN OUTPOURING THAT
WAS NO SURPRISE TO ANYONE WHO KNEW HER
MINDY HAD ALWAYS BEEN A MAGNETIC FORCE.
>> SHE WAS THE LOUD, ENERGETIC, WELCOMING GAL.
>> Reporter: BECKY KUSS AND LIZ KLEINKE MET MINDY FRESHMAN
YEAR AT VALLEY CITY STATE UNIVERSITY
>> SHE CONNECTED WITH EVERYBODY. SHE HAD -- LIKE, WE WERE MINDY'S
FRIENDS, BUT MINDY ALSO HAD 100 OTHER FRIENDS ON CAMPUS
THAT - >> I THINK MINDY KNEW EVERYBODY
ON CAMPUS WITHIN THE FIRST WEEK. >> Reporter: MY GOSH
[ LAUGH THAT'S A SPECIAL TALENT.
>> YEAH. SHE WAS A RAY OF SUNSHINE.
>> Reporter: SHE'D BEEN LIKE THAT EVER SINCE SHE WAS A KID
GROWING UP ON THE FAMILY FARM WITH HER THREE OLDER SIBLINGS.
JASON MARRIED HER SISTER REBECCA WHEN MINDY WAS 12.
>> FAMILY DINNER TABLE WAS A HUGE DEAL.
AND MINDY SAT AT THE HEAD OF THE TABLE AND -- AND WOULD
ORCHESTRATE THE CONVERSATION AND THE LAUGHTER
>> Reporter: SHE SAT AT THE HEAD OF THE TABLE
>> YUP >> Reporter: THE BABY.
>> SHE DEFINITELY WAS THE CENTER OF ATTENTION
>> Reporter: MINDY WAS HER PARENTS' HAPPY ANGEL, THEIR
YOUNGEST >> REBECCA WAS BORN, OUR
BIOLOGICAL DAUGHTER. THEN WE DECIDED -- TO ADOPT
MICHAEL, OUR -- OUR SON. WE HAD THEM FOR TEN YEARS.
THEN WE DECIDED, "WELL, LET'S TRY FOR TWO MORE."
>> Reporter: MY GOODNESS YOU'RE EITHER A BEARER FOR
PUNISHMENT OR YOU JUST LOVE A BIG FAMILY, HUH?
>> YES >> Reporter: FIRST THEY ADOPTED
APRIL FROM COLOMBIA. SHE FIT RIGHT IN
WHEN THEY FOUND OUT APRIL HAD A BIOLOGICAL LITTLE SISTER WHO
NEEDED A HOME, THE MORGENSTERNS WELCOMED MINDY TOO
DO YOU REMEMBER MINDY COMING HOME
>> OH, YEAH. SHE WAS SO TINY.
AND SHE HAD THE BIGGEST BROWN EYES THAT I'VE EVER SEEN
>> SHE GIGGLED A LOT AND BOUNCED OFF THE WALLS.
VERY ACTIVE LITTLE GIRL, LIKED TO BE OUTSIDE.
>> Reporter: ON THE MORGENSTERN FAMILY FARM, THEY MILKED COWS,
RAISED CHICKENS, TOOK IN STRAY CATS
FARM CHORES FROM DAWN TO DUSK. AROUND TOWN, APRIL AND MINDY,
ADOPTED FROM SOUTH AMERICA, STOOD OUT A BIT, OF COURSE
>> I REMEMBER HAVING TO STAND UP TO SOME KIDS ON THE BUS ONE TIME
BECAUSE THEY WERE GIVING HER AND MY SISTER A HARD TIME.
BUT I JUST PUT 'EM STRAIGHT. I JUST SAID, "HEY, SHE'S MY
SISTER." >> Reporter: BUT IT TURNED OUT
MINDY DIDN'T NEED MUCH HELP. CHEERLEADER, STAR ATHLETE IN
TRACK AND BASKETBALL, CLARINETIST IN THE PEP BAND.
SHE EVEN DID SOME MODELLING. ASHLEY SAID MINDY'S GIFT WAS
MAKING PEOPLE HAPPY. >> EVERYTHING WAS FUNNY AND FUN
WHEN MINDY WAS AROUND. SHE WAS LIKE A SISTER TO ME.
WE COULD TELL EACH OTHER THINGS WE -- WE BOTH HAD A STRONG
FAITH. >> Reporter: OH, YES, THE OTHER
THING, THE CENTRAL THING ABOUT THE MORGENSTERNS REALLY, AND
CERTAINLY ABOUT MINDY. >> SHE KNEW GOD LOVED HER AND --
AND THAT HE WAS THERE FOR HER. >> SHE KNEW WHO SHE -- HER MAKER
WAS, AND SHE WAS NOT GONNA LET ANYBODY TELL HER DIFFERENT
>> IT DIDN'T MATTER WHAT WAS GOING ON
SUNDAY MORNING SHE WOULD WAKE YOU UP AND BE LIKE, "COME ON,
COME TO CHURCH WITH ME." >> Reporter: MINDY'S FAITH CAME
WITH HER TO COLLEGE, AS WELL AS HER PASSION FOR FITNESS.
SHE MAJORED IN PHYSICAL EDUCATION.
>> HOW MANY OF YOU GUYS HERE EXERCISE -- YOU ACTUALLY TAKE
THE TIME OUT OF YOUR BUSY DAY TO EXERCISE
>> Reporter: SHE WANTED TO BE A COACH.
SHE WANTED TO BE A MOM BUT NOW SHE WAS GONE
AND IT WOULD BE UP TO THE POLICE TO FIGURE OUT WHY.
WITH MINDY'S HEARTBROKEN FRIENDS AND NEIGHBORS GATHERED OUTSIDE
THE APARTMENT BUILDING, SERGEANT SWENSON SAW AN OPPORTUNITY
>> I STARTED COLLECTIN' STATEMENTS FROM EVERYBODY THAT
SAW HER THROUGHOUT THE DAY THE LAST PERSON SAW HER AT ABOUT
12:20 THAT DAY, WALKING OUT, HEADING HOME
AND WHEN YOU LEAVE THE COLLEGE, IT TAKES ABOUT FIVE MINUTES TO
GET FROM THE COLLEGE TO WHERE SHE LIVES 'CAUSE IT'S THE SMALL
TOWN >> Reporter: SO HOME BY 12:30.
THEN MINDY MISSED A PHONE CALL AT 12:47 P.M
AND THEN A WITNESS REPORTED SMELLING THE PINE-SOL AT
1:00 P.M JUST HALF AN HOUR.
THAT WAS THE WINDOW. THAT'S WHEN THIS CRIME TOOK
PLACE. EVERYTHING LINED UP.
>> THINGS WERE LINING UP AND WHAT DIDN'T LINE UP IS WHY
OR -- OR WHO COULD'VE DONE IT. >> Reporter: MAYBE A CLUE WAS
RIGHT THERE AT THE CRIME SCENE >> THERE'S PICTURE FRAMES WITH
PICTURES REMOVED IT MAKES YOU WONDER, YOU KNOW,
>> Reporter: MINDY MORGENSTERN'S OFF-CAMPUS APARTMENT WAS NOW A
CRIME SCENE. >> THIS APARTMENT IS ON THE
SECOND FLOOR >> Reporter: THE LITTLE
ONE-BEDROOM WHERE AS A COLLEGE SENIOR SHE LIVED BY HERSELF.
A FACT THAT WAS ITSELF A BIT REMARKABLE IF YOU KNEW MINDY,
THE BORN EXTROVERT >> AND I RECALL WHEN MINDY MOVED
OFF CAMPUS INTO AN APARTMENT BY HERSELF, WE ALL KINDA JOKED.
WE SAID -- >> "YOU?
ALONE? >> "ALONE, LIVIN' BY YOURSELF?
WAS -- >> MINDY
YEAH [ LAUGH ]E >> YEAH, THAT'S WHAT
SHE WANTED >> Reporter: NOT JUST WHAT SHE
WANTED, BUT WHAT SHE NEEDED. DURING HER FRESHMAN YEAR, MINDY
RECEIVED A LIFE-CHANGING DIAGNOSIS.
>> THE DOCTORS CAME IN AND TOLD HER THEY WERE PRETTY SURE SHE
HAD M.S. AND TO DEAL WITH IT AND SO SHE JUST ACCEPTED IT.
>> SHE WOULD NOT LET IT BRING HER DOWN
SHE DIDN'T WANT PITY FOR IT. SHE WANTED TO BE PART OF TH
CAN HELP SOMEBODY ELSE." >> Reporter: THE TRIAL MEANT
MINDY HAD TO GET INFUSIONS OF AN EXPERIMENTAL DRUG.
SHE MOVED TO THE APARTMENT FOR HER HEALTH
DID SHE FEEL SAFE IN THAT APARTMENT OF HERS?
>> YEAH, SHE DID SHE DID.
SHE -- 'CAUSE SHE -- SHE SAID THERE WAS A COUPLE POLICE
OFFICERS THAT LIVED AROUND THE BUILDING
>> Reporter: A CORRECTIONAL OFFICER LIVED IN THE BUILDING
TOO WITH HIS WIFE, CHRISSY AND ON THE NIGHT OF MINDY'S
MURDER, THEY OF COURSE NOTICED THE POLICE LIGHTS OUT THEIR
WINDOW >> HE WENT OUT TO KIND OF SEE
WHAT WAS GOING ON AND CAME BACK IN AND SAID THAT SOMEBODY HAD
BEEN KILLED. I WENT INTO SHEER PANIC.
>> Reporter: CHRISSY, HER DAUGHTER, AND HUSBAND LEFT RIGHT
AWAY FOR HER PARENTS' HOUSE. >> MY HUSBAND, HE KIND OF JUST
WRAPPED ME UP IN HIS ARMS, AND WE LAID THERE.
I DIDN'T SLEEP A WINK. >> Reporter: IT WAS GOING BE A
LONG NIGHT FOR THE OFFICERS AT THE CRIME SCENE TOO.
SERGEANT SWENSON, WHO'D RESPONDED TO THE 911 CALL, KNEW
HIS DEPARTMENT WAS GOING TO NEED HELP
HIS BOSS PHONED THE STATE'S INVESTIGATIVE UNIT
>> THEY CALLED BCI, WHICH IS THE BUREAU OF CRIMINAL
INVESTIGATION, TO ASSIST US WITH THIS
'CAUSE THIS IS WHAT THEY DO. >> Reporter: SPECIFICALLY WHAT
MARK SAYLER, NOW A RETIRED BCI AGENT, DID
SO WHAT'D YOU THINK WHEN YOU GOT THERE?
>> I COULD CERTAINLY SEE WHY THEY CALLED ME
>> Reporter: MINDY'S DEATH WAS COLD-BLOODED, OVERKILL
>> WHAT REALLY CAUGHT MY FOCUS RIGHT AWAY, I GUESS, WOULD BE
THE, UH, TWO KNIVES. THERE WAS ALSO A BELT, UH,
WRAPPED AROUND THE NECK. >> Reporter: THE KILLER LEFT ONE
FINAL TOUCH -- THAT PINE-SOL SERGEANT SWENSON SMELLED
MINDY WAS DOUSED IN IT >> A PINE-SOL BOTTLE WAS LAYING
IN THE CROOK OF THE -- THE ARM OF MINDY MORGENSTERN
WAS IT TO DEFACE THE BODY? OR WAS IT TO, UH, DESTROY ANY
EVIDENCE THAT WOULD'VE BEEN LEFT THERE?
>> Reporter: AND YOU HAVE TO FIGURE OUT WHAT TO DO AND WHERE
TO GO NEXT AND - >> WELL, FIRST THING I DID
WAS -- WAS REALIZE THAT I WAS GONNA NEED SOME MORE HELP.
>> Reporter: SOMETIMES THE BACKUP NEEDS BACKUP OF THEIR
OWN. AGENT SAYLER CALLED ARNIE RUMMEL
AND CAL DUPREE, TWO BCI AGENTS WHO WERE OFTEN PAIRED UP ON THE
DIFFICULT CASES. >> YEAH, ARNIE WAS A CRIME SCENE
GUY, AND I WAS A STAND UP, KNOCK ON DOORS GUY
SO IT WORKED OUT >> Reporter: YEAH.
THEY COULDN'T HELP BUT NOTICE MINDY WAS FULLY DRESSED.
SO THIS CRIME DIDN'T SEEM LIKE A SEXUAL ATTACK OR A ROBBERY
HER PURSE, WALLET, AND CELL PHONE WERE RIGHT NEXT TO HER
BODY >> ARNIE WAS DOING MOST OF THE
REAL CLOSE ANALYSIS. HE NOTICED THAT THERE WAS TISSUE
IN MINDY'S FINGERNAILS AND MADE THE STATEMENT THAT, "THIS IS
GONNA END UP BEING A FORENSIC DNA CASE."
>> WHATEVER IT WAS, WE WERE GONNA FIND OUT WHAT IT WAS
>> Reporter: THEY WRAPPED MINDY'S HANDS IN EVIDENCE BAGS,
SAID A PRAYER THERE'D BE A SHRED OF USABLE DNA, SENT HER BODY OFF
TO THE M.E. FOR A FULL AUTOPSY AND THEN INVESTIGATORS SCANNED
MINDY'S APARTMENT AND SAW SOMETHING A BIT SURPRISING FOR A
YOUNG COLLEGE STUDENT. NOTES STUCK UP ON THE WALLS.
A PARTICULAR KIND OF NOTES >> THERE WERE NOTES AROUND THE
APARTMENT RELATING TO GOD AND HOW SHE WANTED TO BE A GOOD
PERSON AND, "MINDY, YOU ARE A CHILD OF GOD."
JUST NOTES TO HERSELF. >> Reporter: CONFIRMING A
CERTAIN RELIGIOUS BELIEF AS WELL
>> YES >> Reporter: THEY ALSO NOTICED
PICTURE FRAMES, SEVERAL OF THEM, WITH THE PHOTOS REMOVED.
WHEN YOU SAW THOSE PICTURES OUT THERE, DID YOU, LIKE, CONNECT,
"OH, MAYBE THAT HAD SOMETHIN' TO DO WITH IT"?
>> WE DID THINK ABOUT THAT WE HAD TALKED ABOUT IT
YOU KNOW, IS IT SOMEBODY THAT THINKS, YOU KNOW, SHE'S
BEAUTIFUL AND, "I NEED PICTURES OF HER," AND ENDED UP TAKING
PICTURES OF HER? >> Reporter: PERHAPS THIS ASPECT
OF THE CRIME SCENE POINTED TO OBSESSION?
IT WAS CLOSE TO DAWN WHEN AGENT SAYLER LEFT THE SCENE.
HE CALLED IN COLLEAGUES FROM ACROSS THE STATE TO CONDUCT
INTERVIEWS TONI AND DANIELLE, THE FRIENDS
WHO FOUND MINDY'S BODY, HAD GIVEN STATEMENTS TO POLICE AT
THE SCENE. >> I WAS JUST TRYING TO THINK
AND PROCESS AND TRYING TO WRITE DOWN WORD FOR WORD, OR WHAT I
COULD REMEMBER BECAUSE I WAS LIKE, "WELL, I
CAN'T -- I DON'T WANT TO SAY SOMETHING WRONG OR MESS THIS
UP." >> Reporter: YOU WERE KIND OF IN
A FOG. >> YEAH, I WAS KIND OF STARING
OFF AT THE APARTMENT BUILDING LIKE, "WHAT HAPPENED?"
>> Reporter: AND INVESTIGATORS WANTED TO SPEAK TO ANOTHER
WITNESS -- THAT NEIGHBOR WHO'D GONE INTO MINDY'S APARTMENT WITH
DANIELLE >> GOOD AFTERNOON, ROBERT.
>> GOOD AFTERNOON. >> Reporter: HIS NAME WAS
ROBERT LYNDS HE WENT DOWN TO THE STATION TO
GIVE HIS STATEMENT TO CAL DUPREE AND ANOTHER INVESTIGATOR
>>> JUST HAVE A FEW QUESTIONS, ROBERT
UM - >> ANYTHING YOU NEED
>> Reporter: INVESTIGATORS WERE SPEAKING TO ONE OF
MINDY MORGENSTERN'S NEIGHBORS, ROBERT LYNDS, THE MAN WHO WENT
INTO MINDY'S APARTMENT WITH HER FRIEND DANIELLE.
>> I PERSONALLY THINK HE IS A GOOD PERSON BECAUSE HE CAME WITH
ME >> Reporter: I MEAN, YOU HAVE TO
ELIMINATE EVERYBODY. >> YEAH, THEY DID.
>> Reporter: BY HIS OWN ACCOUNT, ROBERT LOOKED OUT OF PLACE IN
VALLEY CITY. >> YOU KNOW, I GOT TATTOOS AND I
LOOK A LITTLE DIFFERENT FROM EVERYBODY AROUND HERE.
>> YEAH. >> NOT A FARMER.
>> Reporter: NO, HE WAS A SOUTHERN CALIFORNIA TRANSPLANT
WHO'D BLOWN INTO TOWN A FEW MONTHS BEFORE MINDY'S MURDER
IN THAT SHORT TIME, THOUGH, HE SAID MINDY HAD LEFT AN
IMPRESSION >> I KNEW HER IN PASSING, SEEING
HER EVERY DAY, YOU KNOW. >> OKAY.
>> SHE WAS ALWAYS FRIENDLY AND WHEN SHE WALKED BY, YOU FELT
HER SPIRIT, YOU KNOW YOU FELT LIKE, "HEY, THAT'S A
GOOD PERSON. >> Reporter: AND YET HERE AT THE
POLICE STATION, TELLING HIS STORY, NEIGHBOR ROBERT TURNED
FROM EYEWITNESS TO PERSON OF INTEREST
>> AND WHEN I TOUCHED HER ARM, I TOUCHED IT LIKE THIS
>> MM-HMM. >> HE SAID HE TOUCHED HER WITH
THE BACK OF HIS HAND TO FEEL FOR A PULSE.
>> Reporter: WHY >> HE'D SAID HE HAD A CRIMINAL
HISTORY IN CALIFORNIA AND THAT BE LOOKED AT AS A POSSIBLE
SUSPECT. >> YEAH, I DID TIME IN -- WELL,
PRISON TIME IN CALIFORNIA, YEAH. >> HOW MUCH -- HOW MUCH DID YOU
DO, ROBERT >> MY ORIGINAL SENTENCE WAS, UM,
TWO YEARS AND EIGHT MONTHS >> Reporter: ROBERT EXPLAINED
WHAT HAD LANDED HIM BEHIND BARS. >> OH, I GOT POPPED, LET'S SEE,
WITH A STOLEN CAR. I HAD A GUN.
I HAD SOME POT >> Reporter: A MAN WITH A RECORD
WHO WAS CONCERNED ABOUT FINGERPRINTS
THAT WAS INTERESTING INVESTIGATORS NEEDED TO KNOW
WHERE HE WAS IN THAT PIVOTAL WINDOW OF TIME FROM 12:30 TO
1:00 P.M >> I WENT TO WORK.
UH, IT WASN'T ANYTHING OUT OF THE ORDINARY, A REGULAR DAY AT
WORK >> DID YOU WORK ALL DAY THEN
>> YEAH. >> YOU -
>> WELL, I TAKE LUNCH BREAK. >> WHAT TIME DO YOU USUALLY GET
YOUR LUNCH BREAK >> I GET MY LUNCH AT NOON.
>> OKAY. >> AND I CAN TAKE UP TO AN HOUR,
BUT I USUALLY, ALMOST EVERY TIME, EVERY DAY, I TAKE ONLY A
45-MINUTE LUNCH. >> Reporter: ROBERT KEPT
TALKING, AND AGENT DUPREE KEPT LOOKING.
>> HE HAD SOME, UH, CUTS, SCRATCHES ON HIS HANDS
YOUR HANDS ARE REALLY CUT UP AND STUFF.
IS THAT NORMAL FROM WORK >> YEAH, THIS IS AN EVERYDAY
THING. SEE?
>> HANDLING STEEL AND SO FORTH >> YEAH, ALL DAY LONG IN STEEL
I GET CUT PRETTY BAD, CONSTANTLY
WE ALL DO. >> WELL, WHAT'S YOUR FINGER
THERE -- WHAT'S HAPPENED THERE I SEE YOU GOT -- I SEE YOU GOT A
BAND-AID ON IT >> YEAH.
I CUT -- I CUT IT TODAY RIGHT ALONG HERE ON A PIECE OF STEEL
>> Reporter: DID ROBERT GET THOSE CUTS AT HIS JOB AT A STEEL
MANUFACTURING PLANT, OR WHILE STABBING MINDY
>> WOULD YOU BE WILLING TO SUBMIT, UH, SOME CHEEK SWABS
FOR -- >> DNA OR -- SURE.
>> WE'RE DOING THAT WITH EVERYBODY.
>> ABSOLUTELY, ABSOLUTELY, FINGERPRINTS, SWABS, WHATEVER
YOU WANT >> Reporter: SO THE END OF THE
INTERVIEW, HE'S WALKING AWAY FROM YOU
WHAT -- WHAT WERE YOU THINKING >> I'M THINKING I'M GONNA REALLY
HAVE TO CHECK THIS GUY'S ALIBI OUT.
HE WAS DEFINITELY A PERSON OF INTEREST
>> Reporter: I WOULD THINK, FIRST MALE AROUND.
>> YEAH, STRANGER TO THE AREA. >> Reporter: BUT INVESTIGATORS
HAD OTHER AVENUES TO PURSUE AS WELL
ONE BY ONE, THEY TALKED TO MINDY'S FRIENDS.
AN AGENT DROVE TO NEW SALEM WHERE HER PARENTS AND SIBLINGS
HAD GATHERED MINDY'S MOM EUNICE WAS
SHATTERED, TORMENTED BY A THOUGHT.
COULD SHE HAVE SAVED HER DAUGHTER
SHE'D PLANNED TO VISIT MINDY THE VERY DAY IT HAPPENED, BUT AT THE
LAST MINUTE DECIDED NOT TO GO. >> I TALKED TO HER THE NIGHT
BEFORE, AND SHE SAID, "IT'S OKAY IF YOU DON'T COME, MOM
I KNOW YOU'RE TIRED. AND WE HAD SOME THINGS GOING ON
AT HOME. >> Reporter: SHE WRESTLED WITH
THE GUILT. >> I REALLY FELT LIKE I SHOULD
BE THERE AND PROTECT HER AND I WASN'T THERE WHEN SHE
NEEDED ME. AND I HAD TO REALLY WORK THROUGH
THAT I JUST WANTED TO CHANGE IT
I WANTED TO GO BACK AND MAKE IT DIFFERENT.
>> Reporter: YOU NEED A REWIND TAPE OR SOMETHING.
>> YEAH. I WANTED TO RESCUE HER
>> Reporter: STILL, INVESTIGATORS HAD TO KNOW IF
THEY HAD ANY IDEAS WHO MIGHT HAVE DONE THIS TO MINDY.
>> I MEAN, SHE DIDN'T HAVE REALLY ANY ENEMIES, AND SO IT
JUST WAS HARD TO COMPREHEND THAT SOMEBODY WOULD WANNA TAKE HER
OUT, YOU KNOW? >> Reporter: BUT THERE WAS THIS
ONE THING THE FAMILY HAD HEARD ABOUT.
JUST WEEKS BEFORE THE MURDER, MINDY HAD A SCARY ENCOUNTER.
AND SHE CALLED HER OLD FRIEND ASHLEY IN HYSTERICS.
>> I WAS SAYING, "WHAT IS -- WHAT'S WRONG
WHAT'S GOING ON? ARE YOU OKAY?"
AND SHE WAS SO BESIDE HERSELF. SHE WAS SAYING, "SOMEBODY WAS
TRYING TO TAKE ME. SOMEBODY WAS TRYING TO TAKE ME."
AND I'M LIKE, "WHAT? >> Reporter: MINDY WAS OUTSIDE
HER APARTMENT WHEN IT HAPPENED A MAN IN A BLUE CAR, SHE SAID,
ROLLED DOWN HIS WINDOW, ASKED HER FOR DIRECTIONS
AND THEN - >> THE PERSON PUT THE CAR IN
PARK AND GOT OUT OF THE CAR AND WAS RUNNING TOWARDS HER.
SO SHE RAN BACK IN THE BUILDING. >> SHE WAS FREAKED OUT
I REMEMBER EUNICE TELLING HER, "JUST RELAX, AND IF YOU NEED TO,
CALL 911." YOU KNOW, MAKE SURE YOU GET A
GOOD DESCRIPTION AND, YOU KNOW -- AND CALL THE POLICE.
>> Reporter: MINDY DID FILE A POLICE REPORT.
BUT BACK THEN, PEOPLE IN HER LIFE DIDN'T KNOW EXACTLY WHAT TO
MAKE OF IT AS OUTGOING AS MINDY WAS, HER
COLLEGE FRIENDS SAID, SHE ALSO SPOOKED EASILY
>> WE USED TO JOKE THAT MINDY WAS SCARED OF HER OWN SHADOW
>> Reporter: IT'S AN INTERESTING COMBINATION, ISN'T IT?
VERY OUTGOING -- >> YEAH.
>> UH-HUH. >> Reporter: VERY BUBBLY, AND
YET TIMID AT THE SAME TIME >> YEAH.
>> EXACTLY VERY TIMID AT THE SAME TIME.
>> I REMEMBER THINKING, "OH, MINDY, YOU'RE BEING SILLY.
YOU KNOW -- YOU KNOW, "JUST -- YOU'RE GONNA BE OKAY."
AND -- >> Reporter: SHE HAD A WAY OF --
A WAY OF DRAMATIZING THINGS I THINK, DIDN'T SHE?
>> YEAH. THAT SEEMED LIKE SHE -- I GUESS
I THOUGHT SHE WAS OVER-DRAMATIZING IT.
>> Reporter: BUT NOW THAT SHE WAS DEAD, INVESTIGATORS WOULD
LOOK HARD FOR THAT STRANGER IN THE BLUE CAR
WHILE AT THE SAME TIME THEY NEEDED TO GET TO KNOW THE PEOPLE
CLOSEST TO MINDY'S CIRCLE, PEOPLE WHO LOVED HER AND PEOPLE
SHE LOVED. JUST NOT AT THE SAME TIME, OR
MAYBE IN THE SAME WAY. IT'S COMPLICATED, LOVE IS.
ESPECIALLY IN A MURDER INVESTIGATION.
TIME TO TALK TO THE BOYFRIENDS >> HOW DO YOU SPELL YOUR LAST
NAME AGAIN, JORDAN >> RANUM
R-A-N-U-M. >> WE APPRECIATE YOU COMING OVER
>> Reporter: IT ALL BUT DID THEM IN, THE LOSS OF THEIR MINDY.
OVER AND OVER, LARRY AND EUNICE MORGENSTERN REPLAYED THE
LAST TIME THEY'D SEEN THEIR DAUGHTER -- ON A RECENT VISIT
HOME AND THEN, AS SHE SET OUT TO
RETURN TO COLLEGE -- >> NORMALLY WE SAY, YOU KNOW,
GOOD-BYE AND WATCH HER DRIVE DOWN THE ROAD.
AND SHE DROVE DOWN THE ROAD. AND ALL OF A SUDDEN, THE CAR
STOPPED, AND SHE BACKED UP AGAIN.
AND SHE CAME RUNNING BACK, AND SHE GAVE ME A HUG.
AND SHE SAID, "DAD, I LOVE YOU." AND SHE HAD NEVER DONE THAT
BEFORE AND THAT WAS THE LAST TIME WE
SEEN HER >> Reporter: OH, MY GOSH
>> SOMETHING WAS -- WAS WORKING BEHIND THE SCENE THAT WAS --
SOMETHING WAS GONNA HAPPEN, AND WE DIDN'T KNOW WHAT IT WAS, AND
SHE DIDN'T EITHER. >> Reporter: HE HANGS ON TO IT
EVEN NOW, THE MOMENT AS REAL AS IF IT HAPPENED THIS VERY
MORNING. BUT BACK THEN, BACK ON THE AWFUL
DAY EUNICE AND LARRY LEARNED OF HER DEATH, INVESTIGATORS WERE
JUST BEGINNING TO WRESTLE WITH THE QUESTIONS WHO DID THAT TO
HER, AND WHY >> ANYBODY THAT, UH, WE THOUGHT
KNEW HER MUCH AT ALL, WE WANTED TO INTERVIEW
>> Reporter: LIKE MINDY'S BOYFRIENDS
WHAT'S THE IMPORTANCE OF BOYFRIENDS IN A SITUATION LIKE
THIS >> A LOT OF THESE TYPE OF CASES,
IT'S USUALLY SOMEBODY THAT KNOWS THE VICTIM PRETTY WELL
AND YOU ALWAYS LOOK AT THE BOYFRIEND OR A CLOSE FRIEND OR
EX-BOYFRIEND AS PERSONS OF INTEREST
>> Reporter: MINDY'S BOYFRIEND AT THE TIME OF HER MURDER WAS
FROM A LOCAL FARMING FAMILY. JORDAN RANUM
THEY'D BEEN TOGETHER FOR OVER A YEAR
SOFT-SPOKEN, CLEAN-CUT, JORDAN ZIPPED AROUND TOWN IN A
BRAND-NEW CORVETTE AND HIS LIFE, JUST LIKE MINDY'S,
REVOLVED AROUND HIS FAITH. >> WENT TO SAME CHURCH AS MINDY.
I THINK THAT'S WHERE THEY MET WAS AT CHURCH.
PRETTY GOOD KID. NO -- AS FAR AS I KNOW, HE HAD
NO CRIMINAL RECORD OR CRIMINAL HISTORY OF ANY KIND.
>> Reporter: JORDAN SEEMED COMPLETELY DEVOTED TO MINDY.
HE CHAUFFEURED HER EVERYWHERE, OFTEN TOOK HER HOME TO SPEND
TIME WITH HIS FAMILY >> HE'S A WONDERFUL GUY.
>> MINDY WAS VERY OUTGOING, ALWAYS HAD TO BE DOING
SOMETHING. AND JORDAN WAS NOT THAT WAY, BUT
HE SUPPORTED HER AND LOVED HER SO MUCH.
>> Reporter: MAYBE MORE THAN SHE LOVED HIM.
WHAT DID YOU FIND OUT ABOUT THE NATURE OF THAT RELATIONSHIP?
>> I THINK THERE WERE A FEW WITNESS THAT INDICATED THAT HE
THOUGHT THERE WAS A LOT MORE TO THE RELATIONSHIP THAN SHE DID.
>> Reporter: SO A RELATIONSHIP OUT OF BALANCE
WOULDN'T BE THE FIRST TIME SUCH A THING BECAME A MOTIVE FOR
MURDER MINDY'S BROTHER-IN-LAW JASON HAD
HIS OWN OPINIONS HE THOUGHT JORDAN HAD A JEALOUS
STREAK, WAS A BIT CONTROLLING. DID YOU HAVE IDEAS EARLY ON
ABOUT WHO MIGHT'VE DONE THIS TO HER?
>> I FELT LIKE IT WAS THE JEALOUS BOYFRIEND.
>> Reporter: WAS JORDAN PARTICULARLY POSSESSIVE?
>> IN MY OPINION, YES. THERE WERE TIMES WHEN SHE'D COME
OUT TO VISIT THE FARM -- HE WOULD SHOW UP UNANNOUNCED AND
WANNA HAVE HER LEAVE AND GO WITH HIM.
AND SHE LITERALLY HAD TO TELL HIM, "LEAVE US ALONE."
>> Reporter: JORDAN CAME IN FOR AN INTERVIEW
INVESTIGATORS SAID HE SEEMED EAGER TO HELP THEM
>> WE WANT TO TALK TO YOU ABOUT THE NIGHT BEFORE, AND THEN TAKE
US RIGHT THROUGH THE DAY OKAY
>> OKAY. WE WENT OUT TO STOP-N-GO
WE GOT SOMETHING TO DRINK. WE RENTED A MOVIE.
NEXT MORNING, SHE WOKE UP. SHE CALLED ME AT EXACTLY 10:45
>> Reporter: JORDAN SAID THEY ONLY SPOKE ONCE THAT DAY, AND
THAT WAS UNUSUAL FOR MINDY >> SHE CALLED ME TEN TIMES A
DAY. AND THIS -- THIS DAY, SHE JUST
NEVER CALLED BACK. >> Reporter: JORDAN PROVIDED HIS
WHEREABOUTS AT THE TIME OF MINDY'S MURDER
HE'D BEEN WORKING ON THE FAMILY FARM
INVESTIGATORS ASKED HIM FOR A SAMPLE OF HIS DNA AND IF HE'D
SIT FOR A POLYGRAPH. HE AGREED.
>> ON SEPTEMBER 13th, DID YOU PHYSICALLY HARM MINDY AND CAUSE
HER DEATH? >> NO.
>> HE WAS SO EMOTIONAL DURING THE WHOLE THING THAT THE
POLYGRAPH RESULT WAS -- WAS INCONCLUSIVE AS TO WHETHER HE
WAS TELLING THE TRUTH OR NOT >> YOU KNOW, YOU -- YOU'RE
CONCENTRATING TOO MUCH ON YOUR BREATHING.
>> I KNOW. I THOUGHT ABOUT THAT, AND
HONESTLY, THIS IS STRESSFUL. >> Reporter: WAS IT GUILT MAKING
HIM SQUIRM, OR AN ALL ENCOMPASSING, HEART CRUSHING
GRIEF? MINDY'S COLLEGE FRIENDS BECKY
AND LIZ WOULD SURELY HAVE SAID THE LATTER
DID YOU EVER THINK THAT HE COULD HAVE HAD ANYTHING TO DO WITH HER
DEATH? >> I NEVER DID
I NEVER THOUGHT JORDAN >> I SAID NO
THERE'S NO WAY THERE WAS NOT AN INKLING THAT
JORDAN - >> NEVER RED FLAGS FOR JORDAN.
>> -- COULD HAVE DONE THAT >> Reporter: INVESTIGATORS TOLD
JORDAN HE WAS FREE TO GO, AND HE DID.
THEY JUST HAD TO VERIFY HIS ALIBI.
BUT JORDAN WASN'T THE ONLY SIGNIFICANT OTHER.
KYLE KUZNIA WAS MINDY'S EX, HER BOYFRIEND BEFORE JORDAN.
>> HE WAS DEFINITELY THE LOVE OF HER LIFE
>> THEY REALLY CONNECTED RIGHT AWAY
>> HE WAS VERY POPULAR HE WAS ATHLETIC.
>> AND HE ALSO WAS RELIGIOUS HE ALSO HAD A STRONG FAITH, AND
HE WAS YOUR TRADITIONAL BOYFRIEND.
>> Reporter: KYLE MET MINDY WHEN SHE WAS A FRESHMAN AND HE WAS A
JUNIOR THEY DATED FOR 2 1/2 YEARS
KYLE OFTEN WENT TO THE MORGENSTERN FARM WITH MINDY.
AND THE FAMILY LIKED HIM, EMBRACED HIM AS ONE OF THEIR
OWN. >> AND HE KNEW HOW TO HANDLE
HER, IF SHE COULD BE HANDLED >> YEAH.
>> HE JUST HAD A REALLY SPECIAL WAY WITH DEALING WITH HER
BUBBLY, OUTGOING PERSONALITY >> AND MINDY LOVED HIM A LOT
SHE THOUGHT SHE WOULD GET MARRIED TO HIM ONE DAY
SHE HAD HER SONG PICKED OUT ALREADY, "CANON IN D," AND THE
KIND OF DRESS SHE WANTED >> Reporter: OH, BUT YOUNG LOVE.
THERE WOULD BE NO WEDDING. MORE THAN A YEAR BEFORE THE
MURDER, MINDY AND KYLE BROKE UP. AND AS BREAKUPS OFTEN DO, IT
LEFT RAW, HARD FEELINGS IN ITS WAKE
>> Reporter: IN ONE TERRIBLE DAY, THIS ONCE SAFE, TRANQUIL
COLLEGE TOWN CHANGED >> IT WAS LIKE MY LIFE STOPPED
I COULDN'T GO ANYWHERE AND DO ANYTHING BECAUSE I HAD SUCH BAD
ANXIETY. >> IF YOU WEREN'T SAFE IN
VALLEY CITY, NORTH DAKOTA -- >> YOU'RE NOT SAFE ANYWHERE.
>> AND MINDY, OF ALL PEOPLE, WHO WOULD HURT MINDY
LIKE THE OUTGOING, FUN, CARING, COMPASSIONATE GIRL THAT
EVERYBODY LOVED. >> Reporter: HUNKERED DOWN IN
VALLEY CITY'S LITTLE POLICE DEPARTMENT, INVESTIGATORS WERE
WORKING HARD TO QUELL ALL THAT FEAR
>> WE APPRECIATE YOU COMING OVER HERE
>> Reporter: THEY WERE TALKING TO MINDY'S EX, THE MAN SHE'D
THOUGHT OF AS THE LOVE OF HER LIFE
KYLE KUZNIA. THEY ASKED FOR DNA AND
FINGERPRINTS >> YOU HAVE GOOD TEETH
>> WELL, THANK YOU >> Reporter: KYLE TOLD THEM THE
STORY -- A STORY, ANYWAY, ABOUT HIS LIFE WITH MINDY.
THEY GOT TO KNOW EACH OTHER, HE SAID, HOMECOMING WEEKEND OF
2002 >> I WAS, I GUESS CROWNED
HOMECOMING KING, AND -- AND AFTER THAT WE JUST HAD PIZZA AND
JUST KINDA HUNG OUT, I GUESS, FOR A COUPLE HOURS
AND IT JUST KIND OF PROGRESSED FROM THERE
>> Reporter: THE RELATIONSHIP LASTED TWO AND A HALF YEARS, AND
KYLE DESCRIBED IT AS WELL, UP AND DOWN
>> IT WAS, I GUESS, REALLY HARD AND KIND OF A ROCKY
RELATIONSHIP IT JUST SEEMED LIKE WE WERE
ALWAYS ARGUING >> Reporter: IT DIDN'T HELP WHEN
KYLE GRADUATED AND MOVED ABOUT AN HOUR AWAY
IT WASN'T VERY FAR BUT - >> SHE WAS ALWAYS WORRIED ABOUT
ME FINDING ANOTHER GIRL OR FEMALE DOWN IN FARGO
AND I SAID, YOU KNOW, THAT'S NOT GOING TO HAPPEN.
I SAID, IT'S YOU KNOW OBVIOUSLY WE'RE TOGETHER
>> Reporter: STILL, HE SAID DATING LONG-DISTANCE WAS
DIFFICULT. THERE WAS WORK, SCHOOL, OTHER
FRIENDS, OTHER GUYS AROUND MINDY, ALL COMPETING FOR HER
ATTENTION. THE RELATIONSHIP DID NOT
SURVIVE. >> I SAID IT JUST -- I DON'T
THINK IT'S WORKING >> Reporter: AND MINDY
>> MINDY WAS BROKENHEARTED AND MINDY WANTED TO DO
EVERYTHING SHE COULD TO MAKE THINGS RIGHT IN THEIR
RELATIONSHIP >> Reporter: SHE WANTED TO GET
HIM BACK >> SHE REALIZED THEY WERE YOUNG
AND SHE ALWAYS LOVED KYLE. >> SHE KEPT SAYING, "JAY, HOW
CAN I GET KYLE BACK? YOU KNOW, "HE'S THE LOVE OF MY
LIFE." AND YOU KNOW, "WHAT CAN I DO?"
AND IT -- SHE WANTED TO TALK ABOUT THAT, BUT ALSO ABOUT, YOU
KNOW, BEING -- TRUSTING THAT GOD HAD A PLAN
>> Reporter: KYLE MOVED ON MET SOMEONE ELSE
SAID HE DIDN'T TALK TO MINDY ANYMORE, EXCEPT ONE NIGHT, ABOUT
SEVEN MONTHS BEFORE SHE WAS MURDERED
HE SAID, SHE CAME BY HIS PLACE AND WANTED TO TALK
HE WANTED HER TO LEAVE >> SO I JUST -- I SAID, I DON'T
HAVE ANYTHING TO SAY TO YOU. I SAID, PLEASE LEAVE
AND SO, FINALLY SHE -- SHE LEFT CRYING THAT NIGHT.
>> Reporter: SOUNDED KIND OF UGLY, THE SORT OF THING THAT
GETS A HOMICIDE DETECTIVE'S ATTENTION.
BUT SITTING THERE IN THE INTERVIEW ROOM, DAYS AFTER THE
MURDER, KYLE SEEMED TO REGRET HOW HE ACTED
>> NOW, LOOKING BACK, I -- I FEEL -- I FEEL A LITTLE BAD THAT
MAYBE I COULD HAVE HANDLED IT A LITTLE DIFFERENT
I GUESS AS FAR AS MAYBE JUST LETTING HER TALK BUT, YOU KNOW,
I JUST DIDN'T KNOW PERSONALLY WHAT, I MEAN, WHAT ELSE TO DO
OTHER THAN JUST -- JUST SAY LEAVE.
SO - >> HAVE YOU HAD ANY OTHER
CONTACT WITH HER SINCE THEN? >> NO, THAT WAS -- THAT WAS THE
LAST TIME I -- I EVER TALKED TO HER.
>> Reporter: BUT -- NOW THIS WAS INTERESTING.
KYLE TOLD THEM THAT MINDY HAD STAYED IN TOUCH WITH SOMEONE
VERY CLOSE TO HIM. HIS FATHER, RODNEY
>> LIKE HIM AND HER WOULD CONTINUE TO TALK AND HE'D CALL
ME AND SAY, YOU KNOW, WELL, MINDY'S, YOU KNOW, THIS IS GOING
ON OR THIS IS GOING ON >> KYLE KUZNIA'S FATHER, RODNEY
MAINTAINED CONTACT WITH MINDY. AND WOULD CALL HER ON THE PHONE
CONSTANTLY, WOULD COME AND VISIT HER --
>> Reporter: HOW OFTEN DID HE CALL HER
>> MINDY'S FRIENDS SAID THAT "HE WOULD CALL SEVERAL TIMES A DAY."
AND THEN, YOU KNOW, IT -- SOMETIME LATER IT MAYBE SCALED
BACK TO, YOU KNOW, SEVERAL TIMES A WEEK
BUT NEVER REALLY -- NEVER REALLY QUIT
>> Reporter: KINDA CREEPY. >> KINDA CREEPY.
THAT'S A CREEPER, YEP. >> Reporter: KYLE TOLD
INVESTIGATORS HE THOUGHT HIS DAD WAS TOO ATTACHED TO MINDY.
>> I EVEN ASKED MY DAD, "I WOULD APPRECIATE IT," I SAID, "IF YOU
GUYS WOULD STOP TALKING," I SAID
I SAID, "WHAT IS IT? I SAID, "I DON'T KNOW WHAT IT'S
GOING TO TAKE FOR YOU GUYS TO STOP TALKING."
>> Reporter: THEN, KYLE TOLD INVESTIGATORS HIS MOTHER FOUND
OUT ABOUT ALL THOSE CALLS AND WAS ALARMED.
>> SHE WAS OBVIOUSLY VERY UPSET WITH IT.
AND SHE EVEN SAID THAT THAT'S WRONG BECAUSE OBVIOUSLY HE'S
MARRIED AND HE'S, YOU KNOW, TALKING TO THIS OTHER YOUNG GAL.
AND I SAID, YEAH, I -- I TRULY AGREE.
I THINK IT'S WRONG TOO, MOM. >> Reporter: THE NATURE OF
RODNEY'S FRIENDSHIP WITH MINDY WAS A PUZZLE
WAS THIS A
FATHER-DAUGHTER THING? >> SHE GENUINELY LIKED
THE FAMILY KYLE'S DAD RODNEY WAS JUST LIKE A FATHER
FIGURE TO HER. >> IT WAS ODD. >> I CAN'T SAY WHAT
HIS INTENTION WAS, BUT I KNOW FOR MINDY, THAT'S ALL IT WAS, WAS
A WAY TO KEEP SOMEWHAT CONNECTED TO KYLE. >> Reporter: SO, HOW
WOULD THIS MUCH OLDER MAN EXPLAIN WHAT INVESTIGATORS THOUGHT
LOOKED LIKE AN OBSESSION WITH THE YOUNG COLLEGE STUDENT?
DID YOU BRING HIM IN >> YES, THE INVESTIGATORS DID
BRING HIM IN >> Reporter: WHAT HE HAD TO SAY, STRANGER
AND STRANGER >> I'M SORRY IT HAD TO HAPPEN THAT WAY IT
>> Reporter: IN THE DAYS AFTER MINDY'S MURDER, INVESTIGATORS
TALKED TO NEIGHBORS AND MEN SHE DATED. THEY LOOKED INTO HER
FRIENDSHIPS. NOW THEY HAD THEIR ANTENNA UP ABOUT
RODNEY KUZNIA, MINDY'S EX-BOYFRIEND'S FATHER. THEY BROUGHT HIM IN
FOR QUESTIONING. >> MAKE YOURSELF COMFORTABLE.
>> Reporter: FOR STARTERS, THE OBVIOUS QUESTION -- WHY WAS HE
SO ATTACHED TO HIS SON'S 22-YEAR-OLD EX-GIRLFRIEND?
>> I DON'T UNDERSTAND THE RELATIONSHIP THAT YOU HAVE WITH HER
AFTER YOUR SON BROKE UP I MEAN -
>> WELL, YOU'D HAVE TO KNOW MINDY SHE WAS QUITE THE
BUBBLY CHARACTER I MEAN, HER -- >> I UNDERSTAND THAT
>> HER ACTIONS AND HER -- WELL, I'LL PUT IT THIS WAY.
SHE REMINDED ME SO MUCH OF MY WIFE IN HER YOUNGER DAYS
IN THE BEGINNING, THERE WASN'T MUCH. IT WAS NO BIG DEAL
WE ONCE -- ONCE A WEEK, WE -- WE'D CHAT A LITTLE BIT FOR JUST
A FEW -- IT'S HARD TO CATCH HER.
IT WAS HARD TO CATCH HER AT HOME BECAUSE SHE HAD AN ANSWERING
MACHINE. >> Reporter: RODNEY SAID AT FIRST HE AND
MINDY USUALLY TALKED ABOUT KYLE >> SHE ALWAYS, YOU
KNOW, BROUGHT UP MY SON'S NAME AND WAS WONDERING IF HE WAS
STILL, UH -- THE CHANCE THERE'S -- THAT THEM GETTING BACK
TOGETHER AGAIN WERE STILL GOOD OR NOT. >> Reporter: BUT SOON
THEY TALKED AND TEXTED ALL THE TIME, ABOUT ALL KINDS OF THINGS.
THEY DIDN'T STOP EVEN AFTER HIS WIFE FOUND OUT.
RODNEY REMEMBERED THAT DIFFERENTLY FROM KYLE. >> SHE DIDN'T CARE
>> NO. NO IT WAS NOTHING TO DO
WITH THAT. I JUST -- I TOLD HER -- I SAID, "IT'S A
FRIEND." I SAID, "I NEED A FRIEND."
I SAID, "YOU'RE GONNA TAKE THE FRIEND AWAY FROM ME TOO?
AND I THINK EVEN MY SON, KYLE, UNDERSTOOD 'CAUSE HE -- HE
KNEW -- WHEN WE TALKED, HE SAID, "YOU STILL TALK TO MINDY?
I SAID, "YES." HE SAID, "IF YOU FELT IT WAS IMPORTANT TO
TALK TO HER, IT WAS OKAY." >> Reporter:
FRIENDSHIP, FATHER FIGURE, OR WHAT? RODNEY SAID HE TRIED
TO PULL AWAY FROM MINDY, BUT IT WAS COMPLICATED.
>> SHE KNEW IT WAS LIKE A FATHER-DAUGHTER RELATIONSHIP DEAL.
BUT YET SHE WANTED IT TO STOP TOO, AND I JUST COULDN'T LET HER
GO I SAID, "DO YOU WANT ME TO QUIT CALLING
YOU? AND SHE GOES, "NO, NO, NO, NO, DON'T DO
THAT." SO THAT'S -- IF SHE WOULD HAVE SAID YEAH,
I WOULD'VE LET HER -- I WOULD'VE LET HER GO. BUT SHE NEVER DID SAY
ANYTHING THERE'S A LOT OF THINGS I'M TELLING YOU
GUYS HERE THAT MY WIFE WOULD PROBABLY DIVORCE ME IN A HEARTBEAT IF
SHE WERE TO FIND OUT ABOUT. >> Reporter: WHAT DID
THAT MEAN? INVESTIGATORS KEPT HIM TALKING.
RODNEY REVEALED HE MET MINDY FOR MEALS. AND JUST BEFORE SHE
WAS MURDERED, HE GAVE HER A HUNDRED DOLLARS. >> SHE WAS SUPPOSED TO
BE FLYING DOWN TO HER -- HER BROTHER'S WEDDING IN WASHINGTON.
SHORT OF MONEY SHE DIDN'T WANT TO ACCEPT IT.
AND I SAID, "WELL, IF YOU DON'T ACCEPT IT" -- I SAID, "I'LL
GO" -- TRYING TO FRIGHTEN HER, I SAID, "I'LL SPEND IT ON
BOOZE. I'LL GO SPEND IT IN THE BAR.
AND THEN SHE TOOK IT RIGHT AWAY SHE THOUGHT IT WAS A
$20 BILL AND SHE OPENED IT UP AND SAID, "OH, YOU,"
YOU KNOW, "DON'T DO THAT." AND I SAID, "THAT'S
YOUR MONEY." I SAID, "I'M TRYING TO HELP YOU OUT HERE.
I SAID, "YOU'RE LIKE MY LITTLE DAUGHTER." I SAID, "I'D HELP MY
DAUGHTERS THE SAME WAY. >> HE WOULD GIVE HER
MONEY. HE'D EVEN DRIVE TO MAKE SPECIAL TRIPS TO
VALLEY CITY TO SEE HER. >> Reporter: NOT
EXACTLY APPROPRIATE TO HAVE THAT SORT OF RELATIONSHIP WITH YOUR
SON'S EX-GIRLFRIEND. >> NO. AND IT -- IT SURE
DIDN'T SEEM APPROPRIATE TO US, YOU KNOW
KIND OF STRANGE, THE WAY HE HANDLED ALL THOSE THINGS
>> RODNEY HIMSELF SAID, "WELL, I FELT LIKE SHE WAS LIKE
ANOTHER DAUGHTER TO ME." UH, BUT, YOU KNOW,
EVEN AT THAT, THAT IT WAS VERY STRANGE, VERY STRANGE TO US.
>> Reporter: RODNEY SAID THAT WHEN HE HEARD THE TERRIBLE
NEWS, HE WAS DISTRAUGHT AND HE JUST WANTED TO TALK TO
MINDY ONE LAST TIME. >> MINDY, THIS IS ROD. >> Reporter: RODNEY
DIALED MINDY'S NUMBER, LEFT HER VOICEMAILS AFTER SHE DIED
>> I KNOW WHAT HAPPENED TO YOU. I JUST LOVE HEARING
YOUR VOICE I CAN'T TAKE IT. [ CRYING ]
I LOVE YOU, KID. I'M SORRY IT HAD TO HAPPEN THAT WAY IT
HAPPENED TO YOU. OH, I'M GOING TO MISS YOU.
BYE. [ CRYING ] >> Reporter: FOR
INVESTIGATORS, THOSE EMOTIONAL VOICEMAILS DIDN'T MAKE RODNEY ANY
LESS SUSPICIOUS. MAYBE EVEN MORE. AND WHILE
INVESTIGATORS DIDN'T THINK MINDY WAS ROMANTICALLY INVOLVED
WITH HER EX'S DAD, IT SURE SEEMED POSSIBLE THAT HE HAD BECOME
DANGEROUSLY OBSESSED WITH HER RODNEY GAVE
INVESTIGATORS HIS DNA. AND THEY ASKED HIM AGAIN AND AGAIN ABOUT
HIS WHEREABOUTS THAT DAY. >> YOU GOT UP WHAT
TIME >> I LEFT AFTER MY WIFE LEFT WORK
SHE LEFT -- SHE LEAVES FOR WORK, LIKE, 7:30, ABOUT 25 AFTER 7:00.
>> YOU DROVE TWO MILES TO THE FARM. >> RIGHT
>> AND WHO WAS AT THAT FARM NOW >> IT WOULD HAVE BEEN
KIRK, MY SON >> HOW DID YOU GET TO THE SHOP
>> WALK. >> DID ANYBODY GO WITH YOU OVER THERE
>> WELL, THAT'S WHAT I'M TRYING TO REMEMBER
>> Reporter: OVER TWO HOURS, RODNEY GAVE AN ALMOST
MINUTE-BY-MINUTE ACCOUNT OF THE DAY NOW THE AGENTS HAD TO
RUN IT ALL DOWN. WAS THIS THE ANSWER TO THEIR MYSTERY, OR WAS
THE KILLER LURKING ABOUT SOMEWHERE ELSE MAYBE RIGHT THERE,
>> Reporter: THEY HAD TO USE THE NEW SALEM SCHOOL GYM FOR HER
FUNERAL. SO MANY WANTED TO JUST BE THERE FOR
MINDY MORGENSTERN. >> THERE MUST HAVE BEEN OVER 1,000 OR
1,100 PEOPLE IN THIS -- IN THIS -- IN THE GYMNASIUM THAT
DAY, STANDING ROOM ONLY, OUT THE DOORS, WHICH WAS A TRIBUTE.
>> Reporter: SO REMARKABLE IN A SMALL TOWN
>> YEAH. >> YEAH. >> Reporter: GET THAT
MANY PEOPLE -- MINDY'S BROTHER-IN-LAW JASON IS A PASTOR.
HE LED THE SERVICE REMINDED PEOPLE OF WHAT MINDY BELIEVED IN
SO STRONGLY, THAT HER LIFE AND WHATEVER HAPPENED AFTER WAS IN
GOD'S HANDS. >> I CAN GUARANTEE YOU TODAY WE WILL NEVER
LOSE MINDY
HARDEST PART BECAUSE IT WAS PERMANENT I DON'T KNOW
I GUESS PART OF ME UP TO THAT POINT THOUGHT THAT IT WAS JUST A
NIGHTMARE THAT WE WERE GONNA WAKE UP FROM >> Reporter: HERE
GRIEF AND UNANSWERED QUESTIONS HUNG TOGETHER IN THE AIR.
AND ATTENTIVE INVESTIGATORS WATCHED FOR WHAT THEY DIDN'T
EXACTLY KNOW >> WE ASSIGNED PEOPLE JUST TO TAKE PICTURES
OF PEOPLE THAT WERE THERE, TAKE VIDEO TO SEE IF THERE WAS
ANYBODY THAT REACTED IN A STRANGE OR UNUSUAL WAY.
>> Reporter: GOT NOTHIN' OUT OF THAT THOUGH, I'M ASSUMING
>> NOTHIN' THAT STUCK OUT AS EXTRAORDINARY BUT WE WERE STILL
SCRAMBLING, LOOKING FOR WHO MIGHT'VE DONE THIS
>> Reporter: WHILE SOME INVESTIGATORS CHECKED OUT THE PEOPLE
CLOSEST TO MINDY, OTHERS FOCUSED ON A SLEW OF RANDOM PEOPLE
WHO MAY HAVE ENCOUNTERED, OR WHO DID ENCOUNTER, MINDY
>> WE ENDED UP WITH, OH, APPROXIMATELY A DOZEN BUREAU OF
CRIMINAL INVESTIGATION AGENTS CONDUCTING INTERVIEWS AND CHASING
DOWN LEADS THAT WERE COMING IN. >> Reporter: LEADS
LIKE TONI'S BOYFRIEND, THE ONE WHO'D CHECKED UP ON TONI THE NIGHT
OF MINDY'S MURDER. EVEN THOUGH HE LIKED MINDY, SHE DIDN'T
THINK MUCH OF HIM AND THOUGHT HER FRIEND COULD DO BETTER.
>> SHE WASN'T MEAN OR RUDE OR SAID, "I HATE HIM.
SHE DIDN'T LIKE THE FACT THAT I WAS DATING HIM, AND SHE ALWAYS
WANTED ME TO BREAK UP BECAUSE HE JUST WASN'T -
>> Reporter: WASN'T GOOD TO YOU. >> NO.
HE WASN'T GOOD TO ME >> THE FRIENDS HAVE HAD -- HAD TOLD US
THAT MINDY DIDN'T CARE MUCH FOR HIM AND DIDN'T LIKE HER FRIEND
DATING HIM >> Reporter: WELL, WOULD GIVE HIM A
MOTIVE TO BE MAD AT HER I GUESS. >> YES
>> Reporter: INVESTIGATORS BROUGHT TONI'S BOYFRIEND TO
THE STATION. HE SAID HE'D NEVER TALKED MUCH TO MINDY,
BUT SHE ALWAYS HAD A SMILE ON HER FACE. HE DIDN'T SEEM AWARE
OF HOW MINDY FELT ABOUT HIM. BUT COULD HE PROVE
WHERE HE WAS DURING THE HOUR POLICE BELIEVE THE MURDER
HAPPENED >> HE HAD A PRETTY GOOD ALIBI AS TO WHERE
HE WAS >> Reporter: HE HAD COMMUNITY SERVICE OR
SOMETHING BECAUSE HE - >> CORRECT
Reporter: -- COMMITTED SOME SORT OF OFFENSE >> YEAH.
>> Reporter: WOW OCCASIONALLY, EVEN OUR BAD DEEDS WILL COME
BACK TO HELP US. >> SOMETIMES >> Reporter: BUT WHAT
ABOUT ALL THOSE OTHER POTENTIAL SUSPECTS AND THEIR ALIBIS
LIKE MINDY'S NEIGHBOR ROBERT LYNDS, THE GUY WITH THE SCRATCHES ON
HIS HANDS WHO WAS SO WORRIED ABOUT HIS PRINTS AT THE SCENE.
>> I CHECKED HIS ALIBI, TALKED TO HIS EMPLOYER, GOT A COPY
SAMARITAN AFTER ALL. AND JORDAN HE TOLD US MINDY'S
BROTHER-IN-LAW WAS WRONG ABOUT HIM. HE WASN'T JEALOUS OR
CONTROLLING. AS FOR THAT INCONCLUSIVE
POLYGRAPH -- >> I LOVED HER I WAS IN LOVE WITH
HER. >> Reporter: IT TURNED OUT THAT REALLY WAS
JUST ABOUT A BROKEN HEART. HIS ALIBI PROVED IT.
>> EVENTUALLY HE WAS CLEARED TOO. >> Reporter:
INVESTIGATORS WERE ALSO ABLE TO CLEAR HER EX, KYLE
HE WAS AT WORK AROUND THE TIME OF THE MURDER
AS FOR HIS DAD RODNEY -- THE OLDER MAN WHO'D SEEMED SO
SUSPICIOUS TO INVESTIGATORS -- HE WAS ALMOST 200 MILES
AWAY, EATING SANDWICHES WITH HIS FAMILY
SO COULDN'T HAVE BEEN HIM. >> COULDN'T HAVE BEEN
HIM. >> Reporter: THAT WAS NO SURPRISE TO MINDY'S
PARENTS, AND LARRY AND EUNICE HAVE ALWAYS BEEN PRETTY GOOD
JUDGES OF CHARACTER. >> AND I THINK HE REALLY WANTED HER AND
KYLE, HIS SON, TO GET TOGETHER AND WHEN THEY COULDN'T
GET BACK TOGETHER, IT -- HE KIND OF WAS REALLY DISAPPOINTED.
AND, UH, I THINK HE JUST STILL STAYED IN A GOOD FRIENDSHIP WITH
HER. >> WE WEREN'T SUSPICIOUS OF HIM AT
ALL. >> Reporter: NO. THE POLICE WERE,
BUT -- BUT YOU WEREN'T. >> NO.
>> Reporter: ONE DEAD END AFTER ANOTHER. THEY FIGURED OUT
PRETTY QUICKLY THAT THOSE MISSING PHOTOS AT THE CRIME SCENE HAD
NOTHING TO DO WITH MINDY'S MURDER SHE'D JUST BEEN
PREPARING FOR A MODELING SHOOT AND REMEMBER THAT MAN
IN THE BLUE CAR WHO'D TERRIFIED MINDY JUST WEEKS BEFORE HER
DEATH? >> WE DID FIND A MAN, UH, WHO WAS LIVING IN
HIS MOTOR HOME ACROSS THE STREET FROM THE RESTAURANT THAT MINDY
AND SOME OF HER FRIENDS WORKED AT. >> Reporter: THAT MAN
OWNED A BLUEISH CAR. TEAL WAS WHAT THEY CALLED IT.
BUT INVESTIGATORS COULDN'T LINK HIM TO MINDY.
WHO WAS THE MAN IN THE BLUE CAR >> WE WORKED ON
DIFFERENT LEADS ON THAT, AND WE NEVER DID COME UP WITH WHO THAT
PERSON WAS FOR SURE. >> Reporter: SO AT THIS STAGE, WHAT WERE
YOU THINKING >> WE'RE REALLY NOT GETTING ANY PLACE WITH
THIS >> Reporter: AN UNSOLVED MURDER IN A
SMALL TOWN HAS CONSEQUENCES THE CHIEF OF POLICE
SAID SO HIMSELF. >> WE DON'T WANT TO PANIC THE PUBLIC, BUT
WE HAVE TO MAKE SURE THAT THEY'RE VERY AWARE OF THEIR
SURROUNDINGS AND AWARE OF WHAT'S GOING ON AND I DON'T KNOW HOW
TO STRESS THAT ENOUGH. >> NO ONE WANTED TO GO OUT.
NO ONE KNEW IF THIS PERSON WAS GONNA KILL AGAIN.
>> I COULDN'T GO ANYWHERE WITHOUT BEING AFRAID
I COULDN'T TAKE A SHOWER WITHOUT BEING AFRAID BECAUSE I
COULDN'T SEE WHAT WAS ON THE OTHER SIDE OF THE SHOWER CURTAIN
AND I WAS AFRAID THAT WHOEVER IT WAS, I DIDN'T KNOW.
WERE THEY GONNA COME AFTER ME >> Reporter: IT WASN'T
JUST THE COLLEGE STUDENTS WHO FELT IT >> IT SCARED ME.
I DIDN'T WANT TO BE ANYWHERE NEAR THERE. >> Reporter: THE
ANXIETY WAS ESPECIALLY ACUTE FOR MINDY'S NEIGHBORS, LIKE
CHRISSY. SHE WAS RELIEVED THAT SHE AND HER HUSBAND
WERE MOVING OUT OF THE BUILDING AND INTO HER PARENTS' HOME.
>> I WAS SEVEN MONTHS PREGNANT, AND I HAD A 1-YEAR-OLD, AND I DID
NOT FEEL SAFE ANYMORE IN THAT BUILDING >> Reporter: BUT LAW
ENFORCEMENT WAS ABOUT TO GET A BREAK WHAT WAS IT LIKE TO
FIND OUT ABOUT THAT DNA MATCH? >> IT WAS A SHOCK.
>> Reporter: A SHOCK AND A HORROR BECAUSE THE DNA TOLD
THE STORY OF WHOLE OTHER CRIME AND ANOTHER MYSTERY TO
>> Reporter: PRETTY SOON THEY
WERE RUNNING OUT OF SUSPECTS
ABOUT EVERYONE WHO KNEW MINDY MORGENSTERN HAD BEEN
LOOKED AT, SOME OF THEM PRETTY HARD, AND IT ALL WENT NOWHERE.
ANYWAY, MINDY HAD NO ENEMIES THERE WASN'T A SOUL WHO HAD A
BAD THING TO SAY ABOUT HER AND JUST ABOUT THEN, AS THEY
WERE CASTING ABOUT FOR WHAT TO DO NEXT, THE CRIME LAB CALLED.
AND, WHAT DO YA KNOW >> THE, UH, CRIME LAB CAME BACK
AND SAID, "WE HAVE DNA FROM THOSE FINGERNAIL SCRAPINGS AND
CLIPPINGS. >> Reporter: DNA THAT WASN'T
HERS >> YEAH.
>> Reporter: SO MAYBE THE INVESTIGATORS' INITIAL HUNCH WAS
CORRECT. MAYBE DNA WOULD TELL THE STORY
THEY ENTERED THE DNA INTO THE FEDERAL CRIMINAL DATABASE.
AND VOILA. SORT OF.
>> I GOT A CALL FROM ONE OF THE LAB TECHS.
SHE SAID, "I GOT GOOD NEWS FOR YOU.
AND IT'S LIKE, "AWESOME. SHE SAID, "YOU HAVE A POSITIVE
MATCH. "PERFECT
WHO IS IT? SHE SAID, "I DON'T KNOW.
SO THAT WAS KIND OF A DEFLATING PART OF THE --
>> Reporter: YEAH. >> -- REALLY POSITIVE
CONVERSATION >> Reporter: DEFLATING BECAUSE
THE DATABASE IS FILLED NOT ONLY WITH THE NAMES OF KNOWN
CRIMINALS, BUT ALSO WITH FORENSIC DNA FROM UNSOLVED
CASES. >> SHE WENT ON TO TELL ME THAT
WHOEVER MURDERED MINDY ALSO HAD DONE AN AGGRAVATED RAPE IN THE
FARGO AREA >> Reporter: HAD COMMITTED A
RAPE IN FARGO, BUT THEY DIDN'T KNOW WHO HE WAS?
>> THAT'S CORRECT. >> Reporter: STILL, THE FARGO
CASE COULD NUDGE THE MINDY INVESTIGATION FORWARD, OPEN UP
NEW LEADS. SO A BCI AGENT TRAVELED TO
INTERVIEW THE SURVIVOR OF THAT SEXUAL ASSAULT
AND SHE ALSO SPOKE WITH US WE AGREED NOT TO DISCLOSE HER
IDENTITY HAVE YOU TOLD MANY PEOPLE ABOUT
THIS >> NO.
>> Reporter: BECAUSE IT'S A HARD THING TO TALK ABOUT, RIGHT
>> RIGHT YOU GET QUESTIONED AS TO WHETHER
YOU'RE TELLING THE TRUTH OR NOT. >> Reporter: SHE WAS JUST 22,
STUDYING TO BECOME A TEACHER, WHEN SHE WENT OUT ONE NIGHT WITH
THREE FRIENDS. THEY SAW A LIVE BAND AT A FAIR
AND THEN WENT TO A BAR >> WE WERE JUST SOCIALIZING,
GIRLS DO >> Reporter: WERE YOU THERE A
LONG TIME? >> UM, NO.
I REMEMBER GETTING WATER AND SETTING IT ON THE TABLE AND
TELLING MY FRIENDS I WAS GONNA GO USE THE BATHROOM.
AND THAT'S THE LAST THING I REMEMBER
>> Reporter: WAS SHE DRUGGED MAYBE, THE POLICE SAID
AND WHEN SHE CAME TO, SHE WAS PINNED TO A MATTRESS IN AN
UNFAMILIAR APARTMENT AND A MAN SHE'D NEVER SEEN BEFORE WAS
RAPING HER >> I WAS ON MY STOMACH
HE WAS ON TOP OF ME. HE HAD HIS ARM IN MY MOUTH SO I
COULDN'T SCREAM. I JUST REMEMBER FIGHTING AND
STRUGGLING HIM HE'S TWICE MY SIZE
>> Reporter: I MEAN, I DON'T -- I -- I CAN'T BEGIN TO WONDER
WHAT -- EVEN IMAGINE WHAT THAT MOMENT FEELS LIKE AS YOU LOOK
BACK ON IT >> IT'S TERRIFYING
I THOUGHT THAT WAS THE END OF IT
>> Reporter: THAT HE WAS GONNA KILL YOU
>> YEAH. THE NEXT THING I REMEMBER, WE
WERE IN THE HALLWAY. >> Reporter: SO HE LET YOU GET
UP OR SOMETHING? >> YEAH.
AND HE SAID THAT THERE WAS A CAB WAITING OUTSIDE.
I KNEW THAT THERE WASN'T A CAB >> Reporter: SHE WAS BAREFOOT.
HER CLOTHES WERE A MESS. HER PURSE WAS GONE
SHE HAD A FLASH OF CLARITY >> AND I THOUGHT, "I EITHER HAVE
TO GET AWAY FROM HIM, OR HE'S GONNA TAKE ME SOMEWHERE ELSE AND
KILL ME. >> Reporter: LORD.
>> SO I STARTED RUNNING UP AND DOWN THE HALLWAYS.
EVENTUALLY I HEARD PEOPLE INSIDE OF ONE APARTMENT, SO I STOOD AT
THAT APARTMENT DOOR, AND I BANGED AND I SCREAMED.
AND THEY FINALLY LET ME IN I CURLED UP IN A BALL UNDER THE
KITCHEN TABLE, TOLD THEM TO CALL 911
>> Reporter: WHEN YOU DESCRIBED TO THE POLICE WHAT THIS MAN WAS
LIKE, WHAT DID YOU TELL THEM >> I SAID, "IT WAS AN AFRICAN
AMERICAN MALE OVER 6 FEET TALL, OVER 200 POUNDS.
>> Reporter: MUSCULAR TOO. BUT THE MAN SHE DESCRIBED WAS
NOWHERE TO BE FOUND. BECAUSE HE DID A DISAPPEARING
ACT AS SHE WAS RUNNING AWAY? >> UH, YES
>> Reporter: THE YOUNG WOMAN WAS TAKEN TO THE HOSPITAL WHERE AN
ATTENDING NURSE DID RAPE KIT TESTS.
>> I HAD BRUISING ON MY NECK, BRUISING ON MY THIGHS.
SHE WAS ABLE TO GET HIS DNA. >> Reporter: FARGO PD ENTERED
THAT DNA INTO THE FEDERAL CRIMINAL DATABASE AND WAITED
WHILE THE YOUNG WOMAN'S LIFE WAS SWAMPED WITH EMOTIONS AND A KIND
OF FEAR SHE'D NEVER FELT BEFORE. >> I HAD TO HAVE SOMEBODY SLEEP
WITH ME AT NIGHT FOR A LONG TIME
IT TOOK ME A LONG TIME TO GO BACK OUT IN PUBLIC
>> Reporter: WHY A LONG TIME TO GO BACK OUT IN PUBLIC,
PARTICULARLY >> JUST THE FEAR OF THE UNKNOWN.
>> Reporter: WEEKS AND MONTHS PASSED, AND POLICE WERE NO
NEARER TO SOLVING HER CASE >> ONCE IT GOT CLOSE TO TWO
YEARS, I REALLY STARTED TO LOSE HOPE THAT IT WOULD EVER GET
SOLVED >> Reporter: WAS IT A BIGGER
PROBLEM THAT NOBODY WAS GOING TO HAVE TO ANSWER FOR THIS, OR THAT
SOMEBODY WAS THERE, SOMEBODY WAS OUT THERE, SOMEBODY KNEW WHO YOU
WERE >> I THINK THEY WERE EQUAL
PARTS. >> Reporter: UH-HUH.
>> Reporter: BUT SLOWLY, SLOWLY, SHE BEGAN TO HEAL.
SHE DID BECOME A TEACHER AND TWO YEARS AFTER THE ASSAULT,
SHE WAS IN SCHOOL ONE DAY WHEN SHE GOT A CALL
THE POLICE WANTED TO SPEAK WITH HER AGAIN.
THEY WERE LOOKING FOR THE MAN WHO ATTACKED HER AND KILLED
MINDY MORGENSTERN. >> THEY JUST ASKED ME IF THEY
COULD JOG MY MEMORY ABOUT ANYTHING ELSE FROM THAT NIGHT,
ANYTHING TO ADD TO THE DESCRIPTION THAT I HAD GIVEN
THEM >> Reporter: DID THEY TELL YOU
ANYTHING ABOUT DNA IN THAT CONVERSATION
>> THEY DID TELL ME THAT THEY HAD A MATCH AT THAT POINT.
BUT THEY DIDN'T KNOW WHO IT WAS. >> Reporter: WHAT DID YOU FEEL
LIKE WHEN HE -- THEY TOLD YOU THAT
>> IT MADE ME REALLY HOPEFUL THAT THEY WERE FINALLY GONNA
SOLVE THE CASE >> Reporter: SOLVE HERS, AND
MAYBE MINDY'S TOO. AT LEAST NOW THEY HAD A
DESCRIPTION. THAT NARROWED THINGS DOWN.
BUT HOW DID YOU PROGRESS FROM THERE?
>> WE CONTINUED TO COLLECT DNA --
>> Reporter: MM-MM >> -- FROM DIFFERENT PEOPLE.
>> Reporter: DID YOU KINDA CONCENTRATE ON MUSCULAR BLACK
MEN AFTER THAT >> WE PROBABLY DID A LITTLE MORE
WORK AS FAR AS WHAT BLACK MALES MINDY WOULD HAVE KNOWN
>> Reporter: AND THEY ALL VOLUNTEERED THEIR DNA.
EVERYBODY IN THIS INVESTIGATION SOUNDS TO HAVE BEEN VERY
COOPERATIVE. >> EVERYONE WAS VERY
COOPERATIVE. >> Reporter: AS THE CRIME LAB
WORKED OVERTIME TO PROCESS THE DNA, ONE SAMPLE WAS ABOUT TO
LIGHT UP LIKE A MATCH. THERE HE WAS AFTER ALL, HIDING
>> Reporter: INVESTIGATORS HAD MATCHED DNA FROM MINDY'S MURDER
TO A RAPE IN FARGO AND WERE LOOKING FOR A MAN THE RAPE
SURVIVOR DESCRIBED AS TALL, BLACK, AND MUSCULAR.
WHILE THERE WERE NOT MANY MEN OF THAT DESCRIPTION WHO KNEW MINDY,
THERE WAS ONE SUCH MAN LIVING IN HER APARTMENT BUILDING JUST
DOWNSTAIRS >> THE BARNES COUNTY JAILER THAT
LIVED IN THAT BASEMENT APARTMENT WAS A BLACK MALE SUBJECT
>> Reporter: HE WAS MOE GIBBS, A 34-YEAR-OLD CORRECTIONS OFFICER,
HUSBAND TO CHRISSY, WHO'D BEEN SO FREAKED OUT BY THE MURDER
UPSTAIRS SHE AND MOE HAD BEEN TOGETHER
FOR NEARLY TWO YEARS >> I MET MOE SHORTLY AFTER I
FOUND OUT I WAS PREGNANT WITH MY FIRST DAUGHTER
HE VERY MUCH LOVED HER LIKE SHE WAS HIS OWN.
HE WORKED NIGHTS AND I WORKED DAYS, AND SO HE WAS WITH HER
DURING THE DAY QUITE A BIT, JUST THE TWO OF THEM.
>> Reporter: MOE HAD COME A LONG WAY FROM HIS EARLY LIFE AS A
CRIPS GANG MEMBER IN CENTRAL CALIFORNIA
AT 18, HE CHOSE TO SERVE HIS COUNTRY IN THE NAVY, AND THEN
PLAYED COLLEGE BASKETBALL. DIVORCED, WITH KIDS, HE MOVED TO
VALLEY CITY AND WORKED AS A COLLEGE SECURITY GUARD BEFORE
GETTING A JOB WITH THE COUNTY JAIL
>> HE HOLDS A LITTLE CLOUT IN OUR LAW ENFORCEMENT COMMUNITY
CUZ' HE'S HELPIN' US PUT BAD PEOPLE AWAY.
>> Reporter: HOW WELL DID YOU KNOW MOE GIBBS
>> I KNEW HIM FAIRLY WELL. >> Reporter: SEEMED LIKE A NICE
GUY? >> YEAH.
JUST THE SUNDAY BEFORE, WE WERE PLAYIN' IN A STATE SOFTBALL
TOURNAMENT IN FARGO. AND HE WAS ON MY CO-ED SOFTBALL
TEAM >> Reporter: AS ONE OF MINDY'S
NEIGHBORS, MOE HAD GIVEN A WITNESS STATEMENT EARLY ON,
ALONG WITH A DNA SAMPLE. THE CRIME LAB HAD HIS AND
SAMPLES FROM OTHER MEN MATCHING THE DESCRIPTION GIVEN BY THE
FARGO RAPE SURVIVOR. AND A WEEK AFTER MINDY'S MURDER,
A BCI AGENT UPDATED SGT. SWENSON
>> HE SAID, "WELL, ONE OF 'EM WAS A MATCH.
AND I SAID, "WHO IS IT?" >> Reporter: THE AGENT TOLD HIM
THE MAN'S NAME >> AND I WAS SHOCKED
>> Reporter: IT WAS MOE GIBBS. >> I SAID, "ARE YOU SURE
ARE THEY SURE? AND THEY SAID, "YES.
THEY SAID THE PERSON THAT'S IN CHARGE OF THE CRIME LAB RE-DID
THE RESULTS AND VERIFIED THAT IT WAS HIM.
FIRST THING I SAID IS, "OKAY LET'S MAKE A PLAN.
LET'S GET HIM TO COME DOWN TO THE POLICE DEPARTMENT.
>> Reporter: HOW'D YOU DO THAT >> THEY ACTUALLY CALLED HIM UP
AND SAID "WE NEED TO JUST DO SOME FOLLOW UP QUESTIONS FOR YA
IF YOU WOULDN'T MIND COMIN' IN." GIBBS IS EXITING THE APARTMENT
WHERE THE HOMICIDE TOOK PLACE. >> Reporter: MOE GIBBS HAD NO
IDEA THAT INVESTIGATORS HAD PUT TOGETHER A SURVEILLANCE TEAM
>> LOOKS LIKE HE'S TURNING OUT ON 8th STREET.
>> Reporter: WITH SWENSON AND THE OTHER OFFICERS TRACKING HIM.
>> I'M ABOUT TWO BLOCKS BEHIND HIM.
>> I STAYED BACK QUITE A WAYS WHERE HE COULDN'T SEE ME JUST IN
CASE MOE WOULD GET SPOOKED AND DECIDE TO RUN.
>> GIBBS IS JUST PULLING UP TO THE LAW ENFORCEMENT CENTER
>> Reporter: BUT HE DROVE STRAIGHT TO THE POLICE
DEPARTMENT >> HEY, WE APPRECIATE YOU COMING
IN >> NOT A PROBLEM
>> Reporter: MOE GIBBS DIDN'T COME ALONE
>> HOW OLD IS SHE? >> 15 MONTHS
>> HE HAD HIS STEPDAUGHTER >> Reporter: THAT'S A MOMENT,
ISN'T IT >> IT IS
>> Reporter: AFTER HIS STEP-DAUGHTER WAS TAKEN ASIDE,
THE INVESTIGATORS ASKED MOE WHERE HE WAS DURING THE PRESUMED
HALF-HOUR WINDOW OF MINDY'S MURDER, ABOUT 12:30 TO 1:00 P.M.
MOE SAID HE LEFT HIS APARTMENT AT 11:30 AND HAD LUNCH WITH HIS
WIFE CHRISSY 'TIL ABOUT 12:35, WHEN HE DROPPED HER AT WORK AND
WENT BACK TO THEIR APARTMENT WITH HIS STEP-DAUGHTER
>> SO, WHAT TIME DO YOU -- DO YOU THINK YOU GOT BACK TO THE
APARTMENT BUILDING >> I'D SAY BETWEEN 12:45 AND
1:00 >> Reporter: HE SAID HE DIDN'T
NOTICE ANYTHING UNUSUAL THERE OTHER THAN THE SMELL OF
PINE-SOL >> AND I THOUGHT IT WAS THE
MANAGER CLEANING AN APARTMENT UPSTAIRS
>> Reporter: HE TOLD THE INVESTIGATORS HE STAYED JUST TEN
MINUTES IN HIS APARTMENT. AND BECAUSE HIS FAMILY WAS IN THE
MIDST OF MOVING INTO HIS IN-LAWS' HOME, HE DROVE STRAIGHT
THERE WITH HIS STEP-DAUGHTER AND A TRUCK FULL OF STUFF.
>> AND HOW LONG WERE YOU THERE >> FOR ABOUT A HOUR.
>> Reporter: THE LAST TIME HE'D SEEN MINDY, HE TOLD THEM, WAS
MAYBE A WEEK BEFORE SHE WAS MURDERED, WHEN HE'D COME TO HER
AID. >> SHE WAS COMING HOME AND SHE
WAS HOLDING HER PANTS, HOLDING A LAUNDRY BASKET AND A BOOK BAG.
SO, I HELPED HER UP TO HER APARTMENT AND THAT WAS IT.
BUT OTHER THAN THAT -- >> SO THAT'S THE ONLY TIME
YOU'VE EVER BEEN UP AT HER APARTMENT?
>> YES >> HE ADMITTED TO BEIN' IN HER
APARTMENT ONE TIME >> Reporter: BUT THIS WAS MORE
THAN ODD THE SCENE GIBBS CLAIMED HE SAW A
WEEK BEFORE THE MURDER, COMPLETE WITH LAUNDRY BASKET, BOOKBAG,
WAS ALSO A DESCRIPTION OF THE ACTUAL CRIME SCENE
>> WHAT HE DESCRIBED WHEN HE WAS THERE WAS PRETTY SIMILAR TO WHAT
WE FOUND WHEN SHE WAS DEAD >> Reporter: SO THEN,
INVESTIGATORS CONFRONTED MOE WITH THEIR NEW EVIDENCE.
>> HOW WOULD YOU FEEL IF I TOLD YOU THAT YOUR DNA MATCHES DNA
THAT WE FOUND ON MINDY'S BODY? >> I'D BE LIKE IT WASN'T TRUE.
>> I WAS THERE WATCHING, FROM ANOTHER ROOM ON CAMERA
>> Reporter: AND DO YOU SORT OF SEE HIM SQUIRMING?
DID IT LOOK LIKE HE KNEW THE JIG WAS UP
>> HE DIDN'T SQUIRM AT ALL HE WAS VERY CALM
>> Reporter: AND THEY CONFRONTED HIM AGAIN.
DID HE HAVE ANYTHING TO DO WITH THAT VIOLENT RAPE IN FARGO
>> TWO YEARS AGO IN FARGO? >> YUP
IN 2004. >> WELL, IT WASN'T -- I KNOW I
DIDN'T DO IT >> Reporter: SURE, HE'D LIVED IN
FARGO, HE SAID, AND HAD PLENTY OF SEXUAL ENCOUNTERS THERE
>> IT HAPPENED A FEW TIMES THAT I PICKED SOMEBODY UP AT THE BAR
AND WENT SOMEWHERE BUT I KNOW -- I KNOW FOR A FACT
THAT I'VE NEVER ASSAULTED ANYBODY.
>> Reporter: THE INVESTIGATORS WEREN'T BUYING IT.
NOT ON THE RAPE, AND NOT ON THE MURDER
>> THE ONLY THING THAT'S REALLY GOING TO HELP YOU OUT HERE IS TO
CUT YOUR LOSSES. >> WELL, I DIDN'T HAVE NOTHING
TO DO WITH HER DEATH I KNOW THAT.
>> NOTHING AT ALL? >> NOTHING
>> Reporter: BUT THE INVESTIGATORS WEREN'T MOVED.
THEY PLACED HIM UNDER ARREST AND CHARGED HIM WITH MURDER.
>> WE HAVE AN ARREST WARRANT FOR THE MURDER OF MINDY MORGENSTERN.
>> Reporter: SARGEANT SWENSON MADE ONE LAST APPEAL TO MOE TO
CONFESS. >> YOUR FAMILY'S GONNA WANT TO
KNOW I SAID, "YOU'RE A FATHER JUST
LIKE I AM. YOU HAVE CHILDREN JUST LIKE ME."
I SAID, "WHAT AM I SUPPOSED TO TELL THEM WHEN THEY GET OLDER?
AND MOE PUT HIS HEAD DOWN. >> Reporter: DIDN'T SAY
ANYTHING >> AND DENIED IT
HE'S LIKE, "DAVE, I DIDN'T DO IT."
>> Reporter: MINDY'S FAMILY HEARD THE NEWS OF THE ARREST
THAT SAME DAY. >> I WAS SHOCKED JUST THAT SOME
RANDOM PERSON COULD DO WHAT HE DID.
>> Reporter: HE WAS THE NEIGHBOR JUST DOWNSTAIRS WHO'D MADE MINDY
FEEL SAFE. REMEMBER, SHE LIKED HAVING LAW
ENFORCEMENT TYPES IN THE BUILDING
>> IT WAS JUST A TOTAL BIG MYSTERY OF WHO THIS PERSON WAS
AND WHY HIM AND A LOT OF QUESTIONS.
>> Reporter: FOR ASHLEY, THE NEWS WAS CHILLING.
SHE RECALLED THAT MINDY HAD BEEN HONORED AT A FOOTBALL GAME FOUR
DAYS AFTER THE MURDER. >> TODAY WE'LL BE TAKING A
MOMENT OF SILENCE IN HONOR OF MINDY MORGENSTERN.
>> I REMEMBER SITTING IN THE BLEACHERS.
AND MOE WAS SITTING FOUR OR FIVE ROWS DOWN FROM WHERE OUR GROUP
WAS SITTING. >> Reporter: WHEN THE PENNY
DROPPED AND YOU REMEMBERED SEEING HIM AT THE GAME, TELL ME
ABOUT THAT >> THAT HE WAS THAT CLOSE TO
WHERE I WAS SITTING SCARED ME. >> Reporter: MOE'S WIFE
CHRISSY'S WAS SHAKEN TOO >> WHEN THE POLICE TOLD ME THEY
HAD HIS DNA AND THAT HE HAD DONE IT AND HE WAS ARRESTED, I
COULDN'T BELIEVE IT AT ALL I REALLY DIDN'T THINK HE WAS
CAPABLE OF ANYTHING LIKE THAT. >> Reporter: A JURY WOULD SOON
HEAR THE CASE AGAINST MOE GIBBS. THE DNA EVIDENCE APPEARED TO PUT
HIM IN A CORNER. AND THE DNA EVIDENCE COULDN'T BE
WRONG, COULD IT? >> ARE YOU KIDDING ME?
WHAT DO YOU MEAN I SAW ALL THE EVIDENCE
I HEARD THE EVIDENCE
2006, MOE GIBBS WAS IN JAIL AWAITING TRIAL FOR THE MURDER OF
MINDY MORGENSTERN. BUT A TRIAL WHO-KNOWS-WHEN WAS
LITTLE COMFORT TO MINDY'S MOM EUNICE
A FEW WEEKS AFTER MOE GIBBS', ARREST SHE WROTE HIM A LETTER.
>> AT THE TIME, IT SEEMED THE RIGHT THING TO DO BECAUSE IT WAS
TEARING ME APART INSIDE. I MEAN, I HAVE A STRONG FAITH,
BUT I'M NORMAL TOO AND I HAD A LOT OF FEELINGS,
EMOTIONS, AND QUESTIONS. I WANTED HIM TO TELL ME THAT HE
WAS SORRY THAT HE DID IT, THAT HE WOULD ADMIT IT.
NEVER EXPECTED TO HEAR BACK FROM HIM.
>> Reporter: BUT YOU DID >> YES, I DID.
HE DENIED EVERYTHING HE SAID, YOU KNOW, HE'D WORKED
HIS WHOLE LIFE TO TRY TO PROVE HIS INNOCENCE.
>> Reporter: BUT AS HIS TRIAL DATE APPROACHED, MOE GIBBS
LOOKED LESS AND LESS LIKE AN INNOCENT MAN
>> AFTER THE WORD CAME OUT THAT WE ARRESTED HIM, THERE WAS FIVE
FEMALES THAT -- THAT CAME FORWARD THAT CLAIMED THAT MOE
HAD SEXUALLY ASSAULTED THEM IN THE CORRECTIONAL CENTER WHILE HE
WAS WORKIN'. HE WAS CHARGED WITH THOSE, ALONG
WITH THE SEXUAL ASSAULT THAT TOOK PLACE IN FARGO.
>> Reporter: FORMER NORTH DAKOTA ASSISTANT ATTORNEY GENERAL
JONATHAN BYERS WOULD HELP PROSECUTE THE MURDER CASE.
HE LEARNED THAT EVEN THOUGH MOE GIBBS HAD BEEN AN OFFICER OF THE
LAW, HE HAD A CRIMINAL PAST. >> THEY DISCOVERED A BACKGROUND
THAT THEY WERE TOTALLY UNAWARE OF WHEN HE WAS HIRED AS A JAILER
AT THE BARNES COUNTY JAIL. >> Reporter: NOBODY HAD ANY IDEA
THAT MOE GIBBS WASN'T EVEN MOE GIBBS.
>> RIGHT >> Reporter: HE'D CHANGED HIS
NAME BEFORE HE WAS MOE GIBBS, HE WAS
GLEN DALE MORGAN JR. WHILE HE WAS IN THE NAVY, HE WAS
INVOLVED IN A DRIVE-BY SHOOTING, SPENT MORE THAN FIVE YEARS IN
PRISON AND NOW HE WAS FACING LIFE
BEHIND BARS AS HIS TRIAL FOR MURDER GOT UNDER WAY IN
JUNE 2007. HOW WERE YOU FEELING
>> WELL, WE JUST THOUGHT THAT, YOU KNOW, "OKAY, THEY'VE GOT THE
GUY. YOU KNOW, "THIS SHOULD BE OVER
IN A BIG HURRY." >> Reporter: THE PROSECUTOR TOLD
THE JURY MOE GIBBS' OWN STORY -- THE ONE WHEN HE'D BROUGHT HIS
STEP-DAUGHTER TO HIS INTERVIEW THAT STORY PUT HIM AT THE
APARTMENT BUILDING DURING THE CRITICAL WINDOW OF THE MURDER.
AND THERE WAS ALSO THIS. >> MOE GIBBS WAS A EXTENSIVE
TEXTER AND EMAILER, DOING SEARCHES ON HIS CELL PHONE, EVEN
AT WORK. BUT AROUND 12:30, WHICH IS
WHEN -- SHORTLY AFTER THAT WE BELIEVE THAT SHE WAS MURDERED,
HE WAS OFF THE GRID. >> Reporter: AND HE STAYED OFF
THE GRID FOR MORE THAN AN HOUR BEFORE RESUMING HIS PHONE
ACTIVITY SO THERE WAS THAT.
AND ALSO A FORMER CELLMATE OF MOE'S CAME FORWARD, SAID HE'D
HEARD MOE ACTUALLY ADMIT TO THE MURDER
>> HE SEEMED PRETTY BELIEVABLE TO US, SO WE DECIDED TO PUT HIM
ON THE STAND AND WE THOUGHT HE DID PRETTY
GOOD >> Reporter: TONI TESTIFIED TOO,
ABOUT FINDING MINDY'S BODY >> I WAS NERVOUS
I WAS SCARED I THINK I EVEN STARTED TO CHOKE
UP AND CRY AT ONE POINT. YOU'RE RELIVING THAT HORRIBLE
NIGHT AGAIN AND AGAIN. >> Reporter: BUT THE BACKBONE OF
THE PROSECUTION'S CASE WAS DNA >> IT WAS UNDERNEATH HER
FINGERNAILS. >> Reporter: THAT'S AS GOOD AS
IT GETS. >> THAT'S AS GOOD AS IT GETS
>> Reporter: 21 MEN HAD GIVEN DNA SAMPLES TO INVESTIGATORS,
SAID THE PROSECUTOR, AND THE ONLY MATCH WAS MOE
DID YOU PRESENT A MOTIVE FOR MURDER
>> OUR GENERAL CONSENSUS WAS IS THAT IT WAS SEXUALLY MOTIVATED
>> Reporter: THE PROSECUTION'S THEORY WAS THAT MOE GIBBS WENT
INTO MINDY'S APARTMENT LIKELY WANTING SEX.
AND WHEN SHE FOUGHT BACK, HE FLEW INTO A RAGE, STRANGLED HER
WITH HER BELT, AND STABBED HER WITH THE KNIVES FROM HER OWN
KITCHEN, DOUSING HER WITH PINE-SOL
>> BUT WE WERE NOT ALLOWED TO PRESENT OUR BELIEF IN THAT
MOTIVE >> Reporter: NOR DID THE JUDGE
ALLOW THE JURY TO HEAR ANYTHING ABOUT THE SEXUAL ASSAULT
ALLEGATIONS BY WOMEN AT THE JAIL
AND THEY WOULD HEAR NOTHING ABOUT THAT VIOLENT RAPE IN
FARGO. TOO PREJUDICIAL, HE RULED.
THAT, OF COURSE, WAS HELPFUL TO MOE'S DEFENSE.
AS WAS THIS QUITE REMARKABLE FACT -- NEITHER MOE'S
FINGERPRINTS NOR HIS DNA WAS FOUND ON EITHER ONE OF THE TWO
KNIVES USED TO KILL MINDY. IN FACT, WASN'T SOME OTHER MALE
PERSON'S DNA FOUND ON THOSE KNIVES AND IN THAT APARTMENT
>> THERE WERE TWO OTHER MALES' DNA FOUND ON THOSE KNIVES.
ANOTHER THING WAS A HAIR IN THE PALM OF MINDY'S HAND, AS SHE LAY
THERE. >> Reporter: WHICH WASN'T MOE
GIBBS' HAIR? >> WHICH WASN'T MOE GIBBS' HAIR.
>> Reporter: THE FORENSICS SEEMED TO CUT BOTH WAYS.
THE DEFENSE ARGUED MOE GIBBS' DNA COULD EASILY HAVE BEEN
TRANSFERRED TO MINDY FROM SOMETHING THEY HAD BOTH TOUCHED.
>> THE HALLWAY DOORS OR THE OUTSIDE DOOR IN THE APARTMENT
BUILDING, AND THAT MINDY TOUCHED THE SAME DOOR AND GOT HIS DNA
UNDER HER FINGERNAILS WAS -- WAS WHAT THEY PRESENTED TO THE JURY
AS THEIR THEORY. >> Reporter: AND AS FOR THAT
JAILHOUSE SNITCH WHO'D TESTIFIED MOE HAD CONFESSED TO KILLING
MINDY -- THE DEFENSE COUNTERED HE HAD A LONG RAP SHEET AND A
HISTORY OF GIVING FALSE INFORMATION.
THE JURY LISTENED ATTENTIVELY AND THEN WENT AWAY TO THINK
ABOUT IT AND MINDY'S FAMILY WAITED AND
WAITED IT WENT ON AND ON.
>> IT WENT ON AND ON >> Reporter: AFTER FOUR DAYS OF
BACK AND FORTH IN THE JURY ROOM, SIX JURORS WERE SURE HE WAS
GUILTY AND SIX WERE NOT. DEADLOCK
>> I DIDN'T REALLY UNDERSTAND WHAT A HUNG JURY WAS
AND I THOUGHT, "DOES THIS MEAN HE'S GETTING OFF?"
>> IT JUST DIDN'T MAKE ANY SENSE TO ME.
BUT YOU HAD TO JUST ACCEPT IT. >> Reporter: WHILE MINDY'S
FAMILY AND FRIENDS WERE DUMBFOUNDED, MOE'S WIFE CHRISSY,
WHO'D DIVORCED HER HUSBAND, WAS TERRIFIED.
>> I WAS VERY SCARED THAT HE WAS GONNA GET OUT.
MY FAMILY WAS WORRIED ABOUT THE SAME THING
I REMEMBER THAT WE WERE READY IF HE WERE TO EVER SHOW UP THERE.
>> Reporter: BUT MOE REMAINED BEHIND BARS AND STAYED THERE
UNTIL HE COULD BE TRIED AGAIN. >> AND I THOUGHT, "OH, NOW WE'VE
GOT TO GO THROUGH ALL THIS AGAIN.
>> Reporter: MORE PAINFUL TESTIMONY AND MORE WAITING
WHAT WERE YOU THINKING >> OH, I WAS THINKIN', "ARE WE
GONNA HAVE TO ACTUALLY TO DO
AND HER FRIENDS, THE DEADLOCK IN MOE GIBBS' MURDER TRIAL WAS
BEWILDERING, AND SHATTERING. >> FOR IT TO COME TO THAT AND
NOT GET ANY TYPE OF CLOSURE, IT JUST KINDA BLEW MY MIND.
>> Reporter: AS MINDY'S FAMILY WORRIED ABOUT GETTING JUSTICE,
SO TOO DID THE YOUNG WOMAN WHO'D BEEN ASSAULTED IN FARGO.
SHE WAS RELUCTANTLY PREPARING FOR HER OWN TRIAL.
AND YOU'D HAVE TO TES >> IT WAS HARD
IT WAS HARD TO GO BACK AND LOOK AT THE CRIME SCENE PHOTOS OF
MYSELF >> Reporter: I BET
IN OCTOBER 2007, NEARLY FOUR MONTHS AFTER HIS FIRST MURDER
TRIAL, MOE GIBBS' SECOND TRIAL GOT UNDERWAY
EUNICE, WHO HADN'T BEEN ALLOWED TO ATTEND THE FIRST TRIAL
BECAUSE SHE WAS ON THE WITNESS LIST, SAT RIGHT THERE IN THE
COURTROOM. HER DAUGHTER'S ACCUSED KILLER IN
FRONT OF HER WHAT WAS YOUR TAKE ON HIM THEN
>> HE CARRIED HIMSELF LIKE, YOU KNOW, BIG, STRONG PERSON
AND HE'S PRETTY COCKY. >> Reporter: THE TRIAL PLAYED
OUT MUCH AS IT HAD BEFORE, THOSE PENDING CHARGES OF SEXUAL
ASSAULT STILL INADMISSIBLE BUT WHEN IT CAME TO THE DNA
EVIDENCE, THE PROSECUTOR CAME PREPARED
HOW DID YOU CHANGE YOUR APPROACH IN THIS SECOND TRIAL
>> WE MADE SURE THAT WE WERE BETTER EQUIPPED WITH DNA EXPERTS
TO EXPLAIN THE AMOUNT OF DNA, AND WHAT THAT MEANT.
>> Reporter: DNA EXPERT AFTER DNA EXPERT TOOK THE STAND TO
REFUTE MOE GIBBS' CLAIM THAT HIS DNA MUST HAVE BEEN TRANSFERRED
TO MINDY AFTER SHE TOUCHED A DOOR HANDLE HE MIGHT HAVE USED,
OR ELSE FROM HIS BRIEF VISIT TO HER APARTMENT.
>> THE PROSECUTION BROUGHT IN AN EXPERT AND THAT -- EXPERT
TESTIFIED THAT "THIS AMOUNT OF DNA COULD ONLY HAVE GOTTEN UNDER
HER FINGERNAILS BY -- VIGOROUS PHYSICAL CONTACT."
>> VIGOROUSLY ATTEMPTING TO GRAB THEIR ARM STRONGLY AND RUN YOUR
FINGERNAILS DOWN THEIR ARM AT THAT POINT
ATTACK YOUR DNA EVIDENCE THIS TIME
>> THEY BROUGHT IN A DIRECTOR OF A DNA LAB WHO WAS ACTUALLY
QUINCY'S LAB ASSISTANT ON THAT OLD QUINCY TELEVISION SHOW
>> Reporter: REALLY? >> HE WAS THEIR, I GUESS, STAR
WITNESS. >> Reporter: THAT'S RIGHT, THE
DEFENSE'S DNA EXPERT HAD ALSO APPEARED AS AN ACTOR IN A TV
SHOW ABOUT A CRIME SOLVING MEDICAL EXAMINER AND THEN HE'D
GONE ON TO RUN HIS OWN CRIME LAB.
HE SAID GIBBS' DNA COULD HAVE ENDED UP ON MINDY'S BODY BY
ACCIDENT AND THE DEFENSE REMINDED THE
JURY THAT THEIR CLIENT'S DNA AND FINGERPRINTS WERE NOT FOUND ON
THE MURDER WEAPONS THEN THE CASE WENT TO THE JURY
AND IT WAS DEJA VU ALL OVER AGAIN.
>> WE HAD SOME DELIBERATION ON TUESDAY.
WEDNESDAY CAME AND WENT. THURSDAY CAME AND WENT
FRIDAY IS HERE AND WE STILL DON'T HAVE A VERDICT
>> Reporter: HAD TO BE WORRIED I MEAN -
THOSE HOURS TICK BY PRETTY SLOWLY WHEN YOU'RE WAITING FOR A
JURY TO COME BACK. >> IT WAS VERY -- INTENSE.
>> YOUR HEART JUST POUNDS, YOU KNOW
>> Reporter: AND THEN THE JURY CAME BACK.
>> AS SOON AS WE HEARD THAT THEY WERE GONNA MAKE THE ANNOUNCEMENT
WE HEADED OVER THE COURTHOUSE -- AND WERE -- WERE THERE FOR MOM
AND DAD. >> WE THE JURY DO FIND THE
DEFENDANT MOE M. GIBBS GUILTY OF THE CRIME OF MURDER.
>> YOU FEEL RELIEF WHEN YOU HEAR THE RESULTS THAT HE'S GUILTY
BUT YET, YOU FEEL BAD, TOO, AT THE SAME TIME.
>> Reporter: BAD >> IT'S SUCH A WASTE
IT'S NOT GONNA BRING MINDY BACK. AND THAT'S THE SADDEST PART OF
THE WHOLE THING. IT'S SUCH A WASTE.
>> IT'S FINALLY OVER >> Reporter: AT HIS SENTENCING,
EUNICE ADDRESSED MOE GIBBS AND SAID SOMETHING EXTRAORDINARY
>> MR. GIBBS, I FORGIVE YOU PUBLICLY HERE.
AND I ALSO WANT YOU TO KNOW THAT I WON'T FORGET WHAT YOU DID TO
MINDY. IF YOU DON'T FORGIVE SOMEONE,
THEY HAVE POWER OVER YOU AND THEY CAN MAKE YOUR LIFE
MISERABLE AND BITTER AND FULL OF HATE
>> Reporter: BUT IN COURT, MOE GIBBS KEPT UP HIS SAME OLD
STORY. >> I DID NOT COMMIT THIS CRIME
IF AND WHEN THE PERSON WHO ACTUALLY DID THIS CRIME CAME TO
JUSTICE, I WOULD FORGIVE THEM JUST AS SHE WOULD HAVE FORGAVE
ME >> Reporter: AND HE NEVER DID
CONFESS, RIGHT HE ALWAYS DENIED IT.
>> I'M STILL WAITING GOD IS THE ONLY ONE WHO KNOWS.
>> Reporter: THE JUDGE GAVE MOE GIBBS LIFE WITHOUT PAROLE.
I WONDER WHAT WOULD HAVE HAPPENED HAD YOU NOT BAGGED
THOSE HANDS AND HAD MINDY'S FINGERNAILS NOT KINDA GIVEN YOU
THE ANSWER TO THE SECRET >> WE WOULD'VE NEVER SOLVED THIS
CASE >> Reporter: HER FIGHTING BACK
WAS WHAT HELPED IT GET SOLVED. >> HER -- HER FIGHTING BACK --
SHE TOLD US WHO HER ASSAILANT WAS BY FIGHTING BACK
>> Reporter: AS FOR THE OTHER CHARGES AGAINST HIM --
>> HE ACTUALLY PLED GUILTY TO THE FIVE SEXUAL ACCOUNTS IN --
AT THE JAIL IN BARNES COUNTY AND HE PLED GUILTY TO THE CASE
IN FARGO >> Reporter: THAT WAS A RELIEF
FOR HIS VICTIM SHE DID MUSTER THE COURAGE TO
FACE HIM HEAD ON AT HIS SENTENCING FOR RAPE.
>> Reporter: WHAT'D YOU SAY? >> A LOT OF THINGS
I WASN'T VERY NICE TO HIM. HE HAS DAUGHTERS OF HIS OWN.
SO, I JUST SAID TO IMAGINE HIS DAUGHTERS SCREAMING, LIKE I
SCREAMED THAT NIGHT. >> Reporter: SHE STILL LIVES
WITH THE TRAUMA OF WHAT HAPPENED
OF COURSE -- TOLD US SURVIVORS GUILT, THOUGH PERHAPS
IRRATIONAL, IS A REAL THING. BUT SHE'S MARRIED NOW, HAS
CHILDREN OF HER OWN, TO WHOM SHE'LL TELL THIS STORY, HERS AND
MINDY'S, WHEN THEY ARE OLDER >> I JUST WANT PEOPLE TO KNOW
THAT THERE IS LIFE, HAPPINESS AFTER THIS
>> Reporter: IT'S HARD, BUT YOU GET THERE.
>> YOU DO. >> Reporter: IN A VERY, YOU
KNOW, DIRECT WAY, MINDY SOLVED THE CASES.
NOT ONLY HER OWN CASE, BUT THE RAPE IN FARGO.
HAS THAT EVER OCCURRED TO YOU? >> YEAH.
JUST KNOWING HER, SHE -- SHE SO MUCH JUST WANTED RIGHT TO
PREVAIL. SHE WOULDN'T HAVE HAD IT ANY
OTHER WAY. >> KNOWING THAT ALL THAT JUSTICE
WAS TAKEN CARE OF FOR ALL THOSE OTHER VICTIMS, SHE WOULD'VE
GLADLY GIVEN HER LIFE FOR THAT SHE WAS THAT KIND OF A PERSON.
>> Reporter: IT HASN'T BEEN EASY TO LOSE THAT KIND OF PERSON.
THE GIRL WHO LED THE LAUGHTER FROM THE HEAD OF THE TABLE IS
GONE >> OUR FAMILY WAS ROBBED
WE WERE NEVER GONNA HAVE THOSE FAMILY DINNERS AGAIN
>> INNOCENCE WAS TAKEN, YEAH >> YEAH.
A LIGHT WAS KINDA TAKEN FROM BOTH MY PARENTS, YOU KNOW?
THAT -- THAT WAS THE HARDEST PART FOR ME.
>> Reporter: BUT IN SOME WAY, LARRY AND EUNICE HAVE BEEN ABLE
TO FIND PEACE. THEY TAKE COMFORT IN THEIR FAITH
AND FAMILY, AND THEIR MEMORIES OF MINDY
IN VALLEY CITY, THERE IS A HEART-SHAPED GARDEN NOT FAR FROM
WHERE SHE LIVED, A PLACE WHERE ALL THOSE PEOPLE SHE CONNECTED
CAN REMEMBER THE SPIRIT OF HER BEAUTIFUL, SHORT LIFE.
>> I HAVE THREE KIDS, AND THEY NEVER MET MINDY.
BUT WE TALK OFTEN ABOUT MINDY. >> WE WERE SO LUCKY JUST TO BE
TOUCHED BY HER JUST THE FEW YEARS THAT WE GOT TO KNOW HER.
>> AND SHE LIVED HER LIFE WITH SO MUCH JOY.
AND FOR US HERE, WE'RE STILL HERE TO LIVE LIKE THAT, CARRY
JOY, MAKE A DIFFERENCE IN PEOPLE'S LIVES, AND LOVE THEM
WELL 'CAUSE THAT'S WHAT SHE DID
>>> THAT'S ALL FOR THIS EDITION OF DATELINE.
WE'LL SEE YOU AGAIN NEXT FRIDAY AT NINE, EIGHT CENTRAL AND OF
COURSE, I'LL SEE YOU EACH