Convicted Murderer Moe Gibbs wants another trial.

Gibbs is appealing his case to the state Supreme Court.

Justices heard the arguments this afternoon.

The former Barnes County jailer was convicted last year of killing Valley City State University student Mindy Morgenstern.

Gibbs' attorneys say they did not have enough money to hire the experts they needed.

Kent Morrow is representing Gibbs in his appeal he says jurors also lacked evidence the amount of DNA was not sufficient enough to convict Gibbs.

However prosecutors say Gibbs ignores the significance of the DNA found on Mindy. Attorneys spent most of their time talking about video of a police interview with Gibbs.

The defense wanted part of the video played for jurors the state said it was all of the video or nothing.

Part of the interview had information about Gibbs past the defense did not want exposed to the jury.

(Brad Cruff / Barnes Co. States Attny) "They wanted their client, Gibbs to testify, and us to not challenge anything so everything he says in the 8 minutes, we're stuck with. That's we felt burned us in Minot and we weren't going to go down that road again." Was Mr. Gibbs arguing the jury needed to evaluate his demenor at the time of the interview? (Kent Morrow / Gibbs Attorney) His demenor, his statements made sense, and in essence have Mr. Gibbs be heard protesting his innocence."


The Supreme Court will make their decision later.

Gibbs is serving life without parole for killing Morgenstern in her off-campus apartment in 2006. watch the video | save this article / add to your favorites list