Brian L. Rooney

Brian L. Rooney Murder Trial

Burlington Vermont

Michelle Gardener-Quinn was a 21-year-old senior at the University of Vermont.

On October 6, 2006 she had been celebrating a friends 21st birthday and was last seen about 2:34 am the following morning. She was on her way back to her dorm room. She never made it there.

Michelle's parents were in town for Parents Weekend and reported her missing the next day after she failed to show up for dinner. According to officials, there was no indication that Michelle left on her own free will. The search was on.

The police released still images of a surveillance video outside of a jewelry store, on October 12, 2006. The video showed Michelle walking with Brian Rooney down Main Street, Vermont. That was the last time she was ever seen. She had used Rooney's cell phone to call an acquaintance earlier. Rooney became a person of interest.

The following day, Oct. 13th, Michelle's body was found by hikers at the Huntington Gorge in Richmond, Vermont.
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That same day, Brian Rooney was arrested and charged with aggravated homicide for her murder. She had been sexually assaulted. He denies any involvement.

Police believe that Rooney killed Michelle within two hours of meeting her in the early morning hours of October 7.

According to an affidavit filed October 25 supporting a charge of Aggravated Homicide, Rooney had repeatedly changed his story concerning Michelle's disappearance and death. Rooney told investigators that he was drunk on the night of October 7 and didn't remember what had happened. According to the affidavit, he later told police, "If I did it, I deserve to die."

In cases unrelated to Michelle's murder Rooney had pleaded not guilty to two charges of sexual assault, one count of lewd & lascivious conduct with a child, and one count of inciting a felony for an alleged murder for hire plot. That charge reportedly stemmed from a three-year relationship with a former girlfriend that began when she was 17 and he was 31, according to an affidavit.

The Vermont State Crime lab matched DNA from Rooney's pants to that of Michelle. They also found Rooney's DNA on Michelle's body.

Brian Rooney is scheduled to go to trial on May 13, 2008, but it may be delayed.

On April 24, 2008, a memo was filed with the District Court, by David Sleigh, Rooney's lawyer, that says there has been an irrevocable breach of the attorney-client relationship, and he wants to withdraw from the case.

Sleigh says it seems Rooney is trying to represent himself. A hearing is set for next Wednesday to see if the two can work out their differences. If not, Rooney's trial could be delayed two months.

Resource material...

http://www.crimelibrary.com/news/original/1006/2502_michelle_gardner-quinn.html

http://www.amw.com/captures/brief.cfm?id=41113

http://www.wcax.com/Global/story.asp?S=8222594

http://www.wtopnews.com/?nid=600&sid=1393366

http://media.www.vermontcynic.com/media/storage/paper308/news/2008/01/22/News/Defense.Attorney.Tries.To.Suppress.Evidence-3159412.shtml

UPDATES

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05/22/08

Guilty as Charged!

Brian L. Rooney Trial

The twelve panel jury of seven women and five men found Brian L. Rooney, after six hours of deliberations, guilty of murdering UVM student, Michelle Gardner-Quinn.

"Good afternoon, and it is a good afternoon, isn't it? We're going to have one very brief thing to say at this time, and then we'd like to go away," John-Charles Quinn, the victim's father, said minutes after the verdict was read.

"Michelle has not been with us for 20 months as a living person, but her living spirit has been with us every day, and her living spirit can be seen in the all the good works that are being done in her name," Diane Gardner Quinn said. Then the family, including Michelle's older sister Yasmine Rassam, walked away from the cameras and reporters.

He now faces a mandatory sentence of life without parole.

Read full story details...

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080522/NEWS01/80522010/1007/NEWS02

http://www.boston.com/news/local/vermont/articles/2008/05/22/jury_convicts_man_in_rape_killing_of_vermont_collegian/

05/22/08

Case goes to Jury

Brian Rooney awaits fate

Closing arguments were made in the Brian Rooney case, and now his fate is in the jury's hands as they decide whether he murdered Michelle Gardner-Quinn, or not.

During closing arguments, prosecutor Rosemary Gretkowski said the proof was in the DNA, that Roon is responsible for Michelle's death. She also told the jury that further proof was in the defendant's familiarity with Huntington Gorge, where the body was found, and the suspect's own changing statements and near-admissions of guilt.

"Ask yourselves: Is this the way an innocent person would act? ... No innocent person would say, 'If I did this I deserve to die,'" the prosecutor said. "There is no 'if' in this case. ... He knew he did it. He just couldn't admit it."

Defense attorney David Sleigh says the state's case is an upside-down pyramid balanced on a tiny point: the small, unreliable sample of DNA. When nudged, Sleigh said, the entire pyramid topples.

"They never found any blood. They never found any debris. They never obtained any evidence connecting Michelle to Brian," the defense lawyer said.

Read resources...

http://www.reformer.com/ci_9346361

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080522/NEWS01/80521033/-1/NEWS05

05/21/08

"I can't remember"

"I don't know what happened. I can't remember," Rooney said on the tape, that was done during a police interview, conducted shortly after Rooney was arrested for the murder of Michelle Gardner-Quinn.

"After he sat down he began crying, and it was shortly after he began crying that he made three spontaneous statements. The first was; I don't know what happened. I can't remember. The second was; that's what scares me, I don't know. And the third statement was; I deserve to die if I did something," recounted Burlington Police Sgt. Kris Carlson.

Both sides have rested their cases. The jury will decide Rooney's fate after hearing closing arguments on Thursday.

Read story details...

http://www.wcax.com/Global/story.asp?S=8359054&nav=menu183_6

05/20/08

DNA Evidense and Photos Shown Tuesday

DNA was the focus of most of the testimony, today as four witnesses for the prosecution took the stand.

Rooney's DNA matched that found on and near Gardner-Quinn's body. A forensic scientist told jurors there is a one in 240 quadrillion chance that someone else could have the same DNA match.

The defense grilled forensic experts about the way DNA was extracted and processed. Defense attorney David Sleigh was quick to point out that Gardner-Quinn's DNA was never found in Brian Rooney's jeep, but the medical examiner told jurors that doesn't prove she was never in the vehicle.

The pictures of Michelle Gardner-Quinn were displayed on a screen in the Rutland courtroom where 37-year-old Rooney is on trial.

Read resource details...

http://www.wcax.com/Global/story.asp?S=8352713&nav=menu183_5_2_6

http://www.boston.com/news/local/vermont/articles/2008/05/20/jury_sees_autopsy_photos_of_victim/

05/19/08

Audio Tapes of Interview

No Evidence In Car

Burlington Police Detective, Ray Nails, took the stand this morning.

Jurors heard an audio tape between Nails and Brian Rooney where Rooney recalled the eveing that Michelle Gardner-Quinn disappeared.

Rooney said that Michelle approached him and asked to use his cell phone because the battery on hers had died. When she finished, they walked up Main Street together, which was caught on surveillance camera.

Rooney claimed that they went different directions at South Union Street.

Rooney said that when she was finished with her phone call they headed on "Church Street...uh...Main Street again." He said he turned off at a street above Champlain Farms and she continued on up the hill towards the college.

"She was all set with the phone, so we headed on ... Church Street er, Main Street again. And my car was at Spruce Street so I turned off at the street above Champlain Farms-- whichever street that is. To connect over to Spruce Street and she had kept going up the hill towards the college," Said Rooney.

Nails said, "OK. So after you went up Main Street-- she kept on walking? Or did she go down South Union? Or did she keep going up Main Street?"

"She kept going up Main Street," Rooney replied.

When asked what he did when he got to his car, Rooney said, "I got in my car and snuck out of town.," and Laughed.

Nails also testified that" There was no information," referring to the results of forensic tests from the Jeep and clothes belonging to Rooney.

“Was there any evidence at all that that Jeep had been cleaned up?” Sleigh, Rooney's attorney, asked.

“No, sir,” Nails responded.

“Was there any evidence at all that that Jeep had anything at all taken out of it?” Sleigh asked.

“It was unkempt,” Nails answered.

Read detailed resource stories...

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080519/NEWS02/80519025

http://www.wcax.com/Global/story.asp?S=8344606&nav=menu183_13

05/17/08

Suspect Turns Green, Court Postponed

"I don't feel secure right now"

The trial of Brian L. Rooney, for the alleged murder of Michelle Gardner-Quinn, was postponed due to the suspects illness, and should resume on Monday.

Rooney was taken to Rutland Regional Medical Center after vomiting.

After returning to court, a pale Rooney said he felt better. But when Judge Michael Kupersmith asked him if he would be able to focus on the trial, he said he was worried about getting sick in court.

"If I'm feeling like I'm going to be sick, then I'll be focused on that," he said.

"I don't feel secure right now," said Rooney, who then apologized to the court.

Kupersmith said he suspected Rooney was suffering from a stomach bug, telling him there was no need to apologize. He postponed the resumption of testimony until Monday, if Rooney's condition improves.

Read resource details...

http://www.examiner.com/a-1394719~Suspect_s_sickness_forces_trial_postponement.html?cid=rss-Vermont_Headlines

05/15/08

Day One In Brian Rooney Murder Trial

In opening statements, prosecutors say Rooney took Michelle Gardner-Quinn to Huntington Gorge in Richmond, where he sexually assaulted her and then killed her to cover it up. Her body was found six days later, stuffed into a rock outcropping near the gorge. She had been strangled and beaten.

Defense attorney David Sleigh told jurors the linchpin of the state's case is DNA evidence taken from a small sample and analyzed by a state laboratory with a history of errors.

"You're not going to have a picture of anything: How this crime was committed, where this crime was committed, and most importantly who committed this crime," Sleigh said to the jury. "When you consider the paucity of evidence in this case, you will have no choice but to find Brian Rooney not guilty."

Attorney David Sleigh asked to be withdrawn from the case, last month, but his request was denied by Judge Michael Coopersmith.

A memo had been filed with the District Court, by Rooney'attorney, that said there had been an irrevocable breach of the attorney-client relationship, and he wanted to withdraw from the case. Sleigh said it seemed Rooney was trying to represent himself.

Eight witnesses took the stand; Michelle Gardner-Quinn's parents, her roommate, and several friends were among them.

Both of Gardner-Quinn's parents testified that they were in town for parents weekend at UVM and became worried when their daughter didn't show up to meet them for the homecoming parade.

Read detailed resources...

http://www.wcax.com/Global/story.asp?S=8329499&nav=4Qcb

http://www.wvec.com/sharedcontent/APStories/stories/D90M9UT01.html

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080515/NEWS02/80515014

Some of the people involved...

http://www.boston.com/news/local/vermont/articles/2008/05/15/witness_testimony_in_first_day_of_rooney_murder_trial/

05/14/08

Trial Starts Thursday

Seven women and five men will be deciding the fate of Brian L. Rooney, for the, alleged, rape and murder of UVM student Michelle Gardner-Quinn, in October of 2006.

The morning session, in which prosecution and defense attorneys questioned 24 potential jurors in a group, offered a vibrant preview of the strategies and issues that will arise at trial.

Deputy Chittenden County State's Attorney Rosemary Gretkowski's inquiries illuminated a prosecution case built around DNA evidence, though of less-than-ideal quality, and circumstantial facts she suggested ought to be enough for a conviction.

Defense attorney David Sleigh's questions indicated he plans to attack the reliability of the biological data and raise doubt about the conclusions prosecutors ask the jury to draw.

Read resource details...

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080514/NEWS02/80514027/1001/NEWS

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080513/NEWS02/80513017/1007

05/13/08

Jury Selection Begins

Jury Selection for the Brian L. Rooney trail begins, today, at Vermont District Court in Rutland, for the murder of Michelle Gardener-Quinn.

Judge Michael Kupersmith ordered the proceedings relocated from Burlington because of concerns that pretrial publicity in Chittenden County has biased potential jurors against the defendant.

Jury selection is likely to last all of Tuesday and most or all of Wednesday. Opening statements and testimony would begin on the second day only if a jury is impaneled by noon, Kupersmith said.

Authorities allege a genetic profile in semen recovered from Gardner-Quinn’s body matches Rooney’s DNA with scientific certainty. Rooney has pleaded not guilty to one count of aggravated murder and is jailed without bail at the Marble Valley Regional Correctional Facility in Rutland. Conviction carries a mandatory sentence of life in prison with no chance of parole.

Defense lawyers seek to raise doubt in jurors’ minds by examining the specific DNA evidence — how it was collected, examined and stored, the amount of material, and the like — or questioning the conclusions the prosecution has made, said Kerry DeWolfe.

“There’s this huge public perception that it’s infallible, and it’s very solid science, but nothing is infallible,” DeWolfe said. “The potential for mix-ups, bad processing, contamination always exists. Or you may have perfectly good science, but it doesn’t answer the relevant questions.”

Proceedings are scheduled to last through May 30, but prosecutor Rosemary Gretkowski told the judge the trial could wrap up May 23.

Resources...

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080510/NEWS/80510017/-1/rss

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080511/NEWS/80510018/1009/NEWS01

05/01/08

The Judge says "No"

The judge said, "no", at a hearing that was held Wednesday, on David Sleigh's withdrawal motion.

On April 24, 2008, a memo was filed with the District Court, by Rooney'attorney, that said there had been an irrevocable breach of the attorney-client relationship, and he wanted to withdraw from the case. Sleigh said it seemed Rooney was trying to represent himself.

Judge Michael Coopersmith told Sleigh he wasn't allowed to quit as Rooney's attorney. "Nothing convinces me that Mr. Slegh should be relieved of his responsibilities in this case."

Rooney told the judge that he felt the court was rushing him to trial and the defense isn't prepared.

Rooney's trial is scheduled for May 13th for the murder of Michelle Gardener-Quinn.

Video and resource...
http://www.wptz.com/video/16092784/index.html?rss=pla&psp=video

http://www.wptz.com/news/16083864/detail.html