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Magic407- 10-25-2006
Brian L. Rooney: Murder, Michelle Gardner-Quinn, TBD
For complete history on this case, please see Michelle Gardner-Quinn's thread in the Found/Resolved Section Suspect Charged In Death Of Vermont Student Gardner-Quinn Seen Walking With Suspect In Surveillance Video POSTED: 4:09 pm EDT October 25, 2006 UPDATED: 9:46 pm EDT October 25, 2006 ARLINGTON, Va. -- The man seen on surveillance video walking with a college student who was found beaten and strangled a week later was charged on Wednesday with her murder. Police said DNA found on Michelle Gardner-Quinn's body matched DNA from Brian L. Rooney, 36. Rooney had been identified as a primary suspect in the 21-year-old Arlington woman's death. He was the last person seen with her before she disappeared at about 2 a.m. on Oct. 7 after leaving a bar in Burlington, Vt., to walk back to the University of Vermont campus. A store surveillance video showed the two walking together. Authorities said Gardner-Quinn asked Rooney to borrow his cell phone. Gardner-Quinn died of strangulation and blunt force trauma, police said in an affidavit filed in court. The official charge against Rooney, aggravated homicide, indicates he is suspected of murder during sexual assault or attempted sexual assault. Rooney had been held on unrelated sex charges from three different counties since Oct. 13, when Gardner-Quinn's body was found in nearby Richmond, the town where Rooney lives. Court papers previously filed in the case indicated Rooney had denied having anything to do with Gardner-Quinn's disappearance when police interviewed him. Rooney is expected to appear in court on Thursday to answer the charge. http://www.nbc4.com/news/10157251/detail.html

Magic407- 10-26-2006

Man Charged With Murder In UVM Student's Death Woman Found Dead Near Vermont Campus POSTED: 2:00 pm EDT October 25, 2006 UPDATED: 6:31 pm EDT October 25, 2006 Brian Rooney BOSTON -- A man held in connection with the disappearance of a University of Vermont student found dead was charged Wednesday in connection with the woman's death. Brian Rooney, 36, was charged with aggravated homicide in the death of Michelle Garnder-Quinn. The 21-year-old died from strangulation and "blunt force trauma," police said in an affidavit filed in court. NewsCenter 5's Sean Kelley reported that Rooney, 36, has been held on unrelated charges since the discovery of Michelle Gardner-Quinn's body on Oct. 13. Investigators said DNA evidence sealed their case. With the victim's picture by his side at the podium, Burlington's police chief announced the arrest of Michelle Gardner-Quinn's suspected rapist and killer. Brian Rooney's denial about involvement in the University of Vermont student's death became more unbelievable to detectives when they recovered a DNA link. "DNA samples found during the search match Rooney to a reasonable degree of certainty," Burlington Police Department Chief Thomas Tremblay said. Rooney was the last person seen with the 21-year-old student on Oct. 7 when she disappeared. Police said the woman borrowed Rooney's cell phone while she walked home from downtown after a night out with friends. Gardner-Quinn's body was discovered almost a week later by hikers. "The cause of Michelle's death was strangulation and blunt force trauma," Tremblay said. Detectives didn't comment on the potential weapon used. They think Gardner-Quinn died no more than two hours after a video was taken of her with Rooney. Police previously arrested Rooney on charges he sexually abused children in two other counties. He's also been charged with sexually assaulting a former girlfriend. "We're pleased with the results, but nobody can ever feel good about the tragedy that's occurred in our community," Tremblay said. Rooney is scheduled to be arraigned Thursday at 10:30 a.m. in a Chittenden County, Vt., courtroom. http://www.thebostonchannel.com/news/10156320/detail.html

Magic407- 10-26-2006

Rooney Charged with Aggravated Murder Burlington, Vermont - October 25, 2006 "This afternoon, Burlington Police investigators have brought charges against Brian Rooney, 36, of Richmond, Vermont for aggravated homicide in the death of Michelle Gardner Quinn," says Chief Tom Tremblay of Burlington Police. Police say Brian Rooney has been their only suspect since Michelle Gardner Quinn disappeared 18 days ago and was found dead at the Huntington Gorge six days later. Police say the autopsy revealed that Gardner Quinn died of strangulation and blunt trauma injuries during a sexual assault. They say she was killed within two hours after she was last seen walking with Rooney on October 7th. Police say they did not have enough evidence to charge Rooney with the murder until Wednesday. "DNA samples found during Michelle's medical evaluation matched the DNA from Brian Rooney to a reasonable degree of scientific certainty. The scientific probability of the samples randomly existing in the Caucasian population are approximately one in 240 quadrillion," says Chief Tremblay. Police say there are many details left to be learned, such as, where he killed her and how he transported her body to Richmond from Burlington. But for now, they are satisfied that they've been able to charge him with murder. "We're pleased with the results, but nobody can ever feel good about the tragedy that's occurred in our community," says Chief Tremblay. For now, Rooney continues to be held on sex crimes charges unrelated to the Gardner Quinn homicide, that came to light during the course of this investigation. He will be arraigned Thursday on the aggravated murder charge -- meaning he could get life without parole if convicted. http://www.wcax.com/Global/story.asp?S=5590523

Magic407- 10-26-2006

Oct. 26, 2006, 10:28AM Not guilty plea in Vt. student's death By JOHN CURRAN Associated Press Writer © 2006 The Associated Press BURLINGTON, Vt. — A man accused of beating and strangling a University of Vermont student he had met on a Burlington street pleaded not guilty Thursday to murder. Brian L. Rooney, 36, appeared briefly before District Judge Christina Reiss but didn't speak at the hearing Thursday. Defense attorney David Sleigh entered the plea for him. "We'd like to remind people that Brian is presumed innocent, and he's in fact innocent," Sleigh said after the arraignment. "We intend to test the strength of the state's case in a court of law." Rooney was the last person seen with Gardner-Quinn before she disappeared while walking back to campus from a Burlington bar early on the morning Oct. 7. A store surveillance video showed the two walking together. Gardner-Quinn's body was found near a gorge a week later. An autopsy determined the 21-year-old had been strangled and beaten the day she disappeared. Semen found on her body matched Rooney's DNA, according to an affidavit filed in support of the charge, and police alleged that Rooney killed Gardner-Quinn while sexually assaulting her. Rooney told police he had been intoxicated the night he met her, according to the affidavit. He said that he saw the woman having trouble with her cell phone and that approached her and offered his, that he didn't remember what happened and must have blacked out, according to an affidavit released Wednesday. "I honestly don't know what I did that night. If I did it, I deserve to die," Rooney said, according to the affidavit. Police Chief Thomas Tremblay said that police don't know exactly where the killing occurred, but that it was between about 2:30 a.m. and 4:30 a.m., when Rooney returned to his parents' home in Richmond. Gardner-Quinn was reported missing by her parents, who had come from Arlington, Va., for parents' weekend at the university. http://www.chron.com/disp/story.mpl/ap/nation/4289595.html

Magic407- 11-02-2006

Suspect's Attorney In Gardner-Quinn Case Wants DNA Preserved Suspect Is Being Held Without Bond POSTED: 9:36 am EST November 1, 2006 UPDATED: 9:46 am EST November 1, 2006 BURLINGTON, Vt. -- The attorney for a man accused of sexually assaulting and then killing a University of Vermont senior from Virginia wants extra samples of DNA evidence preserved for independent testing. Brian Rooney's attorney, David Sleigh, has asked a judge to order the Vermont Forensic Lab to save at least three copies of all DNA samples and to ask for special permission to run tests if a sample is too small to be divided. "Defendant is entitled to independently tested evidence analyzed by the state," Sleigh said in court papers filed last week. "Care should be taken from the outset to ensure that adequate opportunity for independent testing is preserved." Rooney, 36, of Richmond, Vt., is facing charges of aggravated murder for sexually assaulting and then killing Michelle Gardner-Quinn, 21, of Arlington, Va., after the two met by chance on the street in Burlington on Oct. 7. Gardner-Quinn's body was found Oct. 13 at the edge of the Huntington Gorge in Richmond. Rooney pleaded innocent to the charges and is being held without bail. If convicted, Rooney faces a mandatory sentence of life without parole. Sleigh also asked a judge to order prosecutors to share 10 specific pieces of information related to DNA testing, including a complete copy of the lab's case file and the professional qualifications of lab staff. Deputy State's Attorney Justin Jiron filed papers objecting to the request to divide samples into thirds. Standard lab protocol calls for dividing the samples in half. "The defense motion does not indicate a reason for departing from the protocol," Jiron wrote. "A requirement that all evidence be divided into three or more parts is unduly burdensome." Rooney's next appearance in court is scheduled for Nov. 17. http://www.nbc4.com/news/10208452/detail.html

Magic407- 11-11-2006

Suspect seeks dismissal after agent goes public By Associated Press | November 11, 2006 BURLINGTON, Vt. -- The man accused of killing a University of Vermont student is asking a judge to dismiss the charges because an FBI agent wrote an opinion article about the case that referred to the suspect as "evil," a "sexual predator," and a "two-legged hyena." David Sleigh, the lawyer for suspect Brian Rooney, filed the motion to dismiss Wednesday, saying the article made it impossible for Rooney to get a fair trial. "Agents of the state have deliberately disseminated highly inflammatory and prejudicial comments to the press," Sleigh said in the motion. Rooney has pleaded not guilty to a charge of aggravated murder in the Oct. 7 abduction, assault, and killing of Gardner-Quinn, after the two met by chance in downtown Burlington. If convicted, Rooney, 36, of Richmond, could be sentenced to life in prison without the possibility of parole. FBI spokesman Paul Holstein said the author was an FBI agent. "We're not happy with it, and we'll take steps to ensure it doesn't happen again," Holstein said. "We take it very seriously when we have an unauthorized media contact, and it also is an issue because we have a policy that we do not discuss ongoing investigations or prosecutions." The article describes the agent's response to the search for Gardner-Quinn and then the efforts to find her killer. Rooney is not named in the article, but it's clear he is the subject. Seven Days co-publisher and editor Pamela Polston said the paper granted the author's request for anonymity after verifying his identity. "We stand behind the freedom of expression of every citizen, including that of law-enforcement officers, and, like all newspapers, offer a forum to our readers for that expression," she said. http://www.boston.com/news/local/vermont/articles/2006/11/11/suspect_seeks_dismissal_after_agent_goes_public/

Magic407- 11-24-2006

Rooney Wants Dismissal in Gardner-Quinn Murder Nov 22nd - 10:06am Defense: DNA Match Links Suspect to Slain Student Gardner-Quinn's Sister Tries to Remain Optimistic BURLINGTON, Vt. (AP) - The lawyer for the man charged in last month's sex assault and killing of a University of Vermont student from northern Virginia is pressing for dismissal because of what he maintains is prejudicial comments by an FBI agent. "A hearing is necessary so that this court may consider what remedy best accounts for the state's malfeasance," attorney David Sleigh wrote in court papers filed Tuesday. Sleigh wants charges against Brian Rooney, 36, of Richmond, Vt., dismissed because FBI agent T.C. Fuller wrote what the lawyer called an "inflammatory" column about the case in a Burlington weekly newspaper, Seven Days. Rooney has pleaded not guilty to one count of aggravated murder and is being held without bail in the death of UVM senior Michelle Gardner-Quinn, 21, of Arlington, Va. Michelle Gardner-Quinn disappeared Oct. 7, six weeks after arriving in Burlington. Her body was found a week later near a gorge, and an autopsy determined she had been sexually assaulted, strangled and beaten. DNA evidence ties Rooney conclusively to the crime, police and prosecutors have said. Justin Jiron, deputy Chittenden County state's attorney, argued in court papers that dismissing the case because of the FBI agent's Nov. 8 column would be an extreme and inappropriate sanction for the court to impose. Legal experts have said Judge Michael Kupersmith signaled that he agreed with the prosecutor when he said during a hearing last week that he doubted a hearing on Sleigh's motion would be necessary. Sleigh made Tuesday's deadline for filing additional paperwork on his motion to dismiss. "The intentional publication of inflammatory and prejudicial information by agents of the state is misconduct designed to adversely impact defendant's right to a fair and impartial trial," Sleigh wrote. The comment was included in a three-page brief filed in Vermont District Court in Burlington. "An evidentiary hearing is necessary to provide an adequate factual record for potential appellate review," Sleigh wrote. http://www.wtopnews.com/index.php?nid=600&sid=983477

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