Brian Rooney

Background

Brian Rooney (born June 27, 1970) was a former construction worker. He was convicted of the abduction and murder of 21-year-old college student Michelle Gardner-Quinn, a senior at the University of Vermont, located in Burlington, Vermont. A former construction worker was convicted of the abduction and murder of 21-year-old college student Michelle Gardner-Quinn.

Rooney had criminal history with federal charges filed as of 1998. He was currently charged with lewd and lascivious conduct with a minor in Essex County, about 80 miles east of Burlington. He was also charged with sexual assault on a minor and on an 18 year old woman. Rooney was believed to have used an ether-soaked cloth to subdue and incapacitate the woman. A former girlfriend with whom he had a child said that he threatened to kill her on numerous occasions. According to court documents, Rooney was believed to have three children with as many mothers.

The offence

Michelle Gardner-Quinn’s half-dressed body was found on October 13, 2006 at the Huntington Gorge in Richmond, stuffed into a rock crevice and covered with leaves. An autopsy revealed that she had been sexually assaulted; cause of death was strangulation and blunt force trauma to the head.

A jewelry store security camera showed Rooney walking with the victim on October 7, 2006 at 2:34 A.M. It was said that Gardner-Quinn had borrowed Rooney’s cell phone to try to reunite with friends she had been out with. According to Vermont police, it was also said that Rooney was the last person to see her alive.

Rooney was convicted of the murder of Michelle Gardner-Quinn. His guilt was based largely on the strength of DNA evidence taken from semen found inside Quinn’s body. His lawyer argued that “two nanograms of sperm” handled by a forensic lab with a history of sloppy work was not sufficient to convict.

Investigation

DNA evidence linked Rooney to Gardner-Quinn. Criminal charges were filed against Rooney as of 1998. Rooney was charged with Gardner-Quinn’s murder on October 25, 2006.

Arrest

Rooney’s case proceeded after DNA evidence linked him to Gardner-Quinn. No separate arrest event was provided.

Trial

Brian Rooney was found guilty of the murder of Michelle Gardner-Quinn on Thursday, May 22, 2008.

Rooney’s lawyer, David Sleigh, argued that he should be acquitted outright because the State failed to prove that Gardner-Quinn’s death occurred at the time of her rape, which was a requirement for the crime of aggravated murder with which he was charged. Rooney expressed condolences to Quinn’s family but still insisted that he was innocent.

Rooney sought a new trial and claimed the judge gave improper instructions to the jury and that government witnesses misled jurors about the reliability of DNA evidence. His defense lawyer took advantage of an appeals process that was automatic in Vermont murder convictions.

Sentencing

On October 17, 2008, Rooney was sentenced to life in prison without the possibility of parole (under Vermont law, the only available sentence for aggravated murder).

Judge Michael Kupersmith berated Rooney, stating:

“You are the lowest of the low.”

Appeals

In February 2011, the Vermont Supreme Court ruled that Rooney’s trial was carried out appropriately. As voted in a 3-2 decision, Rooney’s sentence of life in prison without parole would stand.

Outcome

Rooney remained convicted of the murder of Michelle Gardner-Quinn, for which he received a sentence of life in prison without the possibility of parole.

Aftermath

The Vermont Department of Corrections housed a portion of their inmates in out-of-state institutions. Rooney was housed at the Lee Adjustment Center in Beattyville, Kentucky. His inmate identification number was 18539. Rooney was now seeking a new trial. Rooney was also seeking a new trial based on claims about improper jury instructions and witness misled jurors about the reliability of DNA evidence.