Convicted Vermont Killer Seeks New Trial

A man convicted May 22 of the rape and murder of a University of Vermont student is already appealing his conviction and seeking a new trial on claims that the judge failed to give proper instructions to the jury. Brian L. Rooney was convicted of the murder of Michelle Gardner-Quinn, 21, of Arlington, Virginia.

Testimony during the trial showed that Gardner-Quinn was raped, beaten and strangled after asking to borrow his cell phone while walking home from a friend's birthday party.

Just over a month after the jury found him guilty of aggravated murder, Rooney's defense attorneys filed an appeal for a new trial claiming that the judge should have told the jury that they had the option of convicting him of a lesser charge. Under Vermont law, aggravated murder carries an automatic life without parole sentence.

Rape, Murder 30 Minutes Apart

To find him guilty of aggravated murder, the jury had to determine that Gardner-Quinn's rape and murder took place at the same time. Rooney's attorneys argued that the jury should have been told they could have found Rooney guilty of separate counts of second-degree murder and sexual assault because the rape and murder occurred 30 minutes apart.

"There is insufficient evidence to prove that the sexual contact was criminal or that it occurred while Ms. Gardner-Quinn was being killed," attorney David Sleigh wrote. "The state has not produced any evidence to establish the circumstances of the alleged contact between the defendant and Ms. Gardner-Quinn."

During the trial, forensic testimony showed that Gardner-Quinn's hair, skin and fingerprints were found in Rooney's Jeep.

The attorneys also challenged the DNA evidence in the case, claiming that the DNA found on Gardner-Quinn that belonged to Rooney was too small a sample to be tested.

See Also:
Man Convicted in Vt. Murder Seeks New Trial

Earlier Articles:
Man Charged in Gardner-Quinn Murder
Missing Vermont Student's Body Found
Vermont Student Disappears While Walking Home

^{Photo: Family Photo}