Sentence and Appeal
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 him, stating that: "You are the lowest of the low." Rooney expressed condolences to Quinn's family but still insists that he is innocent. Rooney is now seeking a new trial. Rooney claims the judge gave improper instructions to the jury and that government witnesses misled jurors about the reliability of DNA evidence. His defense lawyer is taking advantage of an appeals process that is automatic in Vermont murder convictions.
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 is a requirement for the crime of aggravated murder with which he was charged. 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 will stand.
Read more about this topic: Brian L. Rooney
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