2008 Woodie Awards
Seven Days risk fair trial for Rooney
Anonymos op-ed jeopardizes Sixth Amendment rights
Colin Lucas Staff Writer
Issue date: 11/14/06 Section: News
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Seven Days published an editorial by an anonymous FBI agent last week that, according to Brian Rooney's attorney, has
jeopardized Rooney's right to a fair trial and should lead to a dismissal of his case.
The editorial, written by an anonymous
lawenforcement officer who referred to
himself as a "cop" and was verified by a bureau lawyer as a federal agent, outlined his involvement in the investigation of Michelle Gardner-Quinn's murder and conclusively stated that Rooney had murdered Gardner-Quinn.
In the editorial, Rooney's name was never used directly but it was irrefutably clear that he was being referred to when the agent called him a "violent sexual predator, a man who preys on the vulnerable in the dark places like some kind of two legged hyena."
The anonymous agent also wrote, "I will not sink to his level and take his life, though I admit the idea does not repel me. I have
attended the deaths of others who did not deserve it nearly as much as he does."
The Sixth Amendment to the Constitution guarantees the right to a speedy and public trial by an impartial jury. According to The Burlington Free Press, Rooney's
lawyer, David Sleigh, wrote in a three-page motion that, "the state has intentionally and maliciously endeavored to deprive him of a fair trial."
Sleigh's argument that Rooney can no longer receive a fair trial stems not only from the article, but also from a Burlington police officer's appearance on national television, according to The Free Press.
Pamela Polston is the copublisher and editor of Seven Days, which has statewide distribution and a wide readership.
Polston defended the publication of the editorial in an interview with The Burlington Free Press, citing freedom of expression.
"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," Polston told The Free
jeopardized Rooney's right to a fair trial and should lead to a dismissal of his case.
The editorial, written by an anonymous
lawenforcement officer who referred to
himself as a "cop" and was verified by a bureau lawyer as a federal agent, outlined his involvement in the investigation of Michelle Gardner-Quinn's murder and conclusively stated that Rooney had murdered Gardner-Quinn.
In the editorial, Rooney's name was never used directly but it was irrefutably clear that he was being referred to when the agent called him a "violent sexual predator, a man who preys on the vulnerable in the dark places like some kind of two legged hyena."
The anonymous agent also wrote, "I will not sink to his level and take his life, though I admit the idea does not repel me. I have
attended the deaths of others who did not deserve it nearly as much as he does."
The Sixth Amendment to the Constitution guarantees the right to a speedy and public trial by an impartial jury. According to The Burlington Free Press, Rooney's
lawyer, David Sleigh, wrote in a three-page motion that, "the state has intentionally and maliciously endeavored to deprive him of a fair trial."
Sleigh's argument that Rooney can no longer receive a fair trial stems not only from the article, but also from a Burlington police officer's appearance on national television, according to The Free Press.
Pamela Polston is the copublisher and editor of Seven Days, which has statewide distribution and a wide readership.
Polston defended the publication of the editorial in an interview with The Burlington Free Press, citing freedom of expression.
"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," Polston told The Free
Viewing Comments 1 - 2 of 2
Dan Keegan
posted 11/15/06 @ 1:38 AM EST
On Evidence-
The antics of Defense Attorney David Sleigh hinge on the irrational. The Seven Days publication, and the Law Enforcement official who wrote this controversial article, are both within their First Amendment rights. (Continued…)
gerry capone
posted 11/15/06 @ 7:20 PM EST
How do the personal comments of law enforcement officer trump the plethora of evidence in this case?? And what can the circulation of Seven Days amount to? Is it so impressive as to export the trial to Mars! If so, then so be it. (Continued…)
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