2008 Woodie Awards
Gag order on Rooney trial
Rooney to be tired despite Seven Days artical
Colin Lucas Staff Writer
Issue date: 12/5/06 Section: News
- Page 1 of 1
Brian Rooney will be tried on the charges that he murdered UVM senior Michelle Gardner- Quinn, despite the editorial published by Seven Days. But a gag order has been issued for all involved with the case.
This ruling came in response to attempts by Rooney's lawyer, David Sleigh, to get the case thrown out after FBI agent T.C. Fuller submitted an editorial to Seven Days.
According to Sleigh, the editorial contained information damaging to Rooney's right to a fair trial. State's Attorney Justin Jiron disputed Sleigh's contentions, saying that the article did not merit a dismissal of the case, The Free Press reported.
District Judge Michael S. Kupersmith refused to accept Sleigh's objections, writing, "He has not cited any legal authority for his contention that deliberate, adverse pretrial publicity by the state provides a basis for the court to grant the relief requested," the The Free Press reported.
The gag order, filed by Kupersmith, prohibits "any attorney, detective, investigator or law enforcement employee who is participating in, or has participated in the investigation or litigation" of the Rooney case from releasing any information to the public, including the press.
The intention of a gag order is to prevent attorneys or investigators from making comments that could over-publicize a case prior to trial and lead to prejudiced jurors.
The Free Press reported that Sleigh claimed that the gag order put Rooney's defense at a Disadvantage Agent Fuller's article in Seven Days contained information about the investigation of Garder-Quinn's murder and stated conclusively that Brian Rooney was guilty as charged. According to The Free Press, Fuller's submission to Seven Days was against FBI policy.
Rooney's charges include one count of aggravated murder along with unrelated sex charges from St. Johnsbury and Burlington. He is being held in prison without bail.
This ruling came in response to attempts by Rooney's lawyer, David Sleigh, to get the case thrown out after FBI agent T.C. Fuller submitted an editorial to Seven Days.
According to Sleigh, the editorial contained information damaging to Rooney's right to a fair trial. State's Attorney Justin Jiron disputed Sleigh's contentions, saying that the article did not merit a dismissal of the case, The Free Press reported.
District Judge Michael S. Kupersmith refused to accept Sleigh's objections, writing, "He has not cited any legal authority for his contention that deliberate, adverse pretrial publicity by the state provides a basis for the court to grant the relief requested," the The Free Press reported.
The gag order, filed by Kupersmith, prohibits "any attorney, detective, investigator or law enforcement employee who is participating in, or has participated in the investigation or litigation" of the Rooney case from releasing any information to the public, including the press.
The intention of a gag order is to prevent attorneys or investigators from making comments that could over-publicize a case prior to trial and lead to prejudiced jurors.
The Free Press reported that Sleigh claimed that the gag order put Rooney's defense at a Disadvantage Agent Fuller's article in Seven Days contained information about the investigation of Garder-Quinn's murder and stated conclusively that Brian Rooney was guilty as charged. According to The Free Press, Fuller's submission to Seven Days was against FBI policy.
Rooney's charges include one count of aggravated murder along with unrelated sex charges from St. Johnsbury and Burlington. He is being held in prison without bail.
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