Attorneys argue over DNA evidence in student death
Toolbox
Published: November 1, 2006
BURLINGTON, Vt. (AP) - The attorney for Brian Rooney, the man accused of sexually assaulting and then killing a University of Vermont senior, wants extra samples of DNA evidence preserved for independent testing.
Defense attorney David Sleigh is asking a judge to order the Vermont Forensic Lab to save at least three copies of all DNA samples and to ask for special permission to run tests if a sample is too small to be divided.
"Defendant is entitled to independently test evidence analyzed by the state," Sleigh said in court papers filed last week. "Care should be taken from the outset to ensure that adequate opportunity for independent testing is preserved."
Rooney, 36, of Richmond is facing charges of aggravated murder for sexually assaulting and then killing Michelle Gardner-Quinn, 21, of Arlington, Va., after the two met by chance on the street in Burlington on Oct. 7.
Gardner-Quinn's body was found Oct. 13 at the edge of the Huntington Gorge in Richmond.
Rooney pleaded innocent to the charges and is being held without bail. If convicted, Rooney faces a mandatory sentence of life without parole.
Sleigh also asked a judge to order prosecutors to share 10 specific pieces of information related to DNA testing, including a complete copy of the lab's case file and the professional qualifications of lab staff.
Deputy State's Attorney Justin Jiron filed papers objecting to the request to divide samples into thirds. Standard lab protocol calls for dividing the samples in half.
"The defense motion does not indicate a reason for departing from the protocol," Jiron wrote. "A requirement that all evidence be divided into three or more parts is unduly burdensome."
Rooney is due in court next on Nov. 17.
___
Information from: The Burlington Free Press, http://www.burlingtonfreepress.com
39