Court denies media request in Rooney case

Chittenden County Judge Michael Kupersmith announced that all audio and visual recordings pertaining to the Brian Rooney murder case will be withheld from the media and the general public until further notice. “Haven’t the media’s First Amendment rights already been fulfilled?” Kupersmith said to media attorney Bob Cain. In a four-day hearing, Rooney’s defense asked to have the evidence removed. They believed that investigators violated Rooney’s Constitutional rights by getting him to make incriminating statements. In order to ensure a fair trial for Rooney, the judge made it clear that the record seal is only temporary, however, there is speculation that he may with?hold the recordings until the end of Rooney’s trial.”To say that there has been sensational coverage of this case is just plain wrong.” Cain said. Kupersmith said that the media should have recorded the evidence when it was brought to court earlier. Since Rooney’s Fifth Amendment rights and the media’s First Amendment rights are clashing, Kupersmith ruled in favor of Rooney to ensure a fair trial. “At this point all we have is mere speculation that Mr. Rooney’s jury pool has been tainted,” Cain said.Rooney, who has pleaded not guilty to aggravated murder charges for allegedly killing UVM student Michelle Gardner-Quinn, awaits trial while in jail.