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Rooney Interrogation Tapes Played in Court

Burlington, Vermont - January 16, 2008

The lights dimmed inside the courtroom as prosecutors played a long-awaited video. On it-- an accused killer-- secretly taped during an attempted lie detector test at the Vt. State Police Barracks in Williston.

Brian Rooney, the man accused of raping and murdering UVM student Michelle Gardner Quinn, takes a seat as Sergeant Ed Twohig, an interrogation expert, prepped him for the polygraph.

"I don't remember a lot. After I left the bar, I don't remember a lot," Rooney told Twohig during the interrogation.

It would be a four-and-a-half hour exchange. And despite repeated tries, the test would never happen.

"Do you want to clear yourself, Brian?" Twohig asked Rooney on the taped interview.

"Yes. I do," Rooney replied.

The interrogation took place two days before Gardner-Quinn's body was discovered near the Huntington Gorge. Investigators seemed desperate for answers, likely because a criminal profiler had warned them time was running out. Gardner-Quinn had been missing four days and if she were still alive, she wouldn't be for long.

Sgt. Twohig tried to get Rooney to confess to her abduction. But Rooney's lawyer was not present and the accused asked for him 37 times.

"I'd like a minute to talk to a lawyer, if I could," Rooney told Twohig and another officer.

That has put into question whether this tape and other recorded interviews will be admissible during Rooney's murder trial. The defense argues investigators knew Rooney had a lawyer, but ignored his requests for representation. Judge Michael Kupersmith must decide if the jury will hear the evidence that could help the prosecution's case.

Rooney attempts to leave several times during the attempted lie detector test, but the Sergeant kept trying-- even pulling out a photo of the victim.

"Take a look at this, Brian," said Twohig. "That's Michelle Gardner-Quinn. And that's why we're here. That's why we're here. And that's why you're here."

Clearly frustrated, Rooney refused the test again. Not long after, he reiterated his need for a lawyer and leaves the room.

"I can have my attorney present and I can stop this at any time," Rooney said, preparing to leave the room.

Twohig pushed further saying, "But you can't stop me from talking. So, sit down and listen. I ain't asking you questions, Brian. So, sit down."

Police say they read Rooney his Miranda Rights before the lie detector test. And the accused even signed a waiver.

The prosecution says Rooney was never forced, ordered, or held during this exchange, or during an interview with the accused the next day. They claim Rooney was free to leave the conversation anytime and he was told that.

If the judge tosses out the statements, this could be problematic for the prosecution. It opens the door for Rooney to claim he had consensual sex with the victim before she was killed. His DNA was found on her dead body.

Those recordings could prevent that claim, because on them, Rooney changes his mind about how they met and claims he and the victim parted ways after a chance meeting on a Burlington street the night she disappeared.

Darren Perron - WCAX News