 His defense lawyer is taking advantage of an appeals process that is automatic in Vermont murder convictions.Rooney's lawyer, David Sleigh argued that he should be acquitted outright because the State failed to prove that Gardner-Quinn's death occurred at the time of her rape, which is a requirement for the crime of aggravated murder with which he was charged.In February 2011, the Vermont Supreme Court ruled that Rooney's trial was carried out appropriately.