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Nancy Grace

Body of Missing Student Found

Aired October 13, 2006 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NANCY GRACE, HOST: Breaking news tonight. She disappeared last Saturday night after a birthday celebration with friends at a local restaurant. Tonight, the search ends for 21-year-old Vermont coed Michelle Gardner-Quinn. Manner of death? Homicide. And tonight, police hone their focus on a 36-year-old man, Brian Rooney, police tonight still asking for your help to ID a location on this red Jeep Grand Cherokee belonging to Rooney. Tonight, the investigation on 21-year-old Vermont coed, missing girl, Michelle Gardner-Quinn.
(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Early this afternoon, police received initial information about a woman`s body being found off Dugway Road in Richmond. An immediate response by members of the Vermont state police, Burlington police and the FBI confirmed the presence of a woman`s body, and she has tentatively been identified by the investigators as Michelle Gardner-Quinn. We are now prepared to identify Brian Rooney, age 36, of Richmond, as a suspect in Michelle`s disappearance.

There is an extensive investigation still being conducted regarding the circumstances surrounding Michelle`s disappearance. All additional leads will continue to be followed. We are not done yet.

(END VIDEO CLIP)

GRACE: Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight. Tonight, an end to a search lasting almost a week for a young coed there in Vermont, just 21 years old. She went missing last Saturday night, Michelle Gardner-Quinn`s body found today in a wooded area.

Straight out to Charlie Papillo with News Talk 620 WVMT. Charlie, what`s the latest?

CHARLIE PAPILLO, NEWS TALK 620, WVMT: Good evening, Nancy. Latest is an individual was arrested earlier this afternoon, Brian Rooney. He`s 36 years old. Interestingly enough, he`s being arrested on other charges that aren`t related to the homicide.

GRACE: What do you mean, he`s been arrested on unrelated charges?

PAPILLO: He was arrested on charges of lewd and lascivious conduct with a child. And he is to appear in Caledonia court in St. Johnsbury on Monday on those charges.

GRACE: And tell me, how did the arrest go down?

PAPILLO: I can`t give you the specifics on the arrest.

GRACE: Take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Early this afternoon, police received initial information about a woman`s body being found off Dugway Road in Richmond. An immediate response by members of the Vermont state police, Burlington police, and the FBI confirmed the presence of a woman`s body, and she has tentatively been identified by investigators as Michelle Gardner-Quinn.

It is with a heavy heart and a great sense of sadness on the part of the citizens of Burlington and the Vermont law enforcement community that I address you this afternoon. The manner of Michelle`s death appears to be a homicide, pending confirmation from the Vermont chief medical examiner`s office. We expect that the medical exam will also officially confirm her identity.

(END VIDEO CLIP)

GRACE: Joining us now, investigative reporter Art Harris. Welcome, Art. What can you tell us?

ART HARRIS, INVESTIGATIVE REPORTER: Nancy, I can tell you that the body was found about 13 miles east of Burlington, off a road that leads to a gorge, a very, very dangerous place. This place has seen about 20 people die either falling off a very steep area -- there`s a waterfall that leads to a pool. A lot of kids go there in the summer. And it`s called Huntington Gorge. So hikers found the body. They called the police. They came out, they confirmed it. And it would seem to be a very good dumping ground for somebody who knows the area, Nancy.

GRACE: Why do you say that, Art?

HARRIS: Well, it`s remote. It`s off the beaten track. And while hikers use it, it`s something -- it`s a place that someone from the area would only know about because it`s a popular place. It`s word of mouth. I talked to a number of tourist people, hotel owners in the area, and they say it`s very popular in the summer. And you know, people would know about it, but only those who live there or who have heard about its reputation.

GRACE: After an intense search for this young girl, Michelle Gardner- Quinn, her body uncovered today.

Back out to Charlie Papillo with News Talk 620. Do we know the cause of death yet, Charlie?

PAPILLO: Cause of death has not been confirmed yet. That`s pending the autopsy.

GRACE: Well, it`s my understanding that it is homicide?

PAPILLO: It is homicide, correct.

GRACE: Out to our reporter there in the field, Rupa Mikkilineni. There was a press conference this afternoon, Rupa. What did you learn?

RUPA MIKKILINENI, NANCY GRACE PRODUCER: Well, Nancy, we learned several things as -- earlier, we heard some of your reporters indicating that they did name a primary suspect. He is Brian Rooney. He is 36 years old. I was yesterday at the home that he used to reside at. This was the Richmond home, you may recall, that they had executed search warrants on and collected various evidence, which the police are not being very clear about what was collected from that home, which is also just a couple of miles away from the area where Michelle`s body was found.

GRACE: Rupa is joining us there at the...

MIKKILINENI: Now, also, regarding Brian Rooney...

GRACE: Rupa is joining us there at the university, Rupa Mikkilineni there on the scene. I want to go back to the house, the house that was searched. All we are hearing is that -- not that he lived at the house but he was connected to the house. What does that mean?

MIKKILINENI: Well, two things, really, Nancy. He was originally on the deed of this house, according to our research. He no longer does reside at that house, but he is related to the individuals that live in that house. That is what police said today.

GRACE: Joining us right now, three well-respected former members of the FBI. We refer to them as our G-men. They`re joining us tonight to pick apart the little bit that we have gleaned.

Straight out to you, Mike Brooks. Art Harris referred to this as a quasi dumping ground. We all know the statistics. Once someone is kidnapped, within 72 hours, if they have not been found, the statistics say they`re dead. Now, let`s take into account, Mike Brooks, this wooded area, her body there. I don`t know if it`s clothed or unclothed. I don`t know the manner of death, be it strangulation, bludgeoning, shotgun wound. Don`t know. What type of condition do you think the body would be in under these conditions, and what can we learn?

MIKE BROOKS, FORMER D.C. POLICE, SERVED ON FBI TERRORISM TASK FORCE: Well, it depends on when she was actually was dumped there, Nancy. And they should be able to determine through forensics the time of death, approximate time of death. And statistics also bear out, Nancy, that people are usually found after a kidnapping, usually within 20 miles. And the place where they usually are found is, if water is close by, they`d be dumped in water. Or if not water, it would be right off of a road, usually about 50 yards off the road.

But there`s a lot of forensics that can be gleaned from the scene, that can be gleaned from her body, and also, hopefully, can be taken from Mr. Rooney`s car. There`s, you know, hairs and fibers, blood evidence, DNA, fingerprint, soil from up underneath the wheelwell. When they showed the picture of the car, it looked like there had been soil back behind the front wheels. It`s a four-wheel-drive vehicle. And hopefully, there from the scene, we can get some tire impressions, we can get something from her body.

And Nancy, it`s interesting, you can also get scent evidence from her body from the person who was last seen who handled her. They were considering -- one of my sources told me that they were considering on bringing in an FBI K-9 forensic team. This is a new team of bloodhounds to backtrack -- if they were able to get a good scent sample, to backtrack to find a possible suspect, even though it`s 13 miles...

GRACE: Wait. I don`t get what you mean. What do you mean to backtrack to find a suspect?

BROOKS: Well, they most likely got there by car. And the bloodhounds are so sensitive, they have such a sensitive sense of smell, that`s why they`re using these bloodhounds, and the scent will remain for days and days and days. They just had a case where the scent remained in an area for over 35 days. And what they can do, if they`re able to get good scent evidence off of her body, go back, follow the scent trail back to where it originated, where he put her in the car. Her scent would also be in that vehicle also. So they could also see if maybe there was any scent evidence in that car besides the normal forensic evidence you usually see.

GRACE: OK, hold on. Hold on. Hold on. It`s like me throwing legal lingo at you. You`re throwing forensic lingo at me, Mike Brooks. Are you saying that the scent of the perpetrator may still be on and around the body, the dog could pick that up to distinguish that in differentiation from Michelle Gardner-Quinn and then backtrack the scent to the perp? Yes, no?

BROOKS: That`s exactly right.

GRACE: OK, OK. Also with us tonight, a former member of the FBI joint terrorism task force, Steven Rogers. Steven, thank you for being with us. What clues do you anticipate that could be found in this red Jeep Cherokee? And again, everybody, police want your help tonight. They want to place a location for this Jeep around the time she went missing. That would be around 2:00 AM early, early, I guess it would be on Saturday morning, last Saturday morning. Go ahead, Steve.

STEVEN ROGERS, FORMER MEMBER OF FBI JOINT TERRORISM TASK FORCE: Well, as Mike said, the scent of these dogs is going to be very, very important in this case. Also, police are going to be looking for hair fibers. They`re going to be looking for fingerprints. What comes out of that Jeep could be a piece of the puzzle that can close the case.

Same thing with her body. Unfortunately, the body becomes the major piece of evidence they now have against a suspect. And they`ll be checking for DNA evidence from the body, as well as fingerprints, hair fibers, et cetera. So this is going to be an intricate investigation, depending on a lot of forensics.

GRACE: And to Don Clark, former head of the FBI Houston bureau. Welcome back, Don. Right now, the police are not releasing very much at all. In fact, this guy has not even been arrested on this charge. He is being held on other unrelated charges of lewd and lascivious behavior and an alleged act on a child. So they`re not opening up about what they know.

How do you nail down a timeline? And what do you believe police are doing right now?

DON CLARK, FORMER HEAD, HOUSTON FBI OFFICE: Well, I got a pretty good idea of what they`re doing, Nancy. We`ve been down that road a number of times. And if you happen to have a situation like this, where you have some other charges that you can attach to this person, at least what that does is put that person in place. They`re arrested. They`re in jail. They cannot do anything else, other than what they do with the defense attorney to try to prove their innocence or whatever the case may be. But nonetheless, they are there.

And then you can proceed along an investigative timeline and try to figure out what really took place in this case and not try to go to justice too quickly and indict too quickly, as in some of the cases that we`ve seen, Nancy. And the idea now is to build a case.

I`m going to tell you right now that what`s going on in that command center right now is that they have a pretty good idea that this is probably the guy. But the idea is, is to build a case because you`ve got to take it before a jury. And if you don`t have a case, then you have nothing.

GRACE: Straight back out to our reporter, producer Rupa Mikkilineni, joining us there at the campus at Vermont there in Burlington. Rupa, listen, let me get this straight. This guy, this 36-year-old man, is a construction worker. I understand there has been a huge dig. Where was the dig? What mechanics we were being used for the dig? And how was that location, if it is, connected to this guy?

MIKKILINENI: Yes, Nancy. This house where the dig occurred is just a couple of blocks away from the area where Michelle was last seen in that surveillance camera of the jewelry store. It`s near Edmonds (ph) High School. It`s just off of Main Street.

Now, this home is, in fact, empty, unoccupied right now, was just purchased by some new owners and they were renovating. This Brian Rooney, who is in the construction business, was reportedly working on this renovation project. So this is what led them to this home to dig.

They used backhoes, two backhoes, if I recall. They had dogs there, a K-9 unit. They had FBI, state police, as well as local Burlington police. They had begun to question neighbors last night, and then started to inspect the house last night and dig this morning through early afternoon.

GRACE: Joining us there at the campus at Burlington, Vermont, is Rupa Mikkilineni. Rupa, stay with us.

Right now, let`s unchain the lawyers. Joining us tonight, veteran prosecutor Eleanor Dixon and Kathleen Mullin, defense attorney. Welcome, ladies. To you, Kathleen Mullin. First of all, you know your client`s in trouble when you`ve got a couple of backhoes out digging up his workplace. Thoughts?

KATHLEEN MULLIN, DEFENSE ATTORNEY: Yes. That`s never a good thing, Nancy. When there are backhoes in your client`s backyard, it`s a pretty good sign there`s trouble.

(LAUGHTER)

GRACE: And so right now, this guy is not arrested on this particular case. What does that mean?

MULLIN: Well, I have to disagree with the FBI in that I think it`s a bad move to arrest him earlier than when you have the case that you are trying to put together. I understand the idea that you want to get him where you know where he is. You want to incarcerate him and hold him.

But Nancy, the first thing that happens is, I come into the room. I come into the picture. And now you are not allowed access to my client. You are not allowed to talk to him. And you may, if you are an investigating officer on this case, foreclose an avenue of information about the way in which this girl was killed.

GRACE: Back to News Talk 620 reporter Charlie Papillo. Charlie, does he have a lawyer yet?

PAPILLO: I can`t tell you, Nancy, if he does have a lawyer or not. I haven`t heard.

GRACE: And here in the studio with me, Eleanor Dixon, veteran prosecutor. You know, Eleanor, when you go back to the issue of speedy trial, I think the feds have a very good point because as soon as they indict him, then his lawyers can file a motion for speedy trial, and long story short, the state only has a couple of months after that to go to trial.

ELEANOR DIXON, PROSECUTOR: That`s true, so you don`t want to put the charges on too quickly. And let`s face it, now he`s in custody. We don`t have to worry about him potentially destroying evidence that may be out there, and we also are able to perhaps protect other people, if he`s the type of person to be prey on innocent victims.

GRACE: Let`s go straight to the lines. Rachel in Maryland. Hi, Rachel.

UNIDENTIFIED FEMALE: Hi, Nancy. How are you?

GRACE: I`m good, dear. What`s your question?

UNIDENTIFIED FEMALE: OK. I don`t want to imply anything, but I was just wondering if there was any evidence that -- like, maybe from her friends or something, that possibly they know if she knew him prior to, like, her asking for his cell phone or if it was just, like, a random encounter?

GRACE: Before we go to break, let`s answer Rachel`s question. To Rupa. Rupa`s standing by there at the campus at Burlington, Vermont. It`s my understanding this guy has been referred to all long as a random guy that, as she left the birthday celebration, was walking along beside her. He`s a 36-year-old construction worker. She is a 21-year-old student there at the University of Vermont, and she has to use his cell phone. Is that correct, Rupa, or did they have any other prior friendship?

MIKKILINENI: To my knowledge, Nancy, which, of course, comes from the police, they have indicated that they met for the first time that evening when she asked him to borrow his cell phone.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: As you can imagine, there is an extensive investigation still being conducted regarding the circumstances surrounding Michelle`s disappearance. All additional leads will continue to be followed. We are not done yet.

(END VIDEO CLIP)

GRACE: Welcome back. The body of 21-year-old coed Michelle Gardner- Quinn was found today in a heavily wooded area. Let`s take a look at the map. We know she went missing in downtown Burlington after a late-night birthday party. There you see to the far left, Michelle last seen here. About 14 miles away from that point, her body found. It`s five miles, approximately, away from a home connected to a 36-year-old construction worker, Brian Rooney.

Let`s take a look at Rooney. And tonight, police still asking for your help, trying to put a timeline together regarding this red Jeep Cherokee. Where was it after 2:30 AM, 10/7/06? As you all know, that was last Saturday, when Michelle went missing. How long has her body been there? How can we establish the time and manner of death? All will be up to the local medical examiner.

Out to Misty in Tennessee. Hi, Misty.

UNIDENTIFIED FEMALE: Hi, Nancy. Yes, my question was, I had heard that he had prior charges, and I was wondering why he hasn`t been arrested for those before now.

GRACE: You know, Misty, you`re true to my heart. That was one of my first questions. If he`s in jail on unrelated charges of lewd and lascivious behavior and some inappropriate act on a child, why wasn`t he jail? I learned, Misty, today, right before the show, actually, that these charges brought during this investigation. So the more they, apparently, questioned people about Michelle Gardner-Quinn, they learned about alleged other acts and put him in jail on that.

All I can confirm -- and Liz, confirm in my ear with me, with Ellie, if you could -- that he may have a couple of DUIs outstanding in -- that`s correct, thanks, Ellie -- in surrounding jurisdictions, counties around this one, and a suspended license, Ellie is telling me now in my ear. So that`s all they had on him so far.

Out to forensic scientist -- renowned forensic scientist, actually -- Dr. Lawrence Kobilinsky with John Jay College of Criminal Justice. Help me understand, with this girl out in the elements, how can we establish a time of death now, Koby (ph)?

LARRY KOBILINSKY, FORENSIC SCIENTIST: It`s a good question because most of the methods for establishing time of death fail after two or three days. And what I think we will have to resort to is getting a good entomologist, the kind of scientist that looks at insects, because we know that when a person dies...

GRACE: Koby, Koby, you`re kidding me, OK?

KOBILINSKY: I`m serious.

GRACE: Because as a prosecutor, I would slice that up like a Thanksgiving turkey! Please tell me that -- do you really think that`s going to be all they have to go on?

KOBILINSKY: I think that`s going to be a critical piece because, as I said, the scientists can study succession of insect life. In other words, when a person dies, the blowflies lay eggs and those eggs hatch and develop different kinds of life forms, larva, pupae, and they can time -- get an approximate time of death.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Early this afternoon, police received initial information about a woman`s body being found off Dugway Road in Richmond. An immediate response by members of the Vermont state police, Burlington police, and the FBI confirmed the presence of a woman`s body, and she has tentatively been identified by investigators as Michelle Gardner-Quinn.

(END VIDEO CLIP)

GRACE: Tonight, the search for a 21-year-old Vermont coed, Michelle Gardner-Quinn, ends. We believe her body has been found in a wooded area about 14 miles away from where she was last seen alive leaving a birthday celebration. This is a girl that had traveled all over the world. She had been to Brazil, South Africa, Costa Rica, and then back home in the U.S., on the streets of a lovely small town, she goes missing.

You`re seeing just released grainy video footage from a local jewelry store the night she went missing. This is about 2:00 AM, and there you see her walking along, we believe with the alleged suspect, Brian Rooney.

To Art Harris. That really precludes -- this image precludes a lot of his defenses. He can`t say he had never met her or did not see her that night, Art.

HARRIS: Nancy, this was a great clue, classic police work, going to get this videotape. Who would have thunk it that a jewelry store on Main Street, Perrywinkler`s -- I talked to one of the owners today -- they just had their videocamera trained on this spot outside the store for security. And it was learned that they had this, and they replayed the tape and police saw this guy. And they shifted the focus from the Subaru man -- you remember, in the white Subaru, immediately, who tried to pick up somebody at 2:35 in the morning -- to this guy, the new face, and followed it, like, you know, dogs to the ground and -- until they found that connection.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She is a resourceful, creative, loving, loved person and deeply involved in making the world better.

(END VIDEO CLIP)

GRACE: Tonight, we are sad to report that the search for 21-year-old Vermont coed Michelle Gardner-Quinn has ended. A body has been found in a wooded area just 14 miles away from where she was last seen.

She had attended a birthday party with friends that evening at a local restaurant. They all had a great time. As she left, she walked away with a local man, 36-year-old Brian Rooney. Her cell phone dead, she asked to use his. That one act may have helped target Brian Rooney.

When Michelle didn`t show up the following day, the friend looked back on the cell phone to find Brian Rooney`s cell number. Police immediately began to question him.

Back out to our producer, Rupa Mikkilineni, joining us on the scene. Rupa, please clear up how she was found and why she has not been positively identified.

MIKKILINENI: Sure, Nancy. Basically, at about 1:00 p.m. this afternoon, police received a phone call from some hikers that had been hiking in the Richmond-Huntington Gorge area. They found a woman`s body. They called it in. And then police, once they arrive on the scene, were able to superficially identify her as being Michelle.

They would not indicate the condition of the body, whether there were personal items or clothing items that allowed them to recognize her or she herself was in a situation where her facial features, everything could be recognized. They did not indicate that.

GRACE: Let`s go back out to Charlie Papillo with Newstalk 620 WVMT there in Vermont. This is a lovely little town, a very low crime rate, Charlie. It`s my understanding that, when police realized that this was, in fact, Michelle, it was very shortly after they had spoken to the family. Did the family give them some identifying mark on Michelle, like a birth mark or some jewelry? I mean, how do they know this is Michelle? They seem to be a little tentative in announcing it`s her.

PAPILLO: I haven`t heard if the family confided in terms of birthmark or anything like that. You know, we have to assume -- it hasn`t been that many days. The body can`t be decomposed that badly that they must have been able to I.D. it.

GRACE: Yes, yes.

PAPILLO: The body wasn`t in water. It was not laying in water.

GRACE: Had it been buried?

PAPILLO: As far as we understand, it had not been buried. It was laying on the side of the road. Temperatures are pretty cool here in this area of Vermont. Typically, the last couple of nights, it`s been hovering just above freezing. And I think last evening the temperatures were as low as 35 to 38 degrees.

GRACE: That will all play into the medical examiner`s determination. Back to Charlie. Charlie, am I correct she was beside the side of the road?

PAPILLO: That`s correct. But it`s in an area where it`s off the beaten path, typically an area where hikers in the summer -- this is an area where people will go to go swimming, even though they`re urged not to go there. It`s an area that`s claimed almost 20 lives due to drownings.

GRACE: So this is an area people are encouraged not to go. Why?

PAPILLO: Correct.

GRACE: Why?

PAPILLO: Because of the dangers of swimming there. You have no idea. It looks like an idyllic location, beautiful. You jump in the water. There`s all kinds of rip currents. After rains, it can be torrential, and it will pull you down. And that`s how people have died there. They`ve drowned there.

GRACE: Wait, wait, wait, in a lake?

PAPILLO: This isn`t a lake. It`s a gorge. It`s, you know, a river, a fast-moving stream.

GRACE: I see, because I couldn`t understand how there could be a current in a lake.

PAPILLO: Correct, yes.

GRACE: So it`s a gorge. OK. All right.

PAPILLO: Yes. Yes.

GRACE: I`m trying to get a mental picture of it. Charlie, are you telling me was she near that gorge? Did it look as though someone had tried to throw her into the gorge?

PAPILLO: Well, we`d be speculating. We`re assuming at this point perhaps he was startled. He had planned on putting the body in the water. We don`t know that. The body was not in the water.

GRACE: Was she clothed?

PAPILLO: That has not been revealed.

GRACE: OK. Out to the lines, Ellen in Kentucky. Hi, Ellen.

CALLER: Hello, how are you?

GRACE: I`m good, dear. What`s your question?

CALLER: My question is, what happened to the buddy system with these girls? I mean, everything that`s been going on in the world today, why are girls out at 2:30 in the morning walking the streets alone?

GRACE: You know what? I agree, Ellen, and that was one of my very first questions when I started prosecuting violent crimes, because it just almost defies common sense.

On the other hand, the defense is, why shouldn`t we women be safe at any time of the day or night? And sometimes it puts the focus on why did the victim do x as opposed to why did some freak come along, and drag her off the road, and take her to a gorge, and dump her body after killing her, probably molesting her first?

But you know what, Ellen? I`m glad you asked that. Let`s go out to the lawyers because that is exactly the kind of question that a jury will ask. And you know what that breeds: the same, old blame-the-victim defense.

Sex prosecutor specialist Eleanor Dixon is with us. First of all, it always starts like this. And please feel free to correct me. Number one, "I don`t know her. I`ve never seen her." "Oh, yes, I did see her at the party that night. Yes, I remember that, but we weren`t alone." "Yes, we were alone."

DIXON: "But we didn`t have sex."

GRACE: "But we didn`t have sex." "OK, we had sex, but it was consensual."

DIXON: "It was consent."

GRACE: "All right. It was rough sex, and that`s how she died. She asked for it. That`s the way" -- or it was sex for crack, it was sex for drugs, it was sex for money. That`s the direction you can guess. So in this case that is -- Ellen brought up a very good point, why she was out at 2:30 in the morning and how a jury will perceive that, if we get to that point.

DIXON: And isn`t that so unfortunate? And, look, you and I were saying the defenses right along with each other, because we know what they are. They`re that way in every case.

I`ve seen a judge where she has had the victim bring in the clothing and display it for the jury that she was wearing the night she was raped. We have to get past that, because victims are like everyone else. They come with all sorts of personalities and issues. We can`t continue to blame the victim, but blame the defendant who committed the heinous crime.

GRACE: And speaking of defense attorneys, joining us is a veteran trial lawyer, Kathleen Mullin. Right now, this guy is behind bars on unrelated charges. How many times, Kathleen, have you heard somebody -- it happens all the time in my jurisdiction -- they`re arrested on unrelated, legitimate very often, charges while they try to work up a case. Explain?

MULLIN: Well, Nancy, it`s a common tactic. But, look, I want to go back one second. In my neighborhood, this is not how we would defend this case.

This suspect -- and let me stress, there has been a search warrant executed at the home that he is connected to. As you mentioned earlier, there have been backhoes in the yard. And we still have no link between the moment he walks off the video footage with her until the moment this lady`s body is tragically found. So there is nothing that connects him in the middle yet.

Now, you mentioned earlier -- and you were correct -- that the case that he is currently incarcerated on is unrelated to this one, but was brought and developed during the investigation of this case here. Now, that`s a very interesting nugget for a defense attorney like me, because it helps me with my argument. "Ladies and gentlemen of the jury, they got nothing. They had nothing, and they still have nothing. And while they tried to cultivate something, they put this guy in jail on a case that they brought."

GRACE: Yes, let`s just cut it, because you know and I know they`re waiting for a DNA response. That`s what they`re waiting on.

MULLIN: Sure. Sure.

GRACE: So I would say, in about 72 hours, they`re going to get a DNA match or no match. But it`s simple Trial 101, something that Kathleen brought up. Sometimes you get a consent search, when people allow you, that feel they`re innocent, to come into their home or look in their car, garage. In this case, a search warrant was obtained. What`s the difference, Eleanor?

DIXON: Well, the difference with the search warrant is you go to the judge and ask the judge, give him the evidence, and he executes that search warrant. With consent, it`s the defendant that allows you to do that.

(NEWSBREAK)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: In the wee hours of Saturday, October 7th, 21- year-old University of Vermont student Michelle Gardner-Quinn is out celebrating a friend`s birthday in downtown Burlington. At about 2:15 a.m., she then leaves J.P.`s Pub in an attempt to find another group of friends.

Her cell phone dies, and she borrows the phone of a random guy, now identified as suspect Brian Rooney. Unable to reach the friends, she decides to head back to her dorm. Michelle and suspect Brian Rooney head east on Main Street, where surveillance cameras at Perrywinkle`s Jewelry Store capture images of the two walking together. Then, Michelle Gardner- Quinn vanishes.

(END VIDEO CLIP)

GRACE: Tonight, the search for a 21-year-old college coed, Michelle Gardner-Quinn, has come to an end. In a quiet college town, Burlington, Vermont, the body of 21-year-old Michelle has been found in a wooded area. Tonight, the question who and why remains.

Out to the lines, Sharon in Pennsylvania, hi, Sharon.

CALLER: Hi. As a parent of a coed in college, I just want to express my condolences to the family and friends of this poor young lady. And my question is: Do you think the authorities now know if she perished where she was found or if there was -- well, when would they know if the body was moved?

GRACE: Sharon, I know I`m going on gut here, but I would almost guarantee you this is a dumping ground. I do not believe, just based on the circumstances that I`m hearing -- and we still need to find out whether she was clothed and there was a sign of a struggle around her, for instance, if an earring had been ripped out. One time I had a murder case, that was a sign that a struggle had taken place right there where the body was found.

We`re not getting enough facts about what was around her body and the condition of her body, Sharon, for me to give you a completely accurate answer. But in my experience -- Mike Brooks, agree, disagree -- do you think this is where the murder occurred?

BROOKS: It`s going to be hard to tell until they examine a body and get a forensic report, Nancy. It could have happened somewhere else, transported there, most likely in a vehicle, and dumped there. He could have lured her. He could have just taken her out there right after he picked her up. It`s hard to tell.

But, Nancy, I also want to point out, you know, they`re talking about this red Jeep Cherokee. They`re asking for the public`s help to see if anyone saw this, from 2:30 a.m. Saturday until Monday. We`re Friday right now. So apparently they had this guy in pocket and were looking at him since Monday, or else they would have said, "Have you seen it up until now?"

So that says to me the investigators have been looking at this guy since sometime Monday, after they initially interviewed him.

GRACE: And what that also says to me is that she was killed before Monday. She wasn`t held captive somewhere. Explain, Don Clark. If they have narrowed it down to help us find the Jeep between Saturday and Monday, where are they going with that?

CLARK: Well, you know, what I think that happened, Nancy -- I agree with you. I think she was probably killed early on.

Unfortunately, I`ve had a tremendous amount of experience in these type of cases down here in Texas. And I have to tell you, usually the death occurs pretty quickly. And after the death occurs, they want to dump it as quickly as possible.

I don`t have the facts, but my guess would be that this was a dumping ground over there for this person, and everything else had taken place else place. And I just think that, based on the technology that we have today - - and some good things came from 9/11, and one was prevention and some of these cameras placed and so forth that can help us solve these crimes and, hopefully, help us prevent crimes -- that they were able to identify this person and be able to move forward in this case. So I think that`s a good thing, but I think this probably was a dumping ground...

GRACE: I agree.

CLARK: ... because it usually happens before.

GRACE: I agree. Agree, disagree, Steven Rogers?

ROGERS: Oh, I agree. I`ll tell you what: It seems as if she was murdered somewhere else, the body was transported there. And maybe he knew this area. And as one of the guests said earlier -- I believe it was your reporter -- he knew about these rip tides hoping those rip tides would drag the body down and wash it away. SO I agree with you and the other gentlemen here.

GRACE: Out to a very special guest joining us tonight, Kevin Lloyd, a very dear friend of Michelle Gardner-Quinn`s. Kevin, thank you for being with us.

KEVIN LLOYD, FRIEND OF MICHELLE GARDNER-QUINN: Thank you, Nancy.

GRACE: You spoke to us the other night during the search for Michelle. How did you learn this body had been found? And are police 100 percent sure this is Michelle?

LLOYD: Well, I saw on the Internet in the Facebook group -- I mean, I have no way of saying, you know, 100 percent if it`s her or not, but it would make sense.

GRACE: Is it any relief to you as a dear friend of hers that someone is in custody? Or does that even matter at this juncture?

LLOYD: Well, of course, yes, it`s not really going to matter. It`s not going to make anybody feel any better, because Michelle`s still gone, you know. Just because a dear friend or just because someone`s arrested doesn`t bring back your friend, doesn`t matter how much revenge is exacted upon that person. It doesn`t make a difference.

GRACE: Kevin, I understand exactly how you feel.

Out to instructor of psychology Dr. Andrea Macari, Andrea, thank you for being with us. Tonight, even with someone that we believe to be the suspect in this case -- he`s arrested on other charges -- what comfort is that to the family?

ANDREA MACARI, INSTRUCTOR OF PSYCHOLOGY: Well, as you hear, it`s little comfort. I think that what the family and friends have to do is not to ask the "what ifs" but to answer the "what nows." What now can they do to bring honor to their friends? What now can they do to comfort their family? What now can they do to grieve?

GRACE: You know, Andrea, I`m so glad you`re with us tonight. I remember tromping all over the city of Atlanta at crazy hours of the morning, noon and night, looking for witnesses and so forth on cases. I never thought twice about it. You know, sometimes we feel invincible.

MACARI: Absolutely. And that`s the key with college students. I work with them every single day. They feel invincible, but they have really poor judgment. So what happens is, is they engage in a lot of high- risk behaviors, but they don`t have the knowledge or the experience to navigate their way out of them.

GRACE: You know, Andrea, so many people will hear your voice tonight. And for all of us ladies, young girls, we can`t stop living our life. I couldn`t stop delivering subpoenas. I`ve still got to go into the studio in and out at night. I mean, what can you tell us?

MACARI: You just have to be careful. You have to think twice, and don`t engage in risky behaviors.

GRACE: Oh, like asking somebody to use the cell phone?

MACARI: No, Nancy, that wasn`t a risky behavior. But maybe walking home from a bar at 2:30 in the morning was a risky behavior. She had all the right in the world to do it, but we have to be careful.

GRACE: You know, and that`s just what Ellen in Kentucky was bringing up, and rightly. The world is not the way we wish it to be.

And before we go to break, I want to ask you quickly, Art, what you can tell me about this Rooney guy.

HARRIS: We don`t know much about him, Nancy, except that he was a construction worker and, in the process of the investigation, they obviously uncovered that he`d allegedly done some sexually predatory acts. And it`s a good thing that, if nothing else, he is now off the street.

(COMMERCIAL BREAK)

GRACE: What a week in America`s courtrooms. Take a look at the stories and, more important, the people who touched all of our lives.

(BEGIN VIDEOTAPE)

GRACE: Who left a baby to die? This baby protected by nothing but a plastic trash bag, dumped in a Boston backyard.

UNIDENTIFIED MALE: This woman threw this baby away like the garbage. I think police want to talk to her so they can arrest her and then file charges against her.

GRACE: I hope you`re sitting down. Jennifer Wilbanks, the so-called runaway bride, who pulled the wool over all of our eyes, is now suing her long-suffering former fiance for half a million dollars!

UNIDENTIFIED MALE: She is a self-centered, narcissistic, psychopathic convicted felon.

GRACE: Tonight, in a primetime exclusive, speaking out is the mother of Anna Nicole Smith, famous cover girl, insisting her grandson`s sudden death is no accident. What would say to her tonight if you could speak to her?

VIRGIE ARTHUR, ANNA NICOLE SMITH`S MOTHER: Vickie Lynn, you know I love you. Always have. And be very careful about how you hang around with, because you may be next.

GRACE: Just moments ago, Vermont police announced a person of interest, as the FBI and National Guard join the search for a Vermont coed.

UNIDENTIFIED MALE: What we know from the police today is that the man in those images lent his cell phone to Michelle at her request when she was trying to find her friends.

UNIDENTIFIED MALE: On behalf of our family, we desperately are looking for our daughter and our sister, Michelle.

UNIDENTIFIED MALE: Early this afternoon, police received initial information about a woman`s body being found off Dugway Road in Richmond, and she has tentatively been identified by investigators as Michelle Gardner-Quinn.

(END VIDEOTAPE)

GRACE: Tonight, we stop to remember Army Master Sergeant Robb Needham, 51, Vancouver, Washington, third tour of duty. Needham, known for handing out candy, cookies and toys to Iraqi children, leaves behind a grieving widow, a son, a daughter, two grandchildren, and his 78-year-old mother. She remembers him for a warm smile and a big heart. Robb Needham, can`t you just see him handing out candy to Iraqi children? American hero.

Thank you to our guests and to you for being with us. Nancy Grace signing off for tonight. See you right here tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END