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Gaia- 11-29-2005
Brian Dugan Rape/Murder of Jeanine Nicarico('83) 1/09
Details From Inquiry Into Girl's 1983 Slaying To Be Released POSTED: 2:14 pm CST November 29, 2005 UPDATED: 2:30 pm CST November 29, 2005 WHEATON, Ill. -- DuPage County prosecutors on Tuesday plan to announce findings from the grand jury investigating the 1983 slaying of Jeanine Nicarico. The 10-year-old was abducted from her Naperville home, raped and killed. Two young men -- Rolando Cruz and Alejandro Hernandez -- were convicted and condemned to death. But over the next decade, appeals courts twice reversed the convictions. Cruz was acquitted during a third trial in 1995 after spending almost a decade on death row. The case put Illinois' death penalty system into the national spotlight. Prosecutors since then have focused on Brian Dugan, who authorities said confessed to the slaying years ago, but was never charged. DuPage County State's Attorney Joe Birkett said he plans to announce the grand jury's findings at a news conference at 5 p.m. NBC 5

Gaia- 11-29-2005

Convicted murderer indicted for 1983 Nicarico slaying November 29, 2005 (WHEATON, Ill.) - Convicted murderer Brian Dugan was indicted Tuesday for the 1983 abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville. The 15-count indictment against Dugan, 49, is the latest development in a 22-year-old case that put Illinois' capital punishment system under a national spotlight after two men who were convicted of the crime and sent to death row were freed years later. "This is the result of a full and open minded investigation of the facts and circumstances of this case," Birkett said at a press conference to announce the indictment. Nicarico was home alone from school recovering from the flu on Feb. 25, 1983, when she was abducted, leaving no sign but fingernail scratches on the wall near the kicked-in front door. Birkett said Tuesday that Dugan raped and bludgeoned the girl to death. Her body was later found in a nature preserve. Rolando Cruz and Alejandro Hernandez were convicted of the crime and condemned to death in 1985, but appeals courts over the following decade twice reversed the convictions. Cruz was acquitted during a third trial in 1995 after spending almost a decade on death row, and prosecutors later dropped the charges against Hernandez. ABC 7 Chicago

Gaia- 11-29-2005

15-Count Indictment Handed Down POSTED: 3:21 pm CST November 29, 2005 UPDATED: 6:18 pm CST November 29, 2005 WHEATON, Ill. -- Convicted murderer Brian Dugan was indicted Tuesday for the 1983 abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville, the DuPage County state's attorney said. The 15-count indictment against Dugan, 49, is the latest development in a 22-year-old case that put Illinois' capital punishment system under a national spotlight after two men who were convicted of the crime and sent to death row were freed years later. "The past is the past. We're going forward. This indictment is about the evidence available now, today," DuPage County State's Attorney Joseph Birkett said at a press conference to announce the indictment. Nicarico was home alone from school recovering from the flu on Feb. 25, 1983, when she was abducted, leaving no sign but fingernail scratches on the wall near the kicked-in front door. Birkett said Tuesday that Dugan raped and bludgeoned the girl to death. Her body was later found in a nature preserve. Birkett said he would pursue the death penalty against Dugan if he got a conviction in the case. "Jeanine's murder was the result of exceptionally brutal or heinous behavior indicative of wanton cruelty," he said. "This is the punishment that is available for the worst of the worst," Birkett added. "And we're saying that this crime meets that standard. This is a horrible crime, and the punishment that is available for this offense is the death penalty." Thomas McCulloch, Dugan's defense attorney since 1985, said Dugan would "probably enter a plea of not guilty when he's presented to the court." "I'm saddened but not surprised," McCulloch said of the indictment. "I think it's a terrible waste of time and energy. I wish they spent their time and money elsewhere." NBC5's Phil Rogers reported that there is DNA evidence linking Dugan to the crime, but McCulloch said he would fight to exclude that evidence. McCulloch said he has not spoken with Dugan in several months but probably would meet with him in the next day or two to discuss the charges. A message left at the home of Jeanine Nicarico's parents, Tom and Pat Nicarico, was not immediately returned. Rolando Cruz and Alejandro Hernandez were convicted of the crime and condemned to death in 1985, but appeals courts over the following decade twice reversed the convictions. Cruz was acquitted during a third trial in 1995 after spending almost a decade on death row, and prosecutors later dropped the charges against Hernandez. "There is no question that there are strong feelings about the evidence in this case," Birkett said. "The cases against Cruz and Hernandez were based on statements. Explanations and recantations aside, many of those statements are still out there. "The question is whether or not there is objective physical, testimonial or forensic evidence to corroborate those statements. It is my opinion, and my opinion counts, that those remaining statements are not sufficient to support an indictment, and certainly not sufficient to support a conviction." Dugan emerged as the chief suspect only after Cruz's acquittal, even though prosecutors say he confessed to the crime during a 1985 interview with his attorney while serving a life term in Stateville Correctional Center for the unrelated rapes and murders of a 7-year-old girl and a 27-year-old woman. Dugan refused to make a formal confession because prosecutors at the time refused to rule out the death penalty in return for a guilty plea. Seven DuPage County prosecutors and law officers were charged in 1996 with lying and fabricating evidence against Cruz in what prosecutors described as a conspiracy to railroad Cruz for the crime. All seven were cleared in 1999 after a high-profile trial. Over the years, Cruz's case became a cause for death penalty opponents. His release was followed by a string of similar, highly publicized cases -- a dozen men sentenced to death have been freed in Illinois since 1977 after questions about their guilt arose. That led former Gov. George Ryan in 2000 to halt executions in Illinois and to propose an overhaul of the death penalty system. Gov. Rod Blagojevich has continued the moratorium on executions. The same jury that originally convicted Cruz and Hernandez in 1985 failed to reach a verdict against a third man charged in the crime, Stephen Buckley. Charges against him were dropped in 1987. Cruz, Hernandez and Buckley later sued DuPage County, saying they were wrongfully prosecuted. They settled the lawsuits for $3.5 million in September 2000. NBC 5

Gaia- 02-03-2006

Judge Enters Plea In Nicarico Murder Lawyer: Accused Man In 'Upbeat' Mood POSTED: 8:52 am CST January 18, 2006 UPDATED: 6:56 pm CST January 18, 2006 WHEATON, Ill. -- A judge entered a not guilty plea Wednesday on the behalf of a man accused of killing 10-year-old Jeanine Nicarico in the case that became a national symbol of flaws in the death penalty. Brian Dugan, 49, was indicted by a DuPage County grand jury in November for kidnapping Nicarico from her Naperville home during a 1983 burglary, sexually assaulting her and bludgeoning her to death. DuPage County Circuit Judge George Bakalis entered the not guilty plea on Dugan's behalf. Bakalis was assigned to the case Wednesday after Judge Kathryn Creswell recused herself. She had worked in the DuPage County State's Attorney's office when three men were initially charged in the slaying. Those charges were later dropped. Dugan's longtime defense attorney, Thomas McCulloch, stepped aside from the case Wednesday, saying he is a witness in the trial and that the high-profile case is too much for one person. Public defender Bob Miller was assigned to represent Dugan. McCulloch said the accused man is in an "upbeat" mood. "He's not depressed, he's not psychotic. He's on task," Dugan's lawyer said. http://www.nbc5.com/news/6210524/detail.html

Gaia- 02-03-2006

Not guilty plea entered in Jeanine Nicarico case January 18, 2006 (WHEATON, Ill.) - After numerous twists in turns in a murder case spanning more than two decades, the DuPage County state's attorney believes this time they've got the right man. On Wednesday Brian Dugan was arraigned on a 15-count indictment in the Jeanine Nicarico murder case. However, getting to trial could prove to be another excruciatingly long process. After the first judge in this case recused herself, Brian Dugan appeared before Judge George Bakalis. He refused to enter a plea so the judge entered not guilty on Dugan's behalf. State's Attorney Joe Birkett said his office would seek the maximum punishment. "We filed our notice of intent to seek capital punishment in this case," said Joe Birkett, DuPage Co. State's Atty. Jeanine Nicarico was raped and murdered in 1983. Three other men were prosecuted for the crime but were later cleared. Now, armed with DNA evidence, prosecutors are ready to proceed against Dugan, who is already serving two life terms plus 265 years in other murders. Dugan's attorney Tom McCullouch is stepping down from the case because he may be a witness. A swamped public defender's office has been asked to handle the voluminous case for now. More than 20 years of documents, evidence, and motions will be pored over by someone new. "I know the difficulty of volume cases- and this is the volume case of all time," said McCullouch. "Why do you need to bring up the case in dark and horrible detail again and again?" said Northwestern University law professor Jeff Urdangen. Urdangen once defended one of the men prosecuted in this case. Aside from the wasted resources, he believes Dugan's request for a special prosecutor is legitimate given the history of the case. "Given the current elected state's attorney was involved himself in this case when Brian Dugan was set to be a liar and not being truthful about his involvement. And for many other reasons, justice would be served by a special prosecutor being appointed," said Urdangen. McCullouch believes Dugan would plead guilty in this case if Birkett would take the death penalty off the table. Short of that, Dugan will want the right to every hearing and every motion, McCullouch said, which will be time-consuming. Jeanine Nicarico's mother, Patricia, who spoke with ABC7 by phone, said the family did not want to comment on the case. Dugan will be back in court February 7th and trying to find a legal team to take this case. http://abclocal.go.com/wls/story?section=local&id=3822836

Gaia- 02-26-2006

Slaying Haunts Ill. Suburb 23 Years Later Sunday, February 26, 2006 In the 23 years since 10-year-old Jeanine Nicarico was raped and beaten to death, her friends and family have sat through trial after trial, seen men sentenced to die, then seen them exonerated and released. Late last year, prosecutors charged yet another man. But for those who lived in this Chicago suburb in February 1983, the story even now is not about the suspect, not about the endless investigations, not about the death penalty. Even after all these years, it is still the story of fifth-grader Jeanine home from school with the flu in her pink "I'm Sleepy" nightshirt, telling the stranger at the front door that he couldn't come in, just as her mother had told her to say. It is a splintered door frame, the fingernail marks made on a wall by a desperate child, and a body found a few miles away in a nature preserve. It is their own childhoods and lives irrevocably altered. Like the little next door neighbor who now _ 23 years later _ hates being alone and fears her own children might be snatched. Or the friend who didn't cry at death again until her mother passed away two decades later. Or Jeanine's childhood sweetheart, who today laments his inability to comfort those closest to him when they need him most. "With Jeanine's death, very clearly something died in me that day," said Mark Givens, who days before had gone to the girl's house with his mom to deliver a box of chocolates and a Valentine's Day card. "A lot was ripped away and forever taken," he said. "There are very little illusions that an 11-year-old can hold onto after an event like that, knowing one of your friends was raped, was beaten to death." What happened here happens whenever a close-knit community is hit with something as incomprehensible as a child's murder. Assumptions about human nature and personal safety were shattered. In Jeanine's life people saw their own lives, and in her death they saw a child and parents who did nothing wrong _ what they would have done themselves. But the pain might be different here because the story is different. Unlike so many other cases that made headlines but faded from memory after suspects were convicted, this one keeps finding its way onto the front page. Two men were convicted and sentenced to death in 1985, but appeals courts over the following decade twice reversed the convictions. Both men eventually were exonerated, and charges were dropped against a third. Amid allegations of concealed and fabricated evidence and self-serving jailhouse snitches, the case became a national symbol of death penalty flaws and was one of the key cases that prompted former Gov. George Ryan's decision to clear out the state's death row three years ago. In November, years after he emerged as a suspect in Jeanine's death and a full decade after an expert concluded DNA evidence linked him to the crime, convicted killer Brian Dugan was indicted by a DuPage County grand jury. "You just feel like it's never going to end," said Michele Michael, a classmate who now owns a pub in Naperville where news stories, chance meetings with classmates or members of the Nicarico family, or events in Jeanine's honor are regular reminders of the slaying. Melissa Starr moved out of state shortly after her friend was killed, but the story continues to find her. "I was driving to work one day listening to NPR and Scott Turow was on (talking about the case) and you kind of have to pull over to the side of the road and say, 'Oh my gosh,'" said Starr, 33, who lives in suburban Kansas City. "You think it's going to get easier and it never really does." There are reminders in their own lives as well. "One of the things that I have come to realize _ it was a very, very long time after Jeanine's death before I ever cried about somebody dying," Starr said. "I do not remember another death affecting me in a deep way until my mom died three years ago." From Givens, a vice president of a high-tech firm in Massachusetts, there is this: "When my wife needs a tender moment I can get very cold very quickly, and when every logical part of my body says reach out, touch her, hold her, do the natural things that a person would do, I have a tremendous struggle with that. I trace that to Jeanine." Jeanine's friend and neighbor Sonya Shuey filled her childhood with sleepovers, her teen years with sports simply to avoid being alone. Today a 33-year-old nurse, Shuey lives in Bloomington with her husband and three small children _ and still hates the idea of being by herself. Becoming a parent has made her fears even more pronounced. "She said, 'Mom, it's worse. Now I'm petrified (of) someone coming into the house and taking one of the kids,'" said Shuey's mother, Shirley Steck. Starr, too, fears for the lives of her two small children. The scenes she plays in her head of what her friend must have gone through are more haunting than ever. "Like the scratch fingernail trail out the door, that fact hits me so much harder now than it did 23 years ago because I think of my own daughter when I think of that image," she said. That helps explain why she is obsessed with car seat safety for her own children and volunteers her time to instruct other parents how to properly secure their children in their vehicles. "I'm going to protect my children in ways that I can ... and try not to obsess and make myself crazy about the things that I can't," Starr said. Now Dugan has been charged and prosecutors vow to seek the death penalty for the man they say confessed to the crime two decades ago, but wouldn't make the confession formal unless they ruled out execution. Those who knew Jeanine say they hope the case will shed light on the afternoon of Feb. 25, 1983, when she was kidnapped from her home. But they're also bracing for what they are about to go through yet again, something Jeanine's father, Thomas Nicarico, has over the years compared to having a scab torn open. Jeanine's mother, Patricia Nicarico doesn't want to say too much, fearing her words could somehow harm the case. But she hopes: "Maybe we can get some of the truth, maybe. And maybe get some justice for Jeanine." http://www.baynews9.com/content/36/2006/2/26/145923.html

Gaia- 02-26-2006

Fear of jail snitches spurs plea for move to prison Chicago Sun-Times, Jan 19, 2006 For Brian Dugan, charged with the 1983 murder of Jeanine Nicarico of Naperville, the Pontiac Correctional Center might be a safer legal environment than the DuPage County Jail, his longtime lawyer said Wednesday. Thomas McCulloch, who has represented Dugan for two decades but is not representing him now on the Nicarico charges, said Dugan could be vulnerable in the DuPage lockup to jailhouse snitches coming forward with incriminating statements they claim he made. That's why Dugan asked Wednesday that he be returned to the Pontiac prison rather than stay in DuPage, which would be the usual procedure -- a request authorities granted, McCulloch said. "DuPage County has a history of inmates showing up as witnesses," McCulloch said. Initially, three other men -- Rolando Cruz, Alejandro Hernandez and Stephen Buckley -- were charged with the Nicarico crime, and jailhouse testimony was used against them. All three men have since been freed. Dugan, already in jail on two other murders, was charged in November with killing Jeanine. NOT A LEGAL SAFEGUARD Among past jailhouse informants in the case were: uEric Hook: As Buckley faced a retrial in 1985, Hook said he heard Buckley admit he was guilty. After Hook was freed from jail, he fled and was not available for the retrial. uStephen Ford: Cruz's onetime cellmate testified against him at Cruz's first two trials but couldn't be found for the third and final trial. uStephen Pecoraro: Pecoraro testified about incriminating statements he said Cruz made. He later recanted much of his testimony. uStephen Schmitt: Schmitt made a statement implicating Cruz but later recanted it. uSteven Weimann: Weimann implicated Hernandez but was dropped as a witness after defense lawyers complained that key information about him was withheld. Staying at Pontiac is not a guaranteed legal safeguard for Dugan. Perhaps the most devastating jailhouse testimony against Cruz came from Robert Turner, who was in a state prison the same time as Cruz. tfrisbie@suntimes.com http://www.findarticles.com/p/articles/mi_qn4155/is_20060119/ai_n16027556

Gaia- 02-26-2006

DuPage judges, lawyers may shun Dugan case Chicago Sun-Times, Jan 22, 2006 It took 22 years for the legal case to start against Brian Dugan for the murder of Jeanine Nicarico of Naperville. Now, many DuPage County judges and defense lawyers already are wishing it would stop because they don't want to handle it, some courtroom observers say. On Wednesday, Dugan was arraigned at the DuPage courthouse, officially beginning legal proceedings that not only are politically charged but also could stretch on for many years. "I can't imagine how many hundreds of thousands of pages some lawyer or lawyers will have to read," said John Hanlon, an appellate public defender who represented Rolando Cruz, one of three men originally charged in the case and since freed. Hanlon said it took six months for him and a second lawyer, while also working on other cases, to read and take notes on the transcripts of just the first of what became six trials related to the case. On Wednesday, DuPage Circuit Court Judge George Bakalis assigned a temporary public defender to Dugan. But DuPage County Public Defender Robert Miller is concerned the 200,000 pages of documents on file could overwhelm his office. "It would take 15 years just to read," Miller said. That's if there were an assistant public defender available exclusively for the case. While Miller has 14 felony assistants, most aren't certified to be lead counsel in death penalty cases. All of his assistants already carry heavy caseloads and would have difficulty accommodating a case as convoluted as Dugan's, he said. Miller met Thursday with Chief Judge Ann Jorgensen to discuss staffing issues. He said he might need to seek more funding from the DuPage County Board. One solution might be to hire an experienced attorney on a contract basis, Miller said. 'No one's champing at the bit' DuPage County State's Attorney Joseph Birkett, for his part, says the case isn't that complicated and rests largely on DNA evidence that links Dugan to Jeanine's 1983 death. "It's really a DNA case," he said. All of the prosecutors' evidence has been transferred to computer discs and audiotapes. That was turned over to Miller after the court hearing -- and it all fit in one medium-size cardboard box. Dugan's longtime lawyer, Thomas McCulloch -- who is not representing him in the Nicarico case -- said he has received inquiries from four private attorneys about Dugan's case, but "no one's champing at the bit." Dugan has attempted to contact additional lawyers on his own. "If I were Dugan, I wouldn't want the DuPage public defender," said former DuPage Public Defender Frank Wesolowski, who represented Cruz at his first trial and in post-conviction proceedings. "In his mind, there might be a conflict. Way back, we definitely made statements that Dugan did it." 'Special type of person' DuPage Judge Kathryn Creswell recused herself from the case Wednesday, and other judges may follow because the county's former chief judge, Robert Kilander, prosecuted the case before going to the bench. The Dugan case also may prove unpopular among lawyers because his record includes vicious crimes against girls and women, one lawyer said. "It is going to take a special type of person to be willing to have Brian Dugan as a client, given what the allegations are," he said. http://www.findarticles.com/p/articles/mi_qn4155/is_20060122/ai_n16016701

Gaia- 02-26-2006

Public defender resigned to taking on Dugan case Chicago Sun-Times, Feb 4, 2006 Brian Dugan appears likely to be represented by a DuPage County public defender -- at least for now -- even though the head of the office is not eager to take on the case. DuPage Public Defender Robert Miller said he expects his office will be appointed to represent the convicted killer in what has become a colossal case with 200,000 pages of documents on file. "I do think so," Miller said Friday, adding that as far as he knows, no other lawyers have met with or contacted Dugan about representing him on charges he murdered Jeanine Nicarico, 10, of Naperville. Miller said he's had one brief conversation with private attorney Steve Greenberg about Greenberg's interest in representing Dugan, who remains in the Pontiac Correctional Center. But Miller said he hasn't spoken to any other lawyers about Dugan or been contacted by anyone who is interested. PRIVATE ATTORNEYS STILL POSSIBLE Miller remains concerned about the burden that would fall on his office if he is assigned by Judge George Bakalis to represent Dugan in lengthy and complicated legal proceedings. Miller previously has said he probably would need to hire at least one full-time lawyer to handle the case -- a move that likely would force him to seek more funding from the DuPage County Board. A county official, however, said it's more likely two new attorneys would have to be added for the case. Miller also has said he might consider contracting with a private attorney or law firm to defend Dugan. On Friday, Miller would say only that he will wait until after a hearing scheduled for Tuesday to decide whether to seek more county funding to hire new attorneys or bring in outside lawyers to represent Dugan. Dugan's previous lawyer, Thomas McCulloch, said Friday Dugan plans to contact Greenberg and three other lawyers who have expressed interest in the case. Other lawyers said there remains a chance that private attorneys could be brought in. "I really think it comes down to how much of a stink Bob Miller wants to make, and if I'm Mr. Miller I'm raising a big stink," said one lawyer familiar with the case. Lawyers said legal proceedings against Dugan could go on for years because of the huge record and the insistence by DuPage County State's Attorney Joseph Birkett that he will not agree to a guilty plea that does not include the death penalty. tfrisbie@suntimes.com drozek@suntimes.com http://www.findarticles.com/p/articles/mi_qn4155/is_20060204/ai_n16053550

Gaia- 02-26-2006

Dugan lawyer: Trial in a decade? Chicago Sun-Times, Feb 8, 2006 Without extra money and manpower, Brian Dugan's court-appointed attorneys said it will be years before they are ready to defend him against charges he murdered Jeanine Nicarico in 1983. "If we don't have additional personnel, it will take a decade to bring it to trial," DuPage County Public Defender Robert Miller said Tuesday after Dugan appeared in court shackled and under heavy guard. Miller, whose office has been appointed to represent the 49-year- old, twice-convicted killer, repeated concerns that he doesn't have the staff to handle such a lengthy and difficult case -- particularly since Dugan faces the death penalty if convicted of killing the 10-year-old Naperville girl. Dugan, for his part, has asked that a new attorney be appointed to represent him, saying he also doesn't think the public defender's office is able to defend him. On Tuesday, he said through Miller that several private lawyers have expressed an interest in representing him, although none appeared in court. Judge George Bakalis hasn't ruled on Dugan's request for a new attorney, but he delayed Dugan's next hearing until April 10 to give Miller time to seek additional funding. 'WE'RE OBLIGATED' That likely will mean approaching the DuPage County Board for more money to hire at least one new lawyer, or contract with outside lawyers to represent Dugan, said Miller, whose office has a $2.2 million annual budget. But Miller noted he is one of only three attorneys in the office certified to lead defenses in death cases. Assigning one of the other qualified lawyers to the case would be risky because of the lengthy amount of time likely to pass before Dugan goes to trial. "I can't appoint someone who might not be here in five years," Miller said. A DuPage County board member said adding more money to Miller's budget to pay for Dugan's defense might be necessary. "We're obligated to support the public defender's office," said board member Robert Heap, who chairs the county's finance committee. "We understand there are big cases that come along." Dugan already is serving two life sentences for two suburban murders and three rapes that occurred before Jeanine was killed. drozek@suntimes.com http://www.findarticles.com/p/articles/mi_qn4155/is_20060208/ai_n16043043

Gaia- 04-11-2006

Private attorneys may aid Dugan case By Art Barnum Tribune staff reporter Published April 11, 2006 A team of public and private attorneys might be formed to defend Brian Dugan, the convicted murderer charged with the 1983 murder of 10-year-old Jeanine Nicarico of Naperville. DuPage County Judge George Bakalis said Monday that hiring a private attorney to help the public defender's office could be the best way to proceed in the possible death-penalty case. The public defender has said it could take a decade to review the 200,000-page file and prepare for trial. Thomas and Patricia Nicarico were in court to see Dugan, 49, for the first time since his indictment last November in connection with their daughter's murder. They left the 20-minute hearing in Wheaton with DuPage County State's Atty. Joseph Birkett, declining to comment to reporters. Public Defender Robert Miller has been appointed Dugan's lead attorney. Dugan told the judge that four private attorneys have expressed an interest in assisting in his defense. Bakalis said he approved of the hybrid idea if the private attorneys could be funded by the Illinois Capital Litigation Trust Fund, financed by the state to assist in death penalty defense cases. Birkett has announced his intention to seek the death penalty if Dugan is convicted. Miller said he likes the idea of getting help from a private attorney, and he would be willing to contact those who have expressed interest if the funding is available. Miller and Public Defender Neil Levine are working on the case already, and Miller said a third public defender will be assigned. The private attorneys under consideration include Herbert Hill of Aurora and Steven Greenberg of Chicago, both veteran defense attorneys. Two others are Richard Craig of Chicago, who says he is familiar with previous filings in the case because he was a law clerk for former Illinois Supreme Court Justice James Heiple; and Michael Haddad of Burr Ridge, who said, "I think I could be helpful," in reviewing the case files. "A team of attorneys is really the only direction that this case could go," Hill said. "I would have no problem working with such a team." Miller said he has begun reviewing court documents but hasn't gotten past the original 1983 DuPage County grand jury transcripts that resulted in the indictment of three other people for the murder. Rolando Cruz was acquitted in his third trial after spending 20 years in prison, much of it on Death Row. Murder charges were dropped against Alejandro Hernandez after two juries convicted him, one of which placed him on Death Row. Charges against a third suspect, Stephen Buckley, were dropped after a hung jury. Bakalis set May 23 for the next status date. Dugan is serving two life sentences at Pontiac Correctional Center for two murders. ---------- abarnum@tribune.com http://www.chicagotribune.com/news/local/chi-0604110213apr11,1,7954864.story?coll=chi-newslocal-hed

Gaia- 05-22-2006

News Dugan may get 2 more lawyers for murder defense May 22, 2006 A DuPage County judge this week may appoint two new attorneys to help defend murder suspect Brian Dugan -- if Dugan agrees to accept the lawyers. Charged with the 1983 murder of 10-year-old Jeanine Nicarico, Dugan is being represented by a team of three attorneys from the DuPage County public defender's office. Those lawyers have asked for more help because the case is so long and complex. At different times, three other men have been tried for the rape and murder of the Naperville Township girl, who vanished from her home Feb. 25, 1983. Two men convicted earlier of the killing, Rolando Cruz and Alejandro Hernandez, spent years in prison before being freed. Six private lawyers tentatively suggested by Dugan have agreed to join the case if asked, said DuPage County Public Defender Robert Miller, who heads Dugan's defense team. Miller plans to meet with Dugan, 50, before his Tuesday court hearing to determine which of the lawyers Dugan wants added to his legal team. "The decision will be Brian Dugan's," Miller said. "He hasn't told me yet who he wants." State may pay But Judge George Bakalis, who is presiding over Dugan's case, still must agree to add attorneys. While Bakalis has expressed a willingness to beef up the defense team, it's not certain how many attorneys Bakalis may agree to add. Legal sources have said they believe Bakalis likely will add two new attorneys in an effort to speed the high-profile case to trial. Dugan, already serving life sentences for two other murders, was charged last November with killing Jeanine during a break-in at the girl's home. She was found dead two days later along a bike trail several miles from her home. Miller wouldn't comment Friday on how many attorneys he believes might be added. One factor, though, would be that private attorneys appointed by Bakalis probably would be paid from the state's Capital Litigation Fund -- an account used to pay for attorneys in cases where the death penalty might be applied. That would spare local taxpayers from carrying the full burden of defense costs for Dugan. 'We think it's a simple case' Chicago attorney Steven Greenberg, one of those interested in representing Dugan, said Friday he doesn't know if he will be added to the defense team. "I don't know what is going on ... I have no idea," Greenberg said. Aurora attorney Herbert Hill said he also doesn't know if he will be appointed. "I have not heard anything from the court yet, so I am still waiting," Hill said. DuPage County State's Attorney Joseph Birkett said he has no objections to adding defense attorneys if it means the murder case -- which has been stalled over questions of who will represent Dugan -- proceeds more rapidly to trial. "We think it's a simple case," Birkett said. "We just want to get going." drozek@suntimes.com tfrisbie@suntimes.com http://www.suntimes.com/output/news/cst-nws-dugan22.html

Gaia- 10-06-2006

Posted on: Thursday, 28 September 2006, 12:00 CDT Judge Asked to Lift Rule to Speed Dugan Trial: Lawyers Want Files to Be Seen in Prison By Art Barnum, Chicago Tribune Sep. 28--In an effort to hasten the trial of Brian Dugan in the 1983 rape and murder of 10-year-old Jeanine Nicarico of Naperville, his attorneys are asking DuPage Judge George Bakalis to skirt Illinois Supreme Court rules and allow the defendant to review evidence against him on his own in prison. Dugan, who is in Pontiac Correction Center serving two life sentences for two previous murders, has already met in prison with his trial team of four criminal defense attorneys. DuPage County Public Defender Robert Miller told Bakalis Wednesday that "we are making progress reviewing the evidence, but it isn't significant." Illinois Supreme Court rules dictate that such evidence can be viewed and studied by a criminal defendant, but that the actual documents must stay with defense attorneys. http://www.redorbit.com/news/science/673672/judge_asked_to_lift_rule_to_speed_dugan_trial_lawyers/index.html?source=r_science

Gaia- 10-06-2006

Posted on: Thursday, 28 September 2006, 12:00 CDT Judge Asked to Lift Rule to Speed Dugan Trial: Lawyers Want Files to Be Seen in Prison By Art Barnum, Chicago Tribune Sep. 28--In an effort to hasten the trial of Brian Dugan in the 1983 rape and murder of 10-year-old Jeanine Nicarico of Naperville, his attorneys are asking DuPage Judge George Bakalis to skirt Illinois Supreme Court rules and allow the defendant to review evidence against him on his own in prison. Dugan, who is in Pontiac Correction Center serving two life sentences for two previous murders, has already met in prison with his trial team of four criminal defense attorneys. DuPage County Public Defender Robert Miller told Bakalis Wednesday that "we are making progress reviewing the evidence, but it isn't significant." Illinois Supreme Court rules dictate that such evidence can be viewed and studied by a criminal defendant, but that the actual documents must stay with defense attorneys. Steven Greenberg, a private attorney serving on Dugan's defense team, said he would submit a written motion asking that Dugan be able to review the evidence, which consists of more than 200,000 pages, in prison without his attorneys. Bakalis previously denied a similar request in June, but on Wednesday set Nov. 29 to hear further legal arguments. Assistant State's Atty. Jeffrey Kendall said his office agreed with Bakalis' June ruling but would review the new motion when it is received. Greenberg said Wednesday that bringing the case to trial could take six years because of the voluminous documents in the case. Dugan has indicated he would plead guilty in the Nicarico case if DuPage County State's Atty. Joseph Birkett wouldn't seek the death penalty. Birkett has declined that offer. The Nicarico case has been controversial for more than 20 years. Three men were arrested for the murder. One of them was acquitted and two others were convicted and sentenced to death before a series of court reversals. The reversals also resulted in the indictment of seven DuPage County law enforcement officials, who were all eventually acquitted of malfeasance. abarnum@tribune.com http://www.redorbit.com/news/science/673672/judge_asked_to_lift_rule_to_speed_dugan_trial_lawyers/index.html?source=r_science

Gaia- 10-07-2007

Nicarico murder trial lawyers fight over convict's statement Tribune staff report October 6, 2007 DuPAGE COUNTY - Defense attorneys for Brian Dugan -- the convicted double murderer facing the death penalty when he goes on trial in the 1983 killing and rape of a 10-year-old Naperville girl -- claim a 1985 confession was made "to prevent society from executing the innocent." When Dugan confessed in 1985 to the two murders for which he is serving life terms, he also said he killed Jeanine Nicarico. Two others had been convicted in that case and were on Death Row. DuPage prosecutors, who want to use Dugan's statement at his pending trial, claim he made it to avoid the death penalty in the two cases for which he had pleaded guilty, and that it can legally be presented to a DuPage jury. But Friday, defense attorneys said the statement was made with immunity. A hearing is set for Nov. 2. http://www.chicagotribune.com/news/local/chi-dugan_06_bothoct06,1,7442553.story?ctrack=1&cset=true

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