Posted: Friday, 28 March 2008 6:24AM Brian Dugan Attacked in Prison Beacon News Reporting WHEATON -- For his own protection, Brian J. Dugan remains in segregation in the DuPage County jail after another inmate attacked the convicted murderer. Dugan was not seriously injured in this week’s scuffle, but his lawyers confirmed the 51-year-old former Aurora man suffered cuts and bruises. Details are sketchy, but members of his legal team said another inmate who recently moved into Dugan’s pod in the jail repeatedly punched him after the two exchanged words. Sheriff’s officials have not released any details about the fight, but his attorneys said there’s no indication Dugan was at fault. He is housed in an area of the roughly 820-bed Wheaton facility designated for older inmates. Dugan was transferred in Jan. 24, 2007, to await trial for the 1983 abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville. “He’s a well-known inmate,” his attorney Steven Greenberg said. “People come into the jail and they try to make a name for themselves. (Dugan) has gone 20 years in prison without causing trouble and he certainly wouldn’t be any trouble now.” It isn’t the first time the long-imprisoned killer has been attacked while in custody. Another inmate stabbed Dugan nine times July 30, 1987, at Pontiac Correctional Center. Dugan suffered a collapsed lung, but survived. His attacker later told a judge he stabbed Dugan after hearing him brag about raping and killing a 7-year-old girl. Dugan has denied making such boastful statements. He is due in court again April 10 for the Nicarico murder. Earlier this month, DuPage Circuit Judge George Bakalis set a preliminary Jan. 20 trial date for the death-penalty case. Dugan has been in prison serving life terms since 1985 after pleading guilty to two other sex slayings. He killed Melissa Ackerman, 7, in June 1985 in Somonauk, IL., and Geneva nurse Donna Schnorr in July 1984. Dugan claimed sole responsibility for Jeanine Nicarico’s murder during 1985 protected plea talks for the other two slayings, but prosecutors didn't pursue it because he said he'd only confess if his life was spared - a deal they still refuse to make. Meanwhile, three other men were charged and later cleared, but not before two spent a decade on death row. Seven DuPage County officials were acquitted of railroading one of the men. The county settled their lawsuits alleging malicious prosecution for $3.5 million. Then, more than two years ago, on Nov. 29, 2005, prosecutors indicted Dugan for Jeanine's murder, citing, in part, improved DNA evidence -- semen and hair -- they said implicates him. http://www.wbbm780.com/Brian-Dugan-Attacked-in-Prison/1904768

Prosecutors Respond to Brian Dugan's Objections Courier News Reporting WHEATON--DuPage County State’s Attorney Joe Birkett has filed his response to Brian Dugan’s defense team’s objections to the death penalty. Both sides will argue their case June 5 before DuPage County Circuit County Judge George Bakalis. Dugan, 51, is awaiting trail for the 1983 kidnapping, rape and murder of 10-year-old Jeanine Nicarico from her Naperville home. If convicted, Birkett said he intends to seek the death sentence for twice convicted killer. Prosecutors say Dugan admit his guilt in the Nicarico case during protected plea negotiations for the 1985 murder of 7-year-old Melissa Ackerman of Somonauk – a case similar to that of Nicarico – and the 1984 abduction, rape and murder of Geneva nurse Donna Schnorr, 27. During Dugan’s last court appearance, defense attorneys filed five motions objecting to the death penalty. A sixth motion challenging the new Illinois death penalty statute was filed last month, calling it “illogical and absurd” that a trial judge can arbitrarily decertify a capital case post-conviction if the sole evidence against a defendant was uncorroborated testimony from a single witness. During Dugan’s brief court appearance Thursday, Allan Sincox, with the state appellate defender’s office, also filed a motion seeking additional DNA discovery from the state. Jury selection for Dugan's trial is set to begin in January. http://www.wbbm780.com/pages/2111924.php

Brian Dugan may plead guilty to '83 murder of Jeanine Nicarico Convicted killer might let jury decide only if he should get death penalty By Art Barnum | Tribune reporter December 9, 2008 Brian Dugan is considering pleading guilty to the 1983 murder of 10-year-old Jeanine Nicarico of Naperville and letting a DuPage County jury decide only if he should get the death penalty. Steven Greenberg, one of Dugan's attorneys, said in court Monday that the court could bypass the guilt or innocence phase of a trial this way, choosing a jury that would move directly to deciding punishment. His statement came in response to a question by DuPage Judge George Bakalis during more discussions leading up to the start of the trial, which was scheduled for Jan. 20 but will be delayed until at least March and possibly as late as September. Neither Greenberg nor DuPage County State's Atty. Joseph Birkett would comment further on the issue because Bakalis has asked both sides not to talk about the case outside the courtroom. However, the defense apparently feels it has a better chance of getting a life sentence if the jury doesn't hear testimony to determine guilt. Dugan has offered to plead guilty in an agreement that would automatically give him a life sentence, but Birkett has refused that offer. Birkett filed a motion Monday trying to curtail any arguments that Dugan deserves credit, not death, for making statements that helped get two people originally charged with the crime, Rolando Cruz and Alejandro Hernandez, off Death Row. "It is impossible to tell Dugan's story with talking about the others involved," Greenberg said. "He came forward, he cooperated. He didn't have to. I don't know if these people would have been executed without him." Birkett argued Monday that the Cruz and Hernandez case "had nothing to do with Dugan. That is just an opinion that shouldn't be heard." He agreed that any jury should be allowed to hear the history of the case, including the Cruz and Hernandez elements, but said Dugan should not be allowed to take credit for helping them avoiding death. Bakalis didn't make any ruling on Birkett's motion but indicated it would be the subject of a later hearing. If Dugan decides to plead guilty to killing Nicarico, a sentencing jury would still hear about the two murders he committed for which he is serving two consecutive life sentences, those of a 7-year-old Somonauk girl and a 27-year-old Kane County nurse. abarnum@tribuune.com http://www.chicagotribune.com/news/local/chi-brian-dugan-09-dec09,0,2922731.story?track=rss