Will convicted killer's violent past affect Jeanine Nicarico case?

Nine years before Jeanine Nicarico's murder, another 10-year-old girl walking alone in a neighboring town nearly suffered a similar fate.

The girl, Barbara, escaped after a scruffy-haired stranger who asked for directions to the Lisle train station tried to abduct her.

Barbara lived after that April 21, 1974, to tell her story; others did not. It was the first time, Brian J. Dugan said, he forced himself on a young female. But it wasn't the last.

Prosecutors hope the convicted killer's violent past will help seal his fate as he faces trial for the Feb. 25, 1983, abduction, rape and murder of Jeanine near Naperville.

Dugan, 51, has been serving life prison terms since 1985 for two later sex slayings, as well as three more attacks in which the young women survived.

Two years ago, DuPage County prosecutors indicted Dugan in Jeanine's murder, citing, in part, improved DNA evidence. They are seeking the death penalty.

State's Attorney Joseph Birkett asked a judge Friday to allow him to use up to eight of Dugan's past sex crimes as evidence in the high-profile murder case. The defense team, though, argues it's too prejudicial.

"The issue is -- did Brian Dugan kill Jeanine Nicarico?" defense attorney Steven Greenberg argued. "If this other stuff comes in, what jury isn't going to say, 'It's over. He's guilty.'"

The law allows prosecutors to use a defendant's past sex offenses, to a limit, during a pending trial to show propensity, motive or a similar pattern of such violence.

Birkett said he also wants to use Dugan's past to debunk the defense should it bring up the failed prosecutions of three other men -- two of whom were on death row before being cleared of killing Jeanine.

"If you look at this defendant's pattern of behavior, the more clear it is that he is a lone sexual predator," Birkett said. "We don't want a jury speculating that other people were involved. (Dugan's) other crimes prove that."

At issue are several crimes against young girls, including Barbara's attempted abduction, and the murder of 7-year-old Melissa Ackerman, of Somonauk, in June 1985.

Circuit Judge George Bakalis suggested Friday he will limit the prosecution's request. He is not allowing the abduction, rape and murder of Geneva nurse Donna Schnorr, 27, in July 1984.

Dugan was never convicted of attacking 10-year-old Barbara, but he admitted it during an Oct. 1, 1986, taped conversation with a prison mental expert.

"I'm not real sure what was on my mind," Dugan said, according to court records. "I think I probably wanted to rape her. Maybe not."

The judge will rule Nov. 15. Greenberg is hopeful.

"It appeared that the judge was receptive to our arguments," he said. "He certainly is concerned that Mr. Dugan receives a fair trial."