Dugan death penalty debated

A DuPage County judge presiding over the criminal case examining the Feb. 25, 1983 murder of Jeanine Nicarico of Naperville denied defense motions Thursday to declare Illinois' death penalty statute unconstitutional.

Brian J. Dugan, 51, may face the death penalty if convicted of abducting, raping and killing the 10-year-old girl. His defense team argued the death penalty is arbitrary and illegal, among other issues.

DuPage Circuit Judge George Bakalis denied the defense motion. Such defense motions are standard, and trial judges routinely deny them, instead opting for the state's high court to decide the issue since it hears such appeals.

A preliminary Jan. 20 trial date has been set. Dugan is back in court July 10.