Was Brian Dugan trying to save his own skin?

More than two decades ago, Brian J. Dugan offered to confess if his life was spared for the 1983 murder of Naperville schoolgirl Jeanine Nicarico - a crime for which two other men at the time were on death row.

But was Dugan's motivation behind the rejected plea offer to help exonerate the other men or to save his own neck?

A DuPage County judge ruled Thursday prosecutors may argue the latter if the 52-year-old former Aurora man uses his statement as evidence at a sentencing hearing to show he deserves mercy for trying to help the other men.

Rolando Cruz and Alejandro Hernandez eventually were cleared, but not before they spent about 10 years on death row.

Prosecutors indicted Dugan in 2005 citing, in part, improved DNA evidence.

Dugan may face the death penalty if convicted of the 10-year-old girl's abduction, rape and murder. He has been in prison since 1985 serving two life terms for the murders of a 7-year-old Somonauk girl and 27-year-old Geneva nurse Donna Schnorr in Kane County.

Dugan confessed to killing Jeanine while negotiating the life prison terms for the two later slayings. His lead attorney, Steve Greenberg, sought to bar prosecutors from speculating about his motive. His request was denied.

"If there's evidence he came forward after Cruz and Hernandez had been convicted, for the purpose of saving their lives, that would be evidence of good character," Circuit Judge George Bakalis said. "But if there is evidence of other motivation, the state can't be barred from bringing that in."

The lawyers hashed out the defense motion in open court, unlike several earlier hearings in which they huddled at length behind closed doors.

Media law experts say such measures to control pretrial publicity must be done with a narrow focus because of other more accepted alternatives, such as a change of venue, extensive questioning of potential jurors, admonishments to avoid media accounts and sequestering.

They said the judge also must explain his reasoning beforehand. On Thursday, Judge Bakalis said he, perhaps, has been remiss on that point but that he'll continue to do what he feels is appropriate to protect "the integrity" of the proceedings.

Dugan is back in court May 19. His trial is set for Sept. 22.