Could Dugan back pain delay jury selection?

Lawyers are halfway through picking a jury in Brian Dugan's sentencing hearing, but the convicted killer's ongoing back problem threatens to cause a delay.

On Monday, his lawyers told DuPage Circuit Judge George Bakalis that Dugan is experiencing severe back pain due to a bone spur and is unable to remain seated in court during the lengthy jury selection process.

They said the problem flares up from time to time, and that DuPage County jail medical personnel prescribed a muscle relaxer and over-the-counter pain killer they hope will eliminate the problem. If not, his lawyers said Dugan is more comfortable standing or lying down.

The defense did not ask yet for a continuance, and Bakalis warned he does not want to delay jury selection. Lawyers are back in court Tuesday.

Eight jurors were sworn in last week, clearing the way for the death penalty sentencing hearing to begin Oct 6 as planned. Four more jurors are needed to complete the panel, as well as another four alternates.

Dugan, 53, pleaded guilty two months ago to the abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville on Feb. 25, 1983.

Prosecutors are seeking the death penalty against Dugan, imprisoned for life since 1985 for two other sex slayings committed after Jeanine's murder.

So far, five women and three men are on Dugan's jury. The latest members are a male Naperville computer programmer, female Naperville human resources assistant, a female Lombard administrative assistant, and a young Addison network administrator who described himself as academically smart but lacking much street savvy.

They join a male retired Carol Stream stockbroker, female Woodridge banker, female Darien Walmart supervisor and a female financial clerk whose relatives include a judge and cop.

All eight jurors said they lack strong personal death penalty beliefs and have minimal knowledge about the long Nicarico legal saga, in which two other men spent years on death row before their 1995 exonerations.