Nicarico murder trial once again facing delays

The start of imprisoned killer Brian Dugan's trial for the 1983 murder of a 10-year-old Naperville girl is under debate.

Dugan had a preliminary trial date set for Jan. 20, but his lawyers indicated Monday in a closed-door meeting that there still is much work to be done.

The 52-year-old former Aurora man's five-member defense team still is poring over the voluminous paperwork generated in the complex death penalty case and preparing its mitigation evidence should he be convicted.

Furthermore, several officials said Dugan still could choose to plead guilty with the hope his decision to spare the victims' families an emotional trial may help sway a judge or jury to spare his life at sentencing,

DuPage Circuit Judge George Bakalis repeatedly warned both sides in the nearly three years the case has existed that he will not allow it to languish. So, if the defense officially pushes for a trial delay, it's unclear if Bakalis will allow it.

Still, several key issues have yet to be settled, such as whether alleged DNA evidence from semen and a hair is admissible and if the defense will seek to have Dugan tried outside of DuPage County due to pretrial media coverage.

Prosecutors said they're ready for trial, but the defense has argued the other side had two decades to prepare and they should be allowed ample time to respond.

Dugan has been behind bars for 23 years while serving two life terms for killing Melissa Ackerman, 7, in June 1985 in Somonauk and Geneva nurse Donna Schnorr in July 1984. Both were abducted, raped and drowned.

Dugan long ago offered to admit to the Feb. 25, 1983, abduction, rape and murder of Jeanine, but only if his life is spared. Prosecutors refuse to make that deal.

Tom and Pat Nicarico and Roger Schnorr, who is Donna's younger brother, were in court Monday. Both families support the death penalty.

Three other men were charged and cleared of killing Jeanine, but not before two spent a decade on death row. Seven law enforcement officials were acquitted of railroading one of the men. The county settled a malicious prosecution suit for $3.5 million.

Dugan is back in court Dec. 9, when Bakalis may rule on whether to grant a new trial date.

Delay: Five-member defense team points to paperwork