DuPage prosecutors try to rein in Brian Dugan defense

In the 26 years since Jeanine Nicarico's murder, two wrongly accused men were sprung from death row, and the law enforcement officials who put them there were cleared of any wrongdoing.

Now, as Brian J. Dugan prepares to finally go on trial for the crime, authorities prosecuting the imprisoned killer want to bar his defense team from muddying the waters with the case's twisted legal past.

In court Thursday, DuPage State's Attorney Joseph Birkett argued the so-called DuPage 7 prosecution, in which seven law enforcement officials were acquitted in 1999 of fabricating evidence, is irrelevant and should be kept out of the present trial.

Defense attorney Steven Greenberg is expected to fight the request.

"If we feel we need to go there, we should be allowed to address it at that time in court," said Greenberg, who argued it may become an issue if, for example, he tries to impeach a witness' testimony. "To say now it isn't relevant, I don't think is proper. It might be. We won't know until we get there."

DuPage Circuit Judge George Bakalis, who is presiding over the case, also questioned its relevance but held off on ruling until Birkett files a written motion.

Bakalis also set a July 28 case management conference with attorneys to ensure they are on track to begin jury selection for the highly anticipated Sept. 22 trial for the 10-year-old Naperville girl's murder.

In recent weeks, lawyers put together a 24-page questionnaire to learn more about jurors': backgrounds and views on the death penalty; views on mental health relating to criminal matters; knowledge of the high-profile case through media coverage.

Dugan, shackled and wearing his usual orange jail garb, did not speak during Thursday's brief hearing. He remains held in jail without bond.

The 52-year-old former Aurora man has been serving life prison terms since 1985 for two later sex slayings, one of which involved a child. Prosecutors cited improved DNA evidence, in part, when announcing the November 2005 indictment for Jeanine's slaying.

Jeanine was raped and fatally beaten Feb. 25, 1983, after being abducted from her home while out sick from school with the flu.

Three other men were charged and eventually cleared, but not before two, including Rolando Cruz, spent years on death row. Seven law enforcement officials later faced a 47-count indictment, charged with railroading Cruz, but they were exonerated during a nine-week trial.

Dugan long ago offered to plead guilty to killing Jeanine, but only if prosecutors took the death penalty off the table - a deal authorities refuse to make.

Birkett argues Dugan is the poster boy for why the death penalty, despite an unofficial moratorium, remains Illinois law.