Judge muzzles Dugan before Nicarico trial
Concerned Brian Dugan is trying to taint his jury pool, a judge set tighter restrictions Tuesday on the convicted killer as his sentencing for a Naperville girl's 1983 murder approaches.
DuPage Circuit Judge George Bakalis limited Dugan's jailhouse communications after his brief telephone conversation with a television producer for Diane Sawyer, just weeks before jury selection is set to begin.
Late last week, Bakalis warned Dugan not to talk publicly about his case. The admonishment came after Bakalis learned Dugan had sent a typed letter - published in the Daily Herald and other media - in which he explained why he pleaded guilty July 28 to killing Jeanine Nicarico, 10, despite the fact he may face execution.
Dugan, 52, formerly of Aurora, told the media in his letter he's wanted to take responsibility for the sex slaying as early as 1985 when he also admitted and received life prison terms for two later murders. In his letter, Dugan also was critical of authorities for prosecuting three other men, all later cleared, but not before two spent nearly a decade on death row.
On Tuesday, Bakalis ordered Dugan to be placed in DuPage County jail segregation and that deputies monitor the inmate's personal mail and belongings - excluding communications with his lawyers. A pool of about 150 potential jurors is set to fill out questionnaires Sept. 18, with selection to get under way Sept. 22. The jury will decide whether Dugan receives the death penalty.
Bakalis also questioned defense attorney Steven Greenberg, who the judge said facilitated Dugan's jailhouse communication with the television producer in a three-way telephone call. The call was recorded. Bakalis earlier imposed a gag order on the prosecution and defense and sealed the entire court case file from public inspection.
Greenberg, who argued Dugan has a right to free speech, said it was a brief call to arrange a possible interview after the sentencing. The lawyer said Dugan has no plans to talk publicly beforehand.