Dugan jury hears about 1977 rape of Elmhurst teacher

Before her death nearly three years ago of cancer, an Elmhurst first-grader teacher told her husband she recognized Brian Dugan as the man who abducted, beat and raped her years earlier.

Her husband, Timothy Newmann, was supposed to testify Tuesday about how his wife identified Dugan as the couple watched television coverage of his 1985 capture for later crimes.

He never made it to the stand, however, after defense attorneys objected. Instead, in an agreed stipulation between both sides, prosecutors told jurors about the conversation.

The jury earlier learned how the woman escaped, naked from the waist down, and fled to a nearby home during the January 1977 attack. Her assailant was not apprehended.

Outside of court, Timothy Newmann told the Daily Herald his wife of 22 years was certain Dugan was her attacker.

"She was staring at the (TV) screen," he said. "I saw in my peripheral vision that she was just frozen. I said, 'That's him, isn't it,' and she said, 'Yes.'"

Dugan may face execution for the Feb. 25, 1983, abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville. He has been in prison serving life sentences since 1985 for two other sex slayings - those of 27-year-old Geneva nurse Donna Schnorr in July 1984; and Melissa "Missy" Ackerman, 7, who was snatched while she and her friend rode their bicycles June 2, 1985, in LaSalle County.

The seven-woman, five-man jury deliberated less than one hour last week before finding Dugan, 53, eligible under the law for a possible death sentence. Members, who elected a Purple Heart recipient from Naperville as their foreman, will decide whether to impose it after hearing several more weeks of graphic testimony.

Timothy Newmann said his wife, a 35-year Elmhurst Unit District 205 first-grade teacher, did not let the violent encounter with Dugan dominate her life. After recognizing Dugan in 1985, she did not contact police because he already was serving two-life terms and the statute of limitations for rape had long ago expired. She died Dec. 4, 2006, at age 55. The couple lived in Bensenville.

"Let me tell you something about my wife," Newmann said, outside of court. "She was a very, very special lady. She loved children and children loved her. Every day with her was such a joy. It doesn't surprise me she would spring back from this terrible ordeal with this monster."

In earlier testimony, former prison nurse Belinda Wilson accused Dugan of being without remorse for his violent crimes while she treated him for knife wounds after a fellow inmate stabbed him in 1987.

"He would lay back in his cell at night and brag very loudly," she testified.

It takes one juror to spare Dugan's life. His defense team argues Dugan merits consideration for accepting responsibility that he alone killed Jeanine. Dugan pleaded guilty July 28.

He first offered to admit his guilt in 1985, but only if the death penalty was taken off the table. Prosecutors refused. They also didn't believe Dugan, who confused some of the crime's details. By that time, two other condemned men - including Rolando Cruz - were sitting on death row for the crime.

Attorneys for Dugan argue he cooperated long ago to help the wrongly accused men, both exonerated in 1995.

The sentencing hearing is expected to stretch well into November. DuPage Circuit Judge George Bakalis is presiding.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Video</h2> <!-- Start of Brightcove Player --> <div style="display:none"> </div> <!-- By use of this code snippet, I agree to the Brightcove Publisher T and C found at http://corp.brightcove.com/legal/terms_publisher.cfm. --> <script language="JavaScript" type="text/javascript" src="http://admin.brightcove.com/js/BrightcoveExperiences.js"></script> <object id="myExperience43606475001" class="BrightcoveExperience"> <param name="bgcolor" value="#FFFFFF" /> <param name="width" value="300" /> <param name="height" value="255" /> <param name="playerID" value="18011347001" /> <param name="publisherID" value="1659832549"/> <param name="isVid" value="true" /> <param name="@videoPlayer" value="43606475001" /> </object> <!-- End of Brightcove Player --> </ul> <h2>Photo Galleries</h2> <ul class="gallery"> <li><a href="/story/?id=325418">Images of Brian Dugan's victims </a></li> <li><a href="/story/?id=325419">Images of Brian Dugan </a></li> <li><a href="/story/?id=325420">Images of Nicarico's wrongly accused </a></li> <li><a href="/story/?id=325421">Images from Brian Dugan's trial </a></li> </ul> <h2>Related links</h2> <ul class="moreWeb"> <li><a href="/story/?id=308729">Dugan's criminal background</a></li> <li><a href="/story/?id=308727">Timeline of Nicarico murder investigation, trials</a></li> <li><a href="/story/?id=326654">Brian Dugan's victims</a></li> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=326645">Cruz: Dugan confessed to save himself <span class="date">[10/02/09]</span></a></li> <li><a href="/story/?id=325829">Jury picked to decide Dugan's sentencing <span class="date">[10/02/09]</span></a></li> <li><a href="/story/?id=317249">Dugan says he tried to confess in '85 to Nicarico slaying <span class="date">[08/28/09]</span></a></li> <li><a href="/story/?id=310026">The statement Brian Dugan wanted to read in court <span class="date">[07/28/09]</span></a></li> <li><a href="/story/?id=310014">Nicarico neighbor recalls the search for Jeanine, painful aftermath?<span class="date">[07/28/09]</span></a></li> <li><a href="/story/?id=310033">State moratorium on executions - 10 years and counting<span class="date">[07/28/09]</span></a></li> <li><a href="/story/?id=310040">A timeline of the Nicarico-Dugan cases<span class="date">[07/28/09]</span></a></li> <li><a href="/story/?id=308853">After a lifetime of violence, will jury show Dugan mercy?<span class="date">[07/23/09]</span></a></li> <li><a href="/story/?id=308535">Guilty plea expected in Nicarico murder <span class="date">[07/22/09]</span></a></li> <li><a href="/story/?id=203555">Did one Chicago-area killer create another? <span class="date">[06/05/08]</span></a></li> <li><a href="/story/?id=308721">Inside the FBI files of Brian Dugan <span class="date">[01/07/07]</span></a></li> <li><a href="/story/?id=308724">Grand jury indicts Dugan in Nicarico murder <span class="date">[11/30/05]</span></a></li> </ul> </div> </div> </div>