Brian Dugan's murder trial to be delayed
The final chapter in one of DuPage County's most haunting crimes won't unfold as soon as planned.
The Jan. 20 trial of imprisoned killer Brian Dugan in the Feb. 25, 1983, murder of a Naperville girl is expected to be delayed several months to give his defense team more time to prepare.
DuPage State's Attorney Joseph Birkett objected Monday to the delay. He argued more than half the prosecution's estimated 50 witnesses already were contacted. Some of them live out of state.
Dugan, 52, formerly of Aurora, may face the death penalty if he is convicted of the abduction, sexual assault and fatal bludgeoning of 10-year-old Jeanine Nicarico. Three years ago, prosecutors indicted Dugan citing improved DNA technology they said links him to the crime.
His lawyers made an oral request for a continuance during a Nov. 3 closed-door meeting. They are expected to make a formal one in writing by Dec. 1.
The issue will be debated Dec. 9, but DuPage Circuit Judge George Bakalis said Monday it's clear the preliminary Jan. 20 trial will have to be delayed. He cited an Illinois Supreme Court death-penalty reform that requires defense attorneys to sign a certificate of readiness before a capital punishment trial may begin.
The five-member defense team still is poring over the voluminous paperwork and preparing its mitigation evidence should Dugan be convicted. A new trial may be set for next spring or summer.
Furthermore, Dugan still may 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.
Dugan has been behind bars for 23 years while serving two life terms for the sex slayings of Melissa Ackerman, 7, in June 1985 in Somonauk and Geneva nurse Donna Schnorr in July 1984.
Dugan long ago offered to admit to killing Jeanine, but only if his life is spared. Prosecutors refuse to make that deal. The slain child's parents, Tom and Pat Nicarico, also 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.