Dugan's mental exam must be videotaped

Prosecutors won an early legal battle Wednesday when a judge ruled the mental-health exam of Brian Dugan must be videotaped in the high-profile case surrounding a Naperville girl's 1983 sex slaying.

In a precedent-setting decision, DuPage Circuit Judge George Bakalis ordered the defendant's jailhouse interview with Dr. James Cavanaugh be recorded. If the defense plans to call the forensic psychiatrist as an expert at the trial, the judge ordered that the tape be shared beforehand with the prosecution for cross-examination purposes.

"The trend is toward recording because it not only protects the integrity of the truth-seeking process, it also protects the expert from being accused of any bias," DuPage State's Attorney Joseph Birkett said.

Dugan, 51, formerly of Aurora, may face the death penalty if convicted of the abduction, rape and murder of 10-year-old Jeanine Nicarico on Feb. 25, 1983. His trial is set to begin Jan. 20.

Prosecutors argue they have DNA evidence - semen and a hair - linking Dugan to the crime.

Dugan has been serving life prison sentences since 1985 for two later sex slayings, one of which involved a child. Decades ago, he offered to also plead guilty to killing the Naperville 10-year-old if his life were spared. Citing his horrific past, it's a deal prosecutors refuse to make.

The five-member defense team, led by Steven Greenberg, hired Cavanaugh as a possible mitigation expert for the sentencing phase should Dugan be convicted. His lawyers plan to meet with Cavanaugh today to strategize.

The taping of the mental-health interview may prove crucial for prosecutors since Dugan likely will delve into issues of his violent past and whether he feels any remorse for his conduct.

Greenberg vigorously opposed the videotaping request. He argued it is far too prejudicial if a potential jury is allowed to view the taped interview - which the judge said is unlikely.

"It opens up a huge can of worms," Greenberg argued. "They're, in effect, making the defendant a witness against himself."

Greenberg said he anticipates other experts will interview Dugan in preparation for trial. Birkett plans to ask that all such interviews be taped. The judge, though, said his ruling applies only to Cavanaugh.

The case is back in court Monday, Sept. 22. Dugan remains in the DuPage County jail without bond.