Dugan's murder trial pushed back
Brian Dugan's trial for the murder of a 10-year-old Naperville girl 25 years ago won't start as scheduled next month.
Instead of beginning Dugan's trial on Jan. 20 for the 1983 abduction, sexual assault and murder of Jeanine Nicarico, lawyers for both sides will meet that day to decide a new trial date. DuPage County Circuit Judge George Bakalis agreed Monday to push back the trial date.
Dugan's lawyers said they needed more time to prepare, but DuPage County State's Attorney Joseph Birkett said he believes the trial could start as early as March.
Dugan is accused of snatching the young girl from her Naperville home in February 1983. He may face the death penalty if convicted. He has offered to plead guilty to the girl's death if the death penalty is removed, but Birkett has refused. Jeanine's parents also support the death penalty.
Three other men were charged in Jeanine's death and two of them spent a decade on death row before being cleared of her murder. Dugan's attorneys argued Monday that his coming forward with information that helped exonerate the other men should be allowed as mitigation during possible sentencing. Birkett argued that Dugan shouldn't be allowed to take credit without testifying.
"The only way to allow this is if Dugan takes the stand and it comes out of his mouth," Birkett said.
One of Dugan's lawyers, Steven Greenberg, said his client's statements led to two men being freed from death row, and that should play a part in his potential sentencing.
"This man came forward and said, 'You've got the wrong guys,'" Greenberg said. "That's the greatest piece of mitigation ever."
Bakalis deferred a decision on the matter and suggested a special hearing be held later to decide what information could be used. He also ordered Birkett's office to not contact any more defense witnesses in the future after Dugan's lawyers complained that Birkett personally reached out to a forensic psychiatrist hired by Dugan's team to ask about his readiness.
Birkett said he made the call only after receiving conflicting information about the defense team's readiness for trial.
Dugan's lawyers said they had reservations about using the expert witness now.
"I don't think it's a good idea to contact any defense witness," Bakalis told Birkett. "It doesn't give correct appearances. If you feel something needs to be clarified, come to me."
Dugan will be back in court Dec. 16 for a short status hearing. He has been behind bars for 23 years, serving two life terms for the sex slayings of 7-year-old Melissa Ackerman in Somonauk and Geneva nurse Donna Schnorr.