Nicarico jury to hear about defendant's role in '85 murder
Prosecutors may disclose details of Brian Dugan's murder of a LaSalle County girl during his pending trial into the abduction, rape and slaying of 10-year-old Jeanine Nicarico of Naperville.
In a written ruling announced Thursday in court, DuPage Circuit Judge George Bakalis will allow a jury to hear about the June 2, 1985, abduction, rape and murder of 7-year-old Melissa Ackerman of Somonauk, Ill.
Dugan, 51, is serving two life prison terms for killing Melissa and 27-year-old Geneva nurse Donna Schnorr in July 1984, as well as three other sexually motivated attacks in which the young women survived.
Prosecutors sought to introduce eight sex crimes, including the two murders. The defense team argued any mention of Dugan's horrific past is far too prejudicial for him to get a fair trial.
The law allows prosecutors to use a defendant's past sex offenses -- to a point -- during a pending trial to show propensity, motive or a similar pattern of such violence.
Bakalis found Melissa's death is relevant regarding motive. Both Melissa and Jeanine were abducted, similarly assaulted and slain.
The judge, though, barred prosecutors from telling jurors about the other violence.
DuPage State's Attorney Joseph Birkett plans to seek the death penalty if Dugan is convicted of Jeanine's Feb. 25, 1983, killing. The trial date has not been set, but prosecutors are pushing for it to be held by early 2009.
Dugan claimed sole responsibility for the Nicarico murder during the 1985 protected plea talks for the other two sex slayings, but prosecutors didn't pursue it because he'd only confess if his life was spared. They also didn't believe him.
Meanwhile, three other men had been charged. They were cleared, but not before two spent a decade on death row. Seven DuPage County law enforcement officials later were acquitted of railroading one of the men. The county settled malicious prosecution lawsuits for $3.5 million.
Then, two years ago, prosecutors indicted Dugan for Jeanine's murder, citing, in part, improved DNA evidence. He is due in court again Dec. 17. He remains in the DuPage County jail.