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In July 2009, Brian Dugan pleaded guilty to the
murder of Nicarico after previously confessing to the crime. Dugan is
jailed on two unrelated murder charges, one of a 27-year old woman and
one which began with the abduction of two seven-year old girls, one of
whom escaped and the other of whom was raped and murdered by Dugan. On
November 11, 2009, after deliberating about 10 hours over two days, a
DuPage County jury sentenced Brian Dugan to death for the rape and
murder of Jeanine Nicarico 26 years earlier.
During his third trial, a sheriff's lieutenant
reversed his testimony, and Cruz was acquitted in November 1995. A state
investigator was appointed to review the recanted testimony. In December
1995, charges against Hernandez were dismissed by the State's Attorney.
Aftermath
Seven DuPage County law enforcement officials, three
prosecutors and four deputies, were indicted by a grand jury in December
1996 on charges of conspiracy to convict Cruz despite being aware of
exculpatory evidence. After numerous proceedings, in June 1999 all seven
had been acquitted for framing the men.
Cruz, Hernandez and Buckley reached a $3.5 million
civil settlement with DuPage County for their wrongful prosecution on
Sept. 26, 2000.
In 2002, Gov. George Ryan granted Cruz a pardon.
In November 2005, Dugan was indicted for the Nicarico
murder. On July 22, 2009, Dugan plead guilty to the kidnapping, rape,
and murder of Nicarico. On November 11, 2009, Dugan was sentenced to
death.
On December 16, 2009 the judge imposed the death
sentence for Brian Dugan and set the execution date for February 25,
2010
Nov 30, 2005
Convicted murderer Brian Dugan was
indicted Tuesday for the 1983 abduction, rape and murder of 10-year-old
Jeanine Nicarico of Naperville, the DuPage County state's attorney said.
The 15-count indictment against
Dugan, 49, is the latest development in a 22-year-old case that put
Illinois' capital punishment system under a national spotlight after two
men who were convicted of the crime and sent to death row were freed
years later.
"The past is the past. We're going
forward. This indictment is about the evidence available now, today,"
DuPage County State's Attorney Joseph Birkett said at a press conference
to announce the indictment.
CBS 2's Chief Correspondent Jay
Levine talked exclusively with the investigator who says Dugan confessed
to the Nicarico murder two decades ago in chilling detail.
Dugan was a suspect from the
beginning, already serving life sentences for two murders when a state
police investigator first questioned him.
"He was the coldest human being I
ever met. He described three murders without showing a bit of emotion,"
said former state police investigator Ed Cisowski.
Sitting across from Dugan,
listening to the 1985 jailhouse confession, Cisowski was convinced that
Dugan, not Rolando Cruz or Alex Hernandez, murdered Jeanine Nicarico.
"He described Jeanine's hair being
short and it had been cut just recently. He described interior of the
house. He had facts that were not public," Cisowski said.
But there was a catch to that
confession, which Dugan's attorney said could have saved everyone time,
money and anguish.
"The case could be settled on a
question of who did what to whom with a guilty plea and that could be
done relatively cheaply and frankly that could only be done if there
were a sentence for life," said attorney Thomas McCulloch.
The same deal Dugan offered decades
ago, excluding the death penalty, which today Jeanine's mother rejects.
"It's the only sentence that's
appropriate. The only way we'll really know," Patricia Nicarico said.
Birkett said he would pursue the
death penalty against Dugan if he got a conviction in the case.
"Jeanine's murder was the result of
exceptionally brutal or heinous behavior indicative of wanton cruelty,"
he said.
Nicarico was home alone from school
recovering from the flu on Feb. 25, 1983, when she was abducted, leaving
no sign but fingernail scratches on the wall near the kicked-in front
door. Birkett said Tuesday that Dugan raped and bludgeoned the girl to
death. Her body was later found in a nature preserve.
McCulloch, Dugan's defense attorney
since 1985, said Dugan would "probably enter a plea of not guilty when
he's presented to the court."
"I'm saddened but not surprised,"
McCulloch said of the indictment. "I think it's a terrible waste of time
and energy. I wish they spent their time and money elsewhere."
McCulloch said he has not spoken
with Dugan in several months but probably would meet with him in the
next day or two to discuss the charges.
Patricia Nicarico is still not sure
in her own mind that Cruz and Hernandez didn't play a role; though
appeals courts and DNA evidence have cleared them -- the same DNA
evidence, which appears to definitively link Dugan.
Rolando Cruz and Alejandro
Hernandez were convicted of the crime and condemned to death in 1985,
but appeals courts over the following decade twice reversed the
convictions. Cruz was acquitted during a third trial in 1995 after
spending almost a decade on death row, and prosecutors later dropped the
charges against Hernandez.
Dugan emerged as the chief suspect
only after Cruz's acquittal, even though prosecutors said he confessed
to the crime during a 1985 interview with his attorney. He is currently
serving a life term at Pontiac Correctional Center for the unrelated
rapes and murders of a 7-year-old girl and a 27-year-old woman.
Dugan refused to make a formal
confession because prosecutors at the time refused to rule out the death
penalty in return for a guilty plea.
Seven DuPage County prosecutors and
law officers were charged in 1996 with lying and fabricating evidence
against Cruz in what prosecutors described as a conspiracy to railroad
Cruz for the crime. All seven were cleared in 1999 after a high-profile
trial.
Over the years, Cruz's case became
a cause for death penalty opponents. His release was followed by a
string of similar, highly publicized cases -- a dozen men sentenced to
death have been freed in Illinois since 1977 after questions about their
guilt arose.
That led former Gov. George Ryan in
2000 to halt executions in Illinois and to propose an overhaul of the
death penalty system. Gov. Rod Blagojevich has continued the moratorium
on executions.
The same jury that originally
convicted Cruz and Hernandez in 1985 failed to reach a verdict against a
third man charged in the crime, Stephen Buckley. Charges against him
were dropped in 1987.
Cruz, Hernandez and Buckley later
sued DuPage County, saying they were wrongfully prosecuted. They settled
the lawsuits for $3.5 million in September 2000.