GUILTY IL - Jeanine Nicarico, 10, abducted & murdered, Naperville, 25 Feb 1983

mysteriew

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More than two decades after Jeanine Nicarico was abducted and slain, a former Aurora man already serving a life sentence for two other killings has been charged with murdering the 10-year-old Naperville girl.

The latest twist in the 22-year legal saga -- which has seen two other men sentenced to death for the killing but later freed -- came Tuesday when a DuPage County grand jury indicted Brian J. Dugan, 49, for Jeanine's murder. Jeanine was abducted on Feb. 25, 1983, and her body was discovered two days later along the Illinois Prairie Path.

Prosecutors have said little about what evidence led to the indictment, but sources have said DNA and other evidence strongly link Dugan to the little girl's rape, if not directly to her murder.

In out-of-court statements, Dugan has admitted murdering Jeanine, but legal observers have said they doubt those admissions can be used in court. His attorneys are expected to argue that much of the evidence previously gathered against him is inadmissible because it was collected after the start of a plea-bargaining process.

Dugan's former attorney, Thomas McCulloch, said he "is pretty confident" Dugan would plead guilty to Jeanine's murder if prosecutors agreed not to seek a death sentence. McCulloch, who has not yet been retained to represent Dugan, said a possible defense strategy would be to have Dugan plead guilty to the murder, hoping that admission then would allow him to avoid the death penalty when he is sentenced.

Among Dugan's crimes are the July 15, 1984, slaying of 27-year-old Donna Schnorr of Geneva and the June 2, 1985, murder of Melissa Ackerman, a 7-year-old girl abducted in Somonauk. Schnorr's brother, Roger, said Tuesday Dugan deserves the death penalty for all the agony he caused not only his victims, but their families and friends as well.

In 1983, the Nicarico family had achieved a suburban dream: a pleasant home on a tree-lined street in an unincorporated area on the edge of southwest suburban Naperville.

Thomas and Patricia Nicarico had moved with their children to the Naperville area about eight years earlier from New York, where Thomas and Patricia had met while Thomas was in the Navy.

The Nicaricos had three children and a small dog. Thomas was an engineer at the Chicago firm of DeLeuw Cather & Co. Patricia was secretary to the elementary school principal of nearby Ellsworth School and taught catechism classes in the family home.

Christine, the oldest, was in high school, Kathy was in junior high and Jeanine, the youngest, was in the fifth grade. The family attended mass at St. Raphael Catholic Church in Naperville.

Jeanine, whom one neighbor described as "all sweetness and bubbles," had struggled the previous year with her classwork at Elmwood School in Naperville, but a teacher who tied Jeanine's love of horses to classroom exercises helped Jeanine improve. She liked riding horses and playing soccer and she took piano lessons.

On Feb. 25, 1983, Jeanine was home alone after coming home early from school the day before with what might have been a touch of the flu. Patricia came home twice to check on Jeanine and to make her lunch. About 1 p.m., Jeanine called her mother at school to say she had heard her grandparents' hometown of Syosset, N.Y., mentioned on TV. Patricia suggested Jeanine write her grandparents and tell them about it.

About 2:40 p.m., one of Jeanine's friends called to see if she was feeling better, but there was no answer. When Kathy came home at about 3:05 p.m., she found the door kicked open. There was no sign of Jeanine. Kathy alerted a neighbor, who called Patricia at school.

When Patricia rushed home, Jeanine still was missing. The television on the lower level was still on, and there was an unfinished note from Jeanine to her grandparents on the table in front of it.

Jeanine's battered body was found two days later along the Illinois Prairie Path on the western edge of DuPage County.
http://www.suntimes.com/output/news/cst-nws-dugan30.html
 
The poor family must be relieved they finally know who did it .I hope he doesnt get a deal .just fry the :furious:
 
Plotting a legal strategy for Brian Dugan is fraught with complications, beginning with the ghastly crime he stands accused of--abducting, raping and bludgeoning to death a charming, 10-year-old girl home ill from school.

Prominent defense attorneys asked by the Tribune to look at the case noted that juries tend to believe DNA evidence, and that evidence linking Dugan to the girl's assault is strong. Also, Dugan once offered to admit the girl's killing if prosecutors would waive the death penalty. And he already is serving two life sentences and 155 years in prison for a pair of similar rape-murders and a series of attacks on women to which he pleaded guilty in 1985.

It also may be important to go to trial for reasons beyond preserving potential issues for an appeal, Donahue said. The tangled and dubious history of the investigations and prosecutions surrounding the crime should be examined in the public forum of a courtroom, he added.
http://www.chicagotribune.com/news/...1,5857698.story?page=2&coll=chi-newslocal-hed
 
Town's innocence lost after murder

As she sips her morning latte, Lauren James studies the newspaper with a puzzled look on her face.

She reads the front-page article about a grand jury indicting Brian Dugan for Jeanine Nicarico's 1983 murder. It's a familiar story, with one perplexing detail.

"It happened 22 years ago?" she asks. "I had no idea."

James, who grew up on the East Coast and moved to Naperville three years ago, had heard about the 10-year-old girl's abduction, rape and murder. People have shared the story with her in such painful tones, she assumed it happened within the past decade.

"The way this town talks about it," she said, "you would think it happened yesterday."

It's eerie.

An entire generation has grown up and started its own families since Jeanine Nicarico was taken from her home and killed on Feb. 25, 1983.

Naperville, then home to roughly 60,000 people, has more than doubled in size to become the state's fourth-largest city. Tens of thousands of people have moved in and out since the crime.

Yet the community has never escaped the murder's specter. Jeanine's brutal death haunts many to this day, reminding them of how easily they were stripped of their innocence.

"The world intruded upon us that day," longtime resident Mary Lou Cowlishaw says. "We had to deal with issues of crime and security we never had before. The world caught up with us."

A bubbly fifth-grader with a gap-toothed smile and pretty twin dimples, Jeanine stayed home from school that fateful day, sick with the flu. Her mother, Pat, went to her job as an elementary school secretary while her youngest daughter recuperated on the couch.

Pat Nicarico came home around noon to fix Jeanine a grilled cheese sandwich and check on her. When she left to go back to work, the 10-year-old was still in her pajamas, a nightgown featuring one of Snow White's dwarfs and the words, "I'm sleepy."

It would be the last time she would see her daughter alive. Sometime later that afternoon, authorities allege, Dugan kicked in the front door and carried Jeanine to an upstairs bedroom.

He wrapped her in a sheet and taped a towel around her eyes. The little girl resisted her attacker, fighting him so hard, authorities say, she dug her fingernails into the wall as he took her from the home.

Her body was found 48 hours later along a portion of the Illinois Prairie Path less than 2 miles from the family's home.

The discovery sent a chill down Naperville's collective spine.

"It was very startling," former Mayor Chet Rybicki said. "It was as shocking as anything could have been at that time."



To understand the town's reaction is to understand Naperville circa 1983. The city's western border extended as far as River Road and the town's now-bustling South Side was a collection of corn fields that provided local teens with jobs detassling corn in the summer.

The city's crown jewel, its Riverwalk, had not yet been built. And rush hour traffic could move swiftly down Route 59, then lined with just the Fox Valley Shopping center and one strip mall. "It was the kind of place where you felt perfectly confident leaving your 10-year-old at home alone," Cowlishaw says. "We thought Naperville was the safest place on earth."


More: http://news.yahoo.com/s/cdh/20051205/lo_cdh/townsinnocencelostaftermurder
 
A judge entered a not guilty plea Wednesday on the behalf of a man accused of killing 10-year-old Jeanine Nicarico in the case that became a national symbol of flaws in the death penalty.

Brian Dugan, 49, was indicted by a DuPage County grand jury in November for kidnapping Nicarico from her Naperville home during a 1983 burglary, sexually assaulting her and bludgeoning her to death.

DuPage County Circuit Judge George Bakalis entered the not guilty plea on Dugan's behalf.

Bakalis was assigned to the case Wednesday after Judge Kathryn Creswell recused herself. She had worked in the DuPage County State's Attorney's office when three men were initially charged in the slaying. Those charges were later dropped.

http://www.suntimes.com/output/news/nicarico18.html
 
Still combative after 20 years in prison, convicted killer Brian Dugan refused Wednesday to enter a plea to charges he murdered 10-year-old Jeanine Nicarico in 1983.

"I understand the charges. I'm not entering a plea,'' the 49-year-old Dugan, sporting a shaved head and goatee, said defiantly during his first court appearance in DuPage County on the new charges.

So DuPage County Judge George Bakalis did it for him, submitting a not guilty plea on behalf of Dugan, who was indicted last fall for the notorious Feb. 25, 1983, beating death of the Naperville Township girl.

'He is ready to go to war'

Dugan's brief appearances in two separate courtrooms signaled the start of a ferocious new phase of a legal battle that already has raged for more than two decades over the kidnap, rape and murder of the fifth-grader.
http://www.suntimes.com/output/news/cst-nws-dugan19.html
 
Still combative after 20 years in prison, convicted killer Brian Dugan refused Wednesday to enter a plea to charges he murdered 10-year-old Jeanine Nicarico in 1983.

"I understand the charges. I'm not entering a plea,'' the 49-year-old Dugan, sporting a shaved head and goatee, said defiantly during his first court appearance in DuPage County on the new charges.

So DuPage County Judge George Bakalis did it for him, submitting a not guilty plea on behalf of Dugan, who was indicted last fall for the notorious Feb. 25, 1983, beating death of the Naperville Township girl.

'He is ready to go to war'

Special prosecutor sought

Girl's parents not in court

Fear of jail snitches spurs plea for move to prison

Not a legal safeguard
http://www.suntimes.com/output/news/cst-nws-dugan19.html
 
blueclouds said:
??? where? I cannot find a trials file or a link.


sorry mysteriew
The "Trials" forum is right above the "Cold Case" forum.
 
It took 22 years for the legal case to start against Brian Dugan for the murder of Jeanine Nicarico of Naperville.

Now, many DuPage County judges and defense lawyers already are wishing it would stop because they don't want to handle it, some courtroom observers say.

On Wednesday, Dugan was arraigned at the DuPage courthouse, officially beginning legal proceedings that not only are politically charged but also could stretch on for many years.

On Wednesday, DuPage Circuit Court Judge George Bakalis assigned a temporary public defender to Dugan. But DuPage County Public Defender Robert Miller is concerned the 200,000 pages of documents on file could overwhelm his office. "It would take 15 years just to read,'' Miller said.

DuPage County State's Attorney Joseph Birkett, for his part, says the case isn't that complicated and rests largely on DNA evidence that links Dugan to Jeanine's 1983 death.

"It's really a DNA case,'' he said.

DuPage Judge Kathryn Creswell recused herself from the case Wednesday, and other judges may follow because the county's former chief judge, Robert Kilander, prosecuted the case before going to the bench.

The Dugan case also may prove unpopular among lawyers because his record includes vicious crimes against girls and women, one lawyer said.

"It is going to take a special type of person to be willing to have Brian Dugan as a client, given what the allegations are," he said.
http://www.suntimes.com/output/news/cst-nws-dugan22.html
 
http://www.dailyherald.com/story/?id=161845

For his own protection, Brian J. Dugan remained Thursday in segregation in the DuPage County jail after another inmate attacked the convicted murderer.

Dugan was not seriously injured in this week's scuffle, but his lawyers confirmed the 51-year-old former Aurora man suffered cuts and bruises.

Details were sketchy, but members of his legal team said another inmate who recently moved into Dugan's pod in the jail repeatedly punched him Monday after the two exchanged words.
 
http://www.dailyherald.com/story/?id=161845

For his own protection, Brian J. Dugan remained Thursday in segregation in the DuPage County jail after another inmate attacked the convicted murderer.

Dugan was not seriously injured in this week's scuffle, but his lawyers confirmed the 51-year-old former Aurora man suffered cuts and bruises.

Details were sketchy, but members of his legal team said another inmate who recently moved into Dugan's pod in the jail repeatedly punched him Monday after the two exchanged words.


It's a crying shame that they didn't kill him.

Imagining that poor child digging her fingernails into the walls so hard it left marks brought me to tears.

He should go down, Dahmer style.
 
Justice?
Using this little girl as a bargaining chip to save his *advertiser censored* from the needle while he's already down for two other murders?
Whats going to change in his institutionalized,happy little world?
So he got in a scuffle with another inmate over an exchange of words?
Well Im glad a man who will rape and brutalise a 10 year old girl is walking tall in protective custody.
Not taking any crap from nobody!
Justice? What a joke.
 
When you read about criminals like Brian J. Dugan, who is linked to three brutal murders, you have to ask the questions: "How many others did he attack or kill?"
 
Interesting article in Friday's Daily Herald.

Did one Chicago-area killer create another?
Brian Dugan claims he was molested by Gacy as a teen.
Years before his own killing spree began, Brian Dugan survived a chance encounter with another notorious murderer -- John Wayne Gacy.

Dugan was a young teen when he said the stranger molested him after he accepted a ride while walking to a grocery store in Lisle.
That's the story he's told, as early as two decades ago, to at least three people. He's hazy on a few key details, though, and some authorities are skeptical about it.
But his defense team is investigating the alleged 1972 attack to possibly spare Dugan the death penalty if he's convicted of the 1983 abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville. The 51-year-old Dugan is serving life terms for two sex slayings in the mid-1980s.


much more at link.

http://www.dailyherald.com/story/?id=203555
 
No, I don't buy it Golf Mom. Even if it were true, what would it have to do with anything? Most people who are raped don't go out and commit the crimes Dugan has. It's just more of his defiance and delay tactics.
 

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