WHEATON--DuPage County State’s Attorney Joe Birkett has filed his response to Brian Dugan’s defense team’s objections to the death penalty.
Both sides will argue their case June 5 before DuPage County Circuit County Judge George Bakalis.
Dugan, 51, is awaiting trail for the 1983 kidnapping, rape and murder of 10-year-old Jeanine Nicarico from her Naperville home. If convicted, Birkett said he intends to seek the death sentence for twice convicted killer.
Prosecutors say Dugan admit his guilt in the Nicarico case during protected plea negotiations for the 1985 murder of 7-year-old Melissa Ackerman of Somonauk – a case similar to that of Nicarico – and the 1984 abduction, rape and murder of Geneva nurse Donna Schnorr, 27.
During Dugan’s last court appearance, defense attorneys filed five motions objecting to the death penalty.
A sixth motion challenging the new Illinois death penalty statute was filed last month, calling it “illogical and absurd” that a trial judge can arbitrarily decertify a capital case post-conviction if the sole evidence against a defendant was uncorroborated testimony from a single witness.
During Dugan’s brief court appearance Thursday, Allan Sincox, with the state appellate defender’s office, also filed a motion seeking additional DNA discovery from the state.
Jury selection for Dugan's trial is set to begin in January.
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