Dugan Gets Death, Defense Plans To Fight

By Marcus Gilmer in News on Dec 16, 2009 10:20PM

A judge today sentenced Brian Dugan to death for the 1983 murder of Jeanine Nicarico. All death penalty sentences in Illinois trigger an automatic appeal and Dugan's lawyer intends to fight this one. At issue is an original verdict reached by the jury in which two jurors were against issuing the death penalty. As the Tribune explains:

But before the signed verdict form could be delivered to [Judge George] Bakalis, those jurors - a single mother from Darien and a married father from Naperville -- had second thoughts and asked for an opportunity to continue deliberations.The next afternoon, the jury returned with a unanimous vote for death. Bakalis formally imposed that sentence today.

Defense attorney Steven Greenberg argued that because jurors actually signing off on a life verdict first, lawyers should be allowed an immediate appeal before Bakalis confirmed the death sentence.

Bakalis disagreed, telling Greenberg he was proceeding with the hearing even after Greenberg showed him proof that the appeal had been filed.

Dugan is already serving life sentences for the rapes and murders of Donna Schnorr and Melissa Ackerman, a history which led to his qualification for the death penalty. He admitted to the kidnapping, raping and killing of Jeanine this past summer.