Convicted murderer indicted for 1983 Nicarico slaying

November 29, 2005 (WHEATON, Ill.) (WLS) -- Convicted killer Brian Dugan is now charged with the murder of 10 year old Jeanine Nicarico. She was kidnapped from her Naperville home in February of 1983 and her body was found four days later. It's a murder case that left families emotionally drained, sent innocent people to jail sparked political fights and ruined careers.

Now after 23 years, the DuPage County State's Attorney is charging Brian Dugan with the murder of Jeanine Nicarico.

Were she alive today, she would be 32. More than two decades after the murder, a DuPage County grand jury has returned a 15-count indictment charging Brian Dugan with repeatedly raping and murdering the little girl who was 10 years old, home sick.

Advances in D.N.A. and forensic evidence have made this indictment possible according to DuPage County State's Attorney Joe Birkett who says he will seek the death penalty.

"In my view, despite the passage of time this, defendant if he is convicted, ought to be exposed to the ultimate punishment -- the death penalty," Birkett said.

Brian Dugan nearly two decades ago told prosecutors he alone killed the girl in February of 1983, but that plea was informal and it was conditional. Dugan insisted he would not formally confess unless he was assured that prosecutors would not seek the death penalty. They would not offer that promise and at the time three other men had been charged with the murder.

Charges against one were later dropped, but Rolando Cruz and Alejandro Hernandez were sent to death row. Later the case against them would come apart amidst allegations of sloppy police work and overzealous prosecution.

But Brian Dugan remains imprisoned for life after pleading guilty to two other murders in the early 1980's. Advancements in D.N.A. have linked him to the rape and murder with statistical certainty.

"The passage of time takes its toll on every particular case, but in this case the passage of time has provided us the benefit of tremendous advances in D.N.A. Technology and other areas," Birkett said.

Birkett will not discuss the forensic evidence, nor would he say whether he believes Brian Dugan acted alone or in concert with others. Only that the case is strong and that he "could not stomach anything less than pursuing a death penalty case against Brian Dugan."

"We do believe that we've taken a step towards the truth. And I also believe despite the passage of time, despite the passage of 22 years, that we are closer to the truth today than we were 22 years ago," Birkett said.

The girl's father told ABC7 News on Tuesday that he wanted to withhold any reaction until he heard what the state's attorney had to say. The family has long held if Brian Dugan was responsible for the crime, that he did not act alone.

Dugan's attorney says that the trial is a supreme waste of taxpayers' dollars and that Dugan was prepared and is prepared to plead guilty provided he gets a promise that the prosecution would not seek the death penalty, and that is something clearly that the state's attorney of DuPage County is not prepared to offer.

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