Not guilty plea entered in Jeanine Nicarico case

January 18, 2006 (WHEATON, Ill.) (WLS) -- After numerous twists in turns in a murder case spanning more than two decades, the DuPage County state's attorney believes this time they've got the right man. On Wednesday Brian Dugan was arraigned on a 15-count indictment in the Jeanine Nicarico murder case. However, getting to trial could prove to be another excruciatingly long process.

After the first judge in this case recused herself, Brian Dugan appeared before Judge George Bakalis. He refused to enter a plea so the judge entered not guilty on Dugan's behalf. State's Attorney Joe Birkett said his office would seek the maximum punishment.

"We filed our notice of intent to seek capital punishment in this case," said Joe Birkett, DuPage Co. State's Atty.

Jeanine Nicarico was raped and murdered in 1983. Three other men were prosecuted for the crime but were later cleared. Now, armed with DNA evidence, prosecutors are ready to proceed against Dugan, who is already serving two life terms plus 265 years in other murders.

Dugan's attorney Tom McCullouch is stepping down from the case because he may be a witness. A swamped public defender's office has been asked to handle the voluminous case for now. More than 20 years of documents, evidence, and motions will be pored over by someone new.

"I know the difficulty of volume cases- and this is the volume case of all time," said McCullouch.

"Why do you need to bring up the case in dark and horrible detail again and again?" said Northwestern University law professor Jeff Urdangen.

Urdangen once defended one of the men prosecuted in this case. Aside from the wasted resources, he believes Dugan's request for a special prosecutor is legitimate given the history of the case.

"Given the current elected state's attorney was involved himself in this case when Brian Dugan was set to be a liar and not being truthful about his involvement. And for many other reasons, justice would be served by a special prosecutor being appointed," said Urdangen.

McCullouch believes Dugan would plead guilty in this case if Birkett would take the death penalty off the table. Short of that, Dugan will want the right to every hearing and every motion, McCullouch said, which will be time-consuming.

Jeanine Nicarico's mother, Patricia, who spoke with ABC7 by phone, said the family did not want to comment on the case.

Dugan will be back in court February 7th and trying to find a legal team to take this case.

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