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Jurors weigh Dugan death penalty case

November 11, 2009

Brian Dugan deserves nothing less than the death penalty for brutally murdering 10-year-old Jeanine Nicarico in 1983, DuPage County prosecutors said Tuesday just before jurors began deliberating his fate.

"There's only one punishment that truly fits this crime. Send him to Death Row," DuPage County State's Attorney Joseph Birkett urged jurors who will decide whether Dugan receives the death penalty or is sentenced to life in prison.

The jury deliberated for nearly six hours. The panel is scheduled to resume discussions today.

In a unusual twist, jurors told Judge George Bakalis at about 10 p.m. that they had a verdict. Bakalis even called in the victim's family. But later jurors abruptly informed the judge that they resumed deliberations.

Jurors appeared to be interested in statements made by defense mental health experts, requesting transcripts from two psychologists and a psychiatrist who described Dugan as a psychopath who lacks empathy and has difficulty controlling his violent actions. Bakalis agreed to provide the transcripts.

The deliberations followed daylong closing arguments and an unusual five-week sentencing hearing.

Immediately after jurors began their deliberations, Nicarico's parents and other relatives thanked police, prosecutors, community residents and even Dugan's other crime victims for the help they have provided.

"We must express our profound gratitude for the tireless support that we have received from family, friends and the community at large since 1983," Jeanine's father, Tom Nicarico, said, flanked by his wife, Pat, and their two surviving daughters, Chris and Kathy.

Several other women who were attacked by Dugan testified during the sentencing -- and also offered their support to the Nicaricos.

"Words do not convey the gratitude and empathy we feel toward those very brave women -- Dugan's surviving victims -- who came forward and testified during these proceedings," Nicarico said.