Jeanine Nicarico murder case
Encyclopedia
The Jeanine Nicarico murder case was a complex and influential homicide investigation and prosecution in DuPage County
, Illinois
that sent two men to prison who were later exonerated and released, and contributed to the death penalty moratorium imposed by then-Governor
George H. Ryan.
In July 2009, Brian Dugan
pleaded guilty to the murder of Nicarico after previously confessing to the crime. Dugan is jailed on two unrelated murder charges, one of a 27-year old woman and one which began with the abduction of two seven-year old girls, one of whom escaped and the other of whom was raped and murdered by Dugan. On November 11, 2009, after deliberating about 10 hours over two days, a DuPage County jury sentenced Brian Dugan to death for the rape and murder of Jeanine Nicarico 26 years earlier.
, Alejandro Hernandez and Stephen Buckley were indicted in March 1984. A joint trial was held; in February 1985, Cruz and Hernandez were convicted, but the jury deadlocked on Buckley. The next month, both Cruz and Hernandez were sentenced to death.
In November 1985, Brian Dugan, who was already in jail and being tried for the murder of a seven-year-old girl and a 27-year-old woman, confessed to the crime through his attorney. Dugan plea-bargained his charges to life imprisonment.
In 1987, the charges against Buckley were dismissed by a judge.
On January 19, 1988 the Illinois Supreme Court struck down the conviction of Cruz and Hernandez because the two did not have separate trial
s. Both were retried despite public pressure on the DuPage State's Attorney's office to pursue the Dugan confession. Cruz was convicted in his second trial in February 1990.
The second trial of Hernandez ended in a hung jury
in May 1990; after his third trial, Hernandez was convicted and sentenced to 80 years in prison on May 17, 1991.
Meanwhile, Cruz had appealed. In December, 1992, his second conviction was upheld by the Illinois Supreme Court, but in May 1993 the court agreed to rehear the case, and on July 14, 1994 Cruz was ordered a third trial.
The Illinois Appellate Court
overturned the second conviction of Hernandez on January 30, 1995.
During his third trial, a sheriff's lieutenant reversed his testimony, and Cruz was acquitted in November 1995. A state investigator was appointed to review the recanted testimony. In December 1995, charges against Hernandez were dismissed by the State's Attorney.
in December 1996 on charges of conspiracy
to convict Cruz despite being aware of exculpatory evidence
. After numerous proceedings, in June 1999 all seven had been acquitted for framing the men.
Cruz, Hernandez and Buckley reached a $3.5 million civil settlement with DuPage County for their wrongful prosecution on Sept. 26, 2000.
In 2002, Gov. George Ryan
granted Cruz a pardon
.
In November 2005, Dugan was indicted for the Nicarico murder. On July 22, 2009, Dugan plead guilty to the kidnapping, rape, and murder of Nicarico. On November 11, 2009, Dugan was sentenced to death.
On December 16, 2009 the judge imposed the death sentence for Brian Dugan and set the execution date for February 25, 2010.
People murdered in Illinois
Murdered American children
DuPage County, Illinois
As of the 2010 Census, the population of the county was 916,924, White Americans made up 77.9% of Dupage County's population; non-Hispanic whites represented 70.5% of the population. Black Americans made up 4.6% of the population. Native Americans made up 0.3% of Dupage County's population...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
that sent two men to prison who were later exonerated and released, and contributed to the death penalty moratorium imposed by then-Governor
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....
George H. Ryan.
In July 2009, Brian Dugan
Brian Dugan
Brian James Dugan is an American rapist and serial killer active between 1983 and 1985 in Chicago's western suburbs. He was on death row for the 1983 murder of 10 year-old Jeanine Nicarico until Illinois governor Patrick Quinn abolished capital punishment in 2011 and his sentence was commuted to...
pleaded guilty to the murder of Nicarico after previously confessing to the crime. Dugan is jailed on two unrelated murder charges, one of a 27-year old woman and one which began with the abduction of two seven-year old girls, one of whom escaped and the other of whom was raped and murdered by Dugan. On November 11, 2009, after deliberating about 10 hours over two days, a DuPage County jury sentenced Brian Dugan to death for the rape and murder of Jeanine Nicarico 26 years earlier.
Abduction, rape and murder
Jeanine Nicarico (born July 7, 1972) was kidnapped, raped and murdered on February 25, 1983. Her body was found two days later. Jeanine was home sick with the flu. Her mom, Pat, left her job as an elementary school secretary to drive home at noon to fix Jeanine a grilled cheese sandwich. Pat returned to work but spoke with Jeanine on the telephone in the early afternoon. Jeanine’s dad was at work and her sisters were at school.Prosecution of Cruz, Hernandez, and Buckley
Rolando CruzRolando Cruz case
In February 1985, a Hispanic man from Aurora, Illinois named Rolando Cruz and a co-defendant were tried, convicted, and sentenced to death for the 1983 kidnapping, rape, deviant sexual assault and murder of 10-year old Jeanine Nicarico in DuPage County Circuit Court despite the fact that the police...
, Alejandro Hernandez and Stephen Buckley were indicted in March 1984. A joint trial was held; in February 1985, Cruz and Hernandez were convicted, but the jury deadlocked on Buckley. The next month, both Cruz and Hernandez were sentenced to death.
In November 1985, Brian Dugan, who was already in jail and being tried for the murder of a seven-year-old girl and a 27-year-old woman, confessed to the crime through his attorney. Dugan plea-bargained his charges to life imprisonment.
In 1987, the charges against Buckley were dismissed by a judge.
On January 19, 1988 the Illinois Supreme Court struck down the conviction of Cruz and Hernandez because the two did not have separate trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
s. Both were retried despite public pressure on the DuPage State's Attorney's office to pursue the Dugan confession. Cruz was convicted in his second trial in February 1990.
The second trial of Hernandez ended in a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
in May 1990; after his third trial, Hernandez was convicted and sentenced to 80 years in prison on May 17, 1991.
Meanwhile, Cruz had appealed. In December, 1992, his second conviction was upheld by the Illinois Supreme Court, but in May 1993 the court agreed to rehear the case, and on July 14, 1994 Cruz was ordered a third trial.
The Illinois Appellate Court
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in...
overturned the second conviction of Hernandez on January 30, 1995.
During his third trial, a sheriff's lieutenant reversed his testimony, and Cruz was acquitted in November 1995. A state investigator was appointed to review the recanted testimony. In December 1995, charges against Hernandez were dismissed by the State's Attorney.
Aftermath
Seven DuPage County law enforcement officials, three prosecutors and four deputies, were indicted by a grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
in December 1996 on charges of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to convict Cruz despite being aware of exculpatory evidence
Exculpatory evidence
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt....
. After numerous proceedings, in June 1999 all seven had been acquitted for framing the men.
Cruz, Hernandez and Buckley reached a $3.5 million civil settlement with DuPage County for their wrongful prosecution on Sept. 26, 2000.
In 2002, Gov. George Ryan
George Ryan
George Homer Ryan, Sr. was the 39th Governor of the U.S. state of Illinois from 1999 until 2003. He is a member of the Republican Party. Ryan became nationally known when in 2000 he imposed a moratorium on executions and "raised the national debate on capital punishment"...
granted Cruz a pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
.
In November 2005, Dugan was indicted for the Nicarico murder. On July 22, 2009, Dugan plead guilty to the kidnapping, rape, and murder of Nicarico. On November 11, 2009, Dugan was sentenced to death.
On December 16, 2009 the judge imposed the death sentence for Brian Dugan and set the execution date for February 25, 2010.
See also
Kidnapped American childrenPeople murdered in Illinois
Murdered American children