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.
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Jeanine Nicarico (born July 7, 1972) was kidnapped, raped and murdered on February 25, 1983. Her body was found two days later.[1] 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.
Rolando Cruz, Alejandro Hernandez and Stephen Buckley were indicted in March 1984.[1] A joint trial was held; in February 1985, Cruz and Hernandez were convicted, but the jury deadlocked on Buckley.[1] The next month, both Cruz and Hernandez were sentenced to death.[1]
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.[1]
In 1987, the charges against Buckley were dismissed by a judge.[1]
On January 19, 1988 the Illinois Supreme Court struck down the conviction of Cruz and Hernandez because the two did not have separate trials.[1] 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.[1] The second trial of Hernandez ended in a hung jury in May 1990;[1] after his third trial, Hernandez was convicted and sentenced to 80 years in prison on May 17, 1991.[1]
Meanwhile, Cruz had appealed. In December, 1992, his second conviction was upheld by the Illinois Supreme Court,[1] but in May 1993 the court agreed to rehear the case, and on July 14, 1994 Cruz was ordered a third trial.[1]
The Illinois Appellate Court overturned the second conviction of Hernandez on January 30, 1995.[1]
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.[1] In December 1995, charges against Hernandez were dismissed by the State's Attorney.[1]
Seven DuPage County law enforcement officials, three prosecutors and four deputies, were indicted by a grand jury 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.[1][2]
Cruz, Hernandez and Buckley reached a $3.5 million civil settlement with DuPage County for their wrongful prosecution on Sept. 26, 2000.[1]
In 2002, Gov. George Ryan granted Cruz a pardon.[1]
In November 2005, Dugan was indicted for the Nicarico murder.[1] On July 22, 2009, Dugan plead guilty to the kidnapping, rape, and murder of Nicarico.[3] On November 11, 2009, Dugan was sentenced to death.[3]
On December 16, 2009 the judge imposed the death sentence for Brian Dugan and set the execution date for February 25, 2010.[4]