Justice can be served without death penalty

Aurora Beacon-News

January 23, 2006

The issue: The prosecution of Brian Dugan for the murder of Jeanine Nicarico.

We say: It's not necessary to invest the financial and emotional resources needed to secure a death sentence.

A former attorney for Brian Dugan says a death penalty trial in the murder of Jeanine Nicarico would be a waste of money, time and emotion.

He's right.

Ottawa attorney George Mueller questions why prosecutors want to move forward given the "uncertain result" of a murder trial during which Dugan's confession some 20 years ago may not be admissible.

The outcome of a trial is one of many uncertainties in the prosecution of the 1983 abduction and slaying, a heinous act that has been left needlessly unresolved for far too long.

At this point, there's no reason to believe that Dugan, 49, would be put to death even if he earns a death sentence. The state has not executed anyone in nearly seven years, and the death penalty moratorium ordered in 2000 by then-Gov. George Ryan remains in place today under Gov. Rod

Blagojevich. This despite legislative reforms meant to restore faith in a system that has freed more men in the last three decades than have been executed.

Should Dugan be convicted even without his confession - DuPage County State's Attorney Joe Birkett says prosecutors have enough evidence to do so - there's no guarantee the former Aurora man would receive a death sentence for the rape and murder of the 10-year-old Naperville girl.

Such an outcome would look foolish considering Dugan offered to plead guilty in 1985 if prosecutors promised not to seek the death penalty (he's already serving two life sentences without the possibility of parole for two other murders).

Birkett has made clear his motive in seeking the death penalty is to make the punishment fit the crime, although his zealous pursuit of Dugan's death only works to emphasize that he is chasing the ghosts of past mistakes in this case. Getting it right doesn't necessarily mean Dugan must have a date set with the executioner.

And while the wishes of Jeanine's family must be taken into account, prosecutors also have a responsibility to every other taxpayer.

To be clear, this is not an argument about the merits of the capital punishment system in general. But in this case, it makes little sense to spend millions of dollars only to be forced to hope that a jury convicts Dugan, that he's sentenced to death, that capital punishment is even available.

Brian Dugan isn't going anywhere, ever.