Monday, March 17, 2008
Let's Make A Deal, Take 2: Judge Decides Which Of Brian Dugan's Statements From Sexual Predator Study Will Be Admissible
Earlier, I posted about the case of Brian Dugan, the Illinois man currently on trial for the 1983 murder of 10 year-old Naperville schoolgirl Jeanine Nicario. As I noted, back in 1986, Dugan made some incriminating statements while taking part in a state policy study of sexual predators, and the judge hearing his case deemed that these statements were not part of protected plea talks, which would have made them inadmissible. Well, on Thursday, DuPage Circuit Judge George Bakalis specified which portions of the recordings of Dugan's statements are admissible and which are inadmissible.
For instance, Judge Bakalis determined that Dugan's admission that he murdered a Geneva nurse and committed other, unrelated sexual attacks will be inadmissible, presumably because they constituted impermissible character evidence which only could have been used to prove that Dugan had a propensity to be violent and thus likely acted in conformity with that propensity at the time in question. On the other hand, Judge Bakalis ruled that Dugan's admission that he abducted, raped, and drowned a 7 year-old girl in Somonauk, Illinois will be admissible, presumably to prove modus operandi -- that Dugan had a predilection for abducting and killing young girls. It will be interesting to see how everything shakes out when this case is finally resolved.