The Murder of Jeanine Nicarico
As
I stated in the blog about Robert Anthony Buell, this case is similar
in nature, however, in this case two innocent men were sent to death
row. This case was cited by then Governor George Ryan as one of the
main reasons that when he left office in 2003 he commuted all death
sentences in Illinois. For the next eight years the state of
Illinois would sentence fifteen more people to death row, including
the true perpetrator in this case, but in 2011 the death penalty was
officially abolished and once again those sentences were commuted to
life without parole. This is also a case in which prosecutors and
investigators would later face charges of their own for misconduct in
the pursuit and prosecution of three men.
On
February 25, 1983 ten year old Jeanine Nicarico remained home from
school alone suffering from the flu. I know, I know, today this
would likely be unheard of but in 1983 everyone felt safe, especially
in the town of Napersville Illinois and telephone calls were often
suffice to ensure the child was okay. It was clear when authorities
arrived that the home had been burglarized but it was not clear where
Jeanine was. Her body would be found two days later within a few
miles of her home. She had been raped, sodomized and murdered. While
DNA was not around at that point it does appear that forensic
evidence was taken from the body. However, it is not clear when that
evidence was tested.
In
March of 1984 three men were indicted by a grand jury and arrested.
They were Rolando Cruz, Alejandro Hernandez and Stephen Buckley.
Rolando was said to be a former gang member and investigators claimed
who had confessed. For his part Rolando would claim that he had
fabricated a story in attempts to receive a $10,000 reward that was
offered. This is where things get a bit confusing however. It is
not clear whether Hernandez did the same thing (made up a story to
obtain the reward) or whether Rolando had implicated both Hernandez
and Buckley in his story. But, it does appear that once Rolando
figured out that investigators believed he was the perpetrator that
he immediately recanted his statements. In addition to this Rolando
claims he never confessed to the crime. It seems that investigators
never taped the alleged confession either through audio or video nor
did any investigator ever even write the confession down on paper.
They simply testified to such at the trials that were conducted. The
lead investigator on the case, John Sam resigned before the trial
began claiming he believed the men to be innocent and would not
participate in the continued prosecution of the men.
In
February of 1985 all three men had a joint trial. Cruz and Hernandez
were found guilty and both were sentenced to death. The jury was
unable to agree on a verdict against Stephen Buckley despite the fact
that according to the investigators the only real evidence found at
the scene was a boot print on the front door that they alleged came
from Buckley. The prosecution had argued, through investigators, that
Rolando had related things that only the killer would have known. It
was said that “five informants” claimed that both Cruz and
Hernandez had confessed to the crime. Whether those “informants”
were jail inmates or had legal issues of their own they wanted
resolved is unclear. It was also said that two witnesses claimed to
identify Buckley as the driver of a car that prosecutors alleged was
used in the crime. Buckley would sit in jail without bond for the
next two years awaiting a new trial when in 1987 prosecutors dropped
the charges against him. Cruz and Hernandez had been convicted on
charges or murder, rape, kidnapping, deviant sexual assault,
aggravated indecencies with a child, residential burglary, criminal
sexual abuse and aggravated criminal sexual abuse.
In
late 1985 a man by the name of Brian Dugan was back in prison, a
place that was almost a second home to him. This time he was accused
of killing a twenty-seven year old woman named Donna Schnoor and a
seven year old girl named Melissa Ackerman. While attempting to
obtain a deal with the prosecutors Dugan had confessed to the murder
of Jeanine Nicarico. According to Dugan prosecutors did not want to
accept his confession because they already had the convictions
against Cruz and Hernandez.
On
January 19, 1988 (although some reports say it was 1989), the
Illinois Supreme Court overturned the convictions against both Cruz
and Hernandez citing the fact that they had not been given separate
trials. By this time it appears that prosecutors and investigators
were well aware of Dugan's confession but despite that the
prosecutors insisted on re-trying the two men. It has been said that
first investigators attempted to hide evidence that Brian Dugan had
confessed but at some point through the entire process (whether it
was after the first trial, or after the second is unclear) they came
up with a theory that Cruz and Hernandez were Brian Dugan's
accomplices in the crime. And yet still Dugan was not charged in the
murder.
Although
I found what was considered to be a timeline of events in the case
some of them, such as the date of the first time the convictions were
overturned, do not always seem to add up correctly. From the best
that I can gather at the time of Cruz's second trial a man by the
name of Roland Burris was Attorney General in the state. He had
decided to run for Governor in the next election. For the record
Burris did run and lost the race along with two other attempts that
were made. Burris assigned the case to a woman named Mary Kenney.
Like the lead investigator before Cruz's first trial, Kenney believed
that Cruz was innocent and claimed she felt that he was a victim of
“prosecutorial misconduct.” She refused the argued the case and
resigned her position. In February of 1990 Rolando Cruz was once
again convicted and sentenced to death. In May of that year
Hernandez was put on trial but his jury could not agree on a verdict
so he went on trial again in May of 1991. Once again Hernandez was
convicted but this time instead of a death sentence he was given life
without parole.
In
July of 1994 the Illinois Supreme Court once again overturned Rolando
Cruz's conviction. This time it was based on the fact that the court
had refused to allow evidence of Brian Dugan's confession to be
entered. The courts ordered that this had compromised his defense
and that it would have been up to the jury to decide which side to
believe. Then in January of 1995 Hernandez's conviction was
overturned. In November of 1995 Cruz once again went on trial. This
time he was acquitted when a police office got on the stand and
reversed his testimony about Cruz's alleged confession. That same
month charges were dropped against Hernandez. And yet, still Brian
Dugan sat in jail and never charged in the murder of Jeanine
Nicarico.
Keep
in mind that during the more than ten years that the prosecutors
conducted these four trials, and at some point were preparing for at
least two more, of these three men, they were assuring Jeanine's
parents they had the right perpetrators. It seems unlikely that her
parents had not been made aware of Brian Dugan's confession at least
at some point since it had apparently been common knowledge for
several years. That being said I am confident in believing that they
were likely told by the prosecutors not to worry about that
confession and kept reassuring them Cruz and Hernandez were the right
people. For them every time they thought things would settle the
courts would overturn the conviction and a new trial would be set and
a whole new ordeal for them to go through. Then, in the end all
three men that they were told in 1984 had murdered their daughter
were free.
By
December of 1996 three prosecutors and four sheriff deputies were
indicted on charges of unlawful arrest and conspiracy charges in the
prosecution against Cruz. In June of 1999 the “Dupage Seven”
(named after the county) were acquitted. This should be of no
surprise to anyone, even in the 1990's. How many times have we seen
a police officer or even more rarely a prosecutor, be charged for
crimes committed relating to their jobs and then be acquitted? We
saw it in the Rodney King beating trial and as of late it seems every
few months another officer is being found “not guilty” on charges
of reckless murder that occurred during an arrest, chase or traffic
stop. Even in today's age where there is almost always a video of
some sort of the incident do we see a conviction.
Now,
I mentioned earlier that forensic evidence was taken from the crime
scene but that I was unclear when any testing was done. It does
appear that by 1992, before Rolando Cruz's third trial that DNA
testing had been done and was said to exclude both Cruz and Hernandez
as sources. But, it does not appear that the same evidence was ran
against Dugan's DNA at the time. What this means however is that
this information was available before prosecutors were preparing to
take them both back to trial for a third time. It was said though
that eventually it was linked to Dugan but from my understanding even
that did not happen until around 2005 when Dugan was finally charged
with the murder.
Despite
confessing to the murder in November of 1985 it was not until July of
2009 that Brian Dugan pleaded guilty in the murder of Jeanine
Nicarico. A jury was sat for a sentencing hearing on the case.
After ten hours of deliberations, last over two days the jury gave
Brian Dugan the death penalty. In 2011 that sentence was commuted to
life without parole. He remains imprisoned today.
In
September of 2000 Rolando Cruz, Alejandro Hernandez and Stephen
Buckley were awarded 3.5 million dollars in a civil suit they had
filed for wrongful prosecution.
Comments
Post a Comment