Jeanine Nicarico

Jeanine Nicarico murder case

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.

As of September 2008, no person is legally convicted in the case.

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.

Prosecution of Cruz and Hernandez

Rolando Cruz and 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, Cruz and Hernandez were sentenced to the death penalty.

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 trials. 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.

Aftermath

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.

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. As of July 2007, pre-trial evidentiary hearings continue.