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Nicarico Case Has Haunted IL Politics For 20 Years

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Nicarico Case Has Haunted IL Politics For 20 Years

SPRINGFIELD, Ill. (AP) ― Jeanine Nicarico's murder was a tragedy for her family, and the courtroom battles afterward were a test for the state's legal system.

The two together were a minefield for Illinois politicians.

Prosecutors have been chastised in outraged newspaper editorials. Public officials have had to do damage control after thoughtless statements. Candidates for attorney general and governor have battled over the case, throwing around phrases like "failure of leadership."

It even helped inspire politicians to overhaul the state's troubled death penalty system.

The political connection began almost immediately after the 10-year-old was abducted from her Naperville home on Feb. 25, 1983.

Nicarico's rape and murder were still unsolved a year later as the primary election in DuPage County drew near. Incumbent State's Attorney Michael Fitzsimmons, facing a tough challenger, indicted three men for the crime just before the election. The indictments have been derided by critics as a political move.

Whatever the motivation, the indictments did not save Fitzsimmons. He was beaten by Jim Ryan, who continued prosecuting the trio -- Rolando Cruz, Alejandro Hernandez and Stephen Buckley.

Jurors deadlocked on Buckley, and the charges ultimately were dropped. Cruz and Hernandez were convicted and sentenced to die.

But their convictions were overturned by the Illinois Supreme Court. Ryan took them to trial again, despite growing doubts about their guilt.

Another man, a convicted murderer, said he committed the crime and would give a formal confession if prosecutors ruled out the death penalty. DNA evidence supported his account.

Detectives claimed Cruz told them about having a vision of killing the girl, but detectives could offer no notes or other proof that he ever made such a statement.

Cruz and Hernandez were convicted again, and their convictions were overturned again. Ryan took Cruz to trial again, but the case fell apart when a police witness admitted the story of a "vision statement" could not have happened as described.

The Chicago Tribune editorial page excoriated Ryan and everyone else involved in the prosecution.

"They have demonstrated that they have no honor and they merit no trust," the paper said in an editorial that was often quoted in later campaigns.

Cruz and Hernandez were set free in 1995 and, along with Buckley, reached a $3.5 million settlement with DuPage County. Seven county law enforcement officials were charged with conspiring to frame Cruz, but they were acquitted.

Last week, Brian Dugan, the man who has admitted killing Jeanine, was finally indicted.

Ryan's handling of the case was an issue in his successful bid for attorney general in 1994 and in his unsuccessful bid for governor in 2002, when Democrat Rod Blagojevich ran a campaign ad suggesting Ryan kept evidence from the jury and accusing him of "a failure of leadership."

But longtime Ryan aide Dan Curry argues it did not play a big role. Ryan was twice elected attorney general and ran a competitive governor's race despite the issue, he said.

"I think the public never bought much of the hype and overstatement being peddled in the news media by critics," Curry said. "The public may not have studied every fact, but they had a sense that the case was complicated and well-intentioned public officials were doing their best to solve a horrible crime."

If the murder was a deciding factor in any race, Curry said, it was the 1996 Republican primary for DuPage County state's attorney -- and it cut in favor of the candidate most closely linked to the case.

Lawyer Thomas Cronin called the case "a disgrace" and said his opponent, assistant state's attorney Joseph Birkett, shared responsibility for convicting innocent men. But Cronin had said very different things in the past, when he was a Ryan campaign aide, and voters did not appreciate the flip-flop. Birkett won by a 3-1 margin.

Birkett was not so fortunate when he ran for attorney general in 2002 against Democrat Lisa Madigan. She said he was "unencumbered by conscience" and was misleading voters about his role in the case.

Former Madigan campaign adviser Bob Kettlewell says the possibility of voter backlash is always a concern when bringing up something as sensitive as a little girl's murder. But Madigan felt it was entirely appropriate to discuss when Birkett's campaign was largely about his experience as a prosecutor.

"Given that, his conduct was not just fair game but what really should be discussed in the campaign," Kettlewell said. "Frankly, we experienced no significant criticism or backlash for talking about it, because it was a legitimate conversation to have. ... It was a very important factor in the margin of victory."

Birkett says he had little to do with prosecuting Cruz and Hernandez. Madigan raised the issue to divert attention away from her lack of experience in the courtroom, he said during the campaign.

One politician who did face backlash from fellow officials and newspaper editorials was Michael McMahon, a member of the DuPage County board. When the board approved the $3.5 million settlement with the exonerated men, McMahon said he hated to go along.

"If it was up to me, we'd take these three guys into the basement and shoot them," he said. McMahon initially stood by what he had said but later apologized.

The incident didn't seem to do any permanent damage. McMahon was re-elected and is still on the board five years later.

(© 2005 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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