It's been more than a quarter-century since Brian Dugan raped and murdered a 10-year-old Naperville girl, and both sides in his death penalty hearing agree he is a psychopath.
However, defense attorneys are trying to paint a sympathetic picture.
"He is still a psychopath, but he has changed over time," Orest Wasyliw, a psychologist who put Dugan through a battery of mental health tests earlier this year, testified today. "His brain is still not functioning in a normal way."
Wasyliw's conclusions include that Dugan has cognitive deficiencies and reduced mental capacity, although he also said he is smarter than the average person.
"He doesn't understand feelings the way others do," said Wasyliw, the first of three mental health experts who will testify this week on Dugan's behalf.
Dugan, who already is serving two life sentences, pleaded guilty in July to the 1983 rape and murder of Jeanine Nicarico. DuPage County prosecutors are seeking the death penalty.
Wasyliw said a significant change occurred in Dugan's life when, sometime in the 1990s, he met a rapist in prison.
"That made him physically ill," Wasyliw said, in large part because Dugan recognized three of his own traits -- dishonesty, violence and cowardice -- in the man.
"Roughly from that time, he tried to better himself," Wasyliw said, adding that Dugan stopped drinking alcohol and using drugs, started reading more -- particularly about science -- and began helping other prisoners with their legal work and exercising more.
Wasyliw said, however, that during eight hours of conversations with him, Dugan "did not try to paint a positive picture of himself."
"Mr. Dugan did not at any time try to blame his family, blame society, blame his disorder. He didn't try to whitewash. He didn't try to minimize," he said.
Dugan's legal sanity has never been questioned in any of his lengthy criminal proceedings.
Assistant State's Attorney Michael Wolfe questioned Wasyliw about Dugan's numerous exams by mental health workers over his 24 years in prison "in which he was capable of acting like a chameleon and is very concerned about self-preservation."
The jury, which began hearing its fifth week of testimony Tuesday, began the day viewing a two-hour interview, recorded Sept. 5, of Dugan by Kent Kiehl, a psychologist who is expected to testify Wednesday that brain scans of Dugan indicate he suffers from physiological issues that affect his behavior.
Dugan said on the recording: "I realize I am different. I knew I was a ... lunatic. There was no 1-800-nuts line to call. I think I have remorse, guilty empathy.
"I was terrified after I committed the crime in Naperville, but I couldn't stop," he said.
Wolfe questioned Wasyliw about what he believes were "lies" by Dugan in the September interview and said, "He is trying to manipulate this jury through that interview."
--Art Barnum and Ted Gregory
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