House Panel OKs Resolution Seeking New Nicarico Trials

SPRINGFIELD A House judiciary panel endorsed a resolutionThursday calling on the Illinois Supreme Court to order new trialsfor the two men convicted of the 1983 murder of a 10-year-oldNaperville girl.

The proposal urges the court to set aside the murder convictionsof Rolando Cruz and Alejandro Hernandez, both 29, who were foundguilty of the Feb. 25, 1983, murder of Jeanine Nicarico. Cruz is onDeath Row for the crime, and Hernandez is serving an 80-year prisonterm.

The resolution, proposed by Rep. Benjamin A. Martinez(D-Chicago), says the two men have been deprived of due processbecause jurors have not heard key evidence in the case, including thetestimony of Brian Dugan, a convicted murderer and rapist who hasclaimed since 1985 that he alone killed the girl.

Several Republican Legislators assailed the resolution,questioning why the Legislature should get involved in courtproceedings.

Rep. Timothy V. Johnson (R-Urbana) called the resolution "aserious departure from why we're here. We don't have any businesstelling the Illinois Supreme Court what to do."

The committee sent the resolution to the full House on a 9-7,party-line vote.