Judge OKs testimony on Dugan brain 'deficiencies'
A forensic psychologist may testify that triple-murderer Brian Dugan is a psychopath who has brain "deficiencies," a DuPage County judge ruled Friday.
But psychologist Kent Kiehl can't show jurors electronic images of Dugan's brain to support his testimony -- nor can he say that Dugan's mental condition prevented him from controlling his violent actions, Judge George Bakalis said.
Kiehl is expected to be a key witness next week as defense attorneys try to persuade jurors to spare Dugan's life for the brutal 1983 murder of 10-year-old Jeanine Nicarico.
Defense attorneys plan to call Kiehl to testify at Dugan's sentencing hearing about a brain-scan he conducted on Dugan earlier this year using functional magnetic resonance imaging.
That test indicated that Dugan, 53, is a psychopath, in part because he lacks empathy and remorse, defense attorney Allan Sincox said.
Kiehl will be allowed to testify about the exam and the results that he says indicate Dugan is a psychopath who has "areas of deficiencies in the brain," Bakalis said.
But Bakalis blocked the University of New Mexico professor from telling jurors that Dugan's mental condition prevented him from controlling his emotions and his deadly actions.
"There's no scientific evidence he couldn't control his urges," Bakalis said in his ruling.
The judge also barred Kiehl from showing electronic images of Dugan's brain scans to jurors, saying they would add little worthwhile information.
DuPage County prosecutors had specifically sought to block the brain scan images from being shown to jurors.
"It adds confusion and prejudice," DuPage County State's Attorney Joseph Birkett said.
Birkett also argued against allowing Kiehl to testify about Dugan's mental state, insisting that the test conducted in September 2009 doesn't address Dugan's condition on Feb. 25, 1983, when he kidnapped, raped and killed the Naperville girl.
Dugan already is serving life sentences for two other murders. If he avoids a death sentence for Jeanine's murder, he will receive another life term.