Judge to rule on Harris motion in February

KANKAKEE — Kankakee County Circuit Judge Kathy Bradshaw-Elliott said she will rule next month on a motion to suppress evidence in the trial of Xandria Harris.

Harris and her attorney, Cierra Norris, were in court Friday for arguments.

The motion was originally filed in February 2024.

Harris, 29, of Bradley, is charged with first-degree murder in Bradley Police Sgt. Marlene Rittmanic’s death and attempted murder in the shooting of now retired Sgt. Tyler Bailey.

The officers were shot by Harris’ boyfriend, 28-year-old Darius Sullivan, of Bourbonnais.

Sullivan was found guilty by a jury last September of Rittmanic’s murder and seriously wounding Bailey. Sullivan is scheduled to be sentenced Jan. 21 by Bradshaw-Elliott.

In the motion to suppress evidence, Norris argued physical evidence, a firearm and ammunition, were illegally seized from the hotel room. Norris said prosecutors are going to introduce this evidence at trial.

According to the motion, Bailey and Rittmanic wanted to talk to Harris about the vehicle and the dogs after they learned the vehicle was registered to Harris.

Body camera video from the two officers showed them talking about how Harris’ boyfriend was Sullivan.

The officers knew Sullivan was wanted on a warrant for failing to appear for a June 11, 2021, court date for another case. The officers believed Sullivan to be in the hotel room.

The officers asked if Sullivan had rented a room. A teller said he had. They were given the room number and went to the room.

Fourteen minutes pass between the time the officers knock on the hotel room door to Harris opening the door. She attempts to close it behind her, but Bailey puts his left foot to prevent it from closing.

The officers grab Harris in an attempt to get into the room where they believed Sullivan to be.

Norris argued in the motion, “The officers did not have reasonable suspicion or probable cause to seize Harris the way they did.”

The Fourth Amendment to the United States Constitution guarantees the right of persons to be secure from the unreasonable searches and seizures of their persons, houses, papers and effects.

Norris argued this also applies to guests in hotel rooms, just as they apply to tenants in homes and residents in boarding houses.

“This was an illegal seizure, your honor,” Norris argued Friday.

The officers did not have an arrest warrant for Harris or a search warrant to enter Harris’ room, Norris argued in the motion.

Rowe argued that responding officers used a robot to get a look inside the room to see if there were any other people inside.

“The officers did not touch anything. They got a warrant, issued by Judge [Thomas] Cunnington, before they searched the room for evidence,” Rowe said.

https://daily-journal.com/news/crime/judge-to-rule-on-harris-motion-in-february/article_0ad3dd00-cf92-11ef-98a8-97aa82ba2bc8.html