KANKAKEE – A trial date has been set for Xandria Harris for the death of Bradley Police Sgt. Marlene Rittmanic and the serious injury of retired Sgt. Tyler Bailey in December 2021.
The setting came during last Friday’s court date before Kankakee County Circuit Judge Kathy Bradshaw-Elliott.
The 29-year-old Harris, of Bradley, is facing murder and child endangerment charges.
Jury selection is set to begin Sept. 8. Two weeks are blocked off for the trial. The pretrial conference is set for Aug. 29.
Her co-defendant, Darius Sullivan, 28, was found guilty of the same charges last September. He is serving a mandatory life sentence for killing Rittmanic and an 80-year sentence for shooting Bailey.
A hearing on all motions will be held Aug. 8 prior to the trial.
Rittmanic and Bailey were shot by Sullivan on Dec. 29, 2021, when they answered a call about dogs barking in a vehicle outside the Comfort Inn hotel property near the Northfield Square mall.
Harris is accused of aiding Sullivan during the shooting.
Contempt case
Kankakee County State’s Attorney Jim Rowe and Harris’ attorney, Cierra Norris, argued about the contempt of court charge Harris received when she refused to testify in Sullivan’s trial.
Rowe decided to try the contempt case before Harris’ murder trial.
The next court date for the case is Feb. 28.
Ruling made
Bradshaw-Elliott denied Harris’ motion to suppress evidence.
Her attorney, Norris, argued physical evidence, a firearm and ammunition, were illegally seized from the hotel room. Norris said prosecutors are going to introduce the evidence at trial.
Bailey and Rittmanic wanted to talk to Harris about the vehicle and the dogs after they learned the vehicle was registered to Harris, according to the motion.
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 passed between the time the officers knocked on the hotel room door to Harris opening the door. She attempted to close it behind her, but Bailey put his left foot to prevent it from closing.
The officers grabbed 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.
She argued it was an illegal seizure.
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.