KANKAKEE — A Kankakee County judge granted a motion to continue Xandria Harris’ trial that was scheduled to start Feb. 9 to a later date.
Harris is charged with first-degree murder and attempted murder in the shooting of two Bradley police officers at the Comfort Inn hotel property in late December 2021.
In addition to the scheduled time extension, Harris’ legal team said they are exploring a defense based on the defendant — Harris — being “under duress” at the time of the shooting because of domestic abuse situations between herself and Darius Sullivan, her boyfriend, who also has been charged with these crimes.
No trial date has been set.
Harris was in the courtroom Friday for her latest court date, which lasted about 20 minutes.
She listened as her attorneys, Cierra Norris and Gloria Smith, discussed the motion with Kankakee County State’s Attorney Jim Rowe and Circuit Judge Kathy Bradshaw-Elliott.
Norris and Smith said they have hired an expert witness who needs time to examine documents and other information.
Norris filed a motion in December asking the court to allow the use of an affirmative defense.
An affirmative defense is when the defendant introduces evidence that negates criminal liability or civil liability, even if it is proven the defendant committed the alleged acts, according to Cornell Law School’s Legal Information Institute.
The affirmative defense must be found credible to be successful, and the party that raises it has the burden of proof on establishing it. Raising an affirmative defense can be brought up with other defenses, according to the institute.
Examples of affirmative defenses include self-defense, entrapment, insanity and necessity.
On Friday, Bradshaw-Elliott asked Norris what defense they would be using.
“Initially, we have retained an expert from Northwestern [University],” Norris said.
“This person will be cultivating the information into the context that Ms. Harris was under duress [at the time of the shootings].”
Norris said they have obtained 911 recordings of calls Harris made about domestic abuse situations between herself and Sullivan.
Rowe did not object to the motion.
Harris’ next court date is Feb. 24.
The 27-year-old Harris, of Bradley, and 26-year-old Sullivan, of Bourbonnais, are both charged with first-degree murder in Bradley Police Sgt. Marlene Rittmanic’s death and attempted murder in the shooting of Bradley Police Sgt. Tyler Bailey on Dec. 29, 2021, at the Comfort Inn property in Bradley.
Jeff Bonty is a reporter for The Daily Journal. He can be reached at jbonty@daily-journal.com and 815-937-3366.
Jeff Bonty has worked for The Daily Journal since September 1986, starting in the sports department before moving to news reporting in 2002. He's a native of Indiana and graduate of Purdue University. His email is jbonty@daily-journal.com.
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