Judge not happy with defense in Harris case

What was supposed to be the sentencing hearing for Xandria Harris on her direct contempt of court conviction turned into a lecture to Harris’ two attorneys by Kankakee County Circuit Judge Kathy Bradshaw-Elliott.

Thursday’s hearing had been set since May 9.

Her attorney, Cierra Norris, agreed to that date along with Kankakee County State’s Attorney Jim Rowe.

Harris was held in direct contempt of court during the murder trial last September of her co-defendant and boyfriend, Darius Sullivan.

Sullivan shot and killed Bradley Police Sgt. Marlene Rittmanic and seriously wounded now-retired Bradley Police Sgt. Tyler Bailey in December 2021.

Sullivan was convicted of murder, attempted murder and endangering the lives of his three children when he shot two Bradley officers in December 2021.

Harris is facing the same charges.

Bradshaw-Elliott sentenced Sullivan to natural life in prison for Rittmanic’s murder and 80 years, plus natural life, for the attempted murder of Bailey.

During Sullivan’s trial, Harris refused to answer questions in the case, although Bradshaw-Elliott ordered Harris to testify after permitting prosecutors to question her through use immunity.

That refusal allowed prosecutors to hold her in direct contempt.

On Tuesday, Norris filed a motion to continue Harris’ hearing.

That request was followed up by a motion filed Thursday to continue Harris’ trial, set to start Sept. 8 and last for two weeks.

Norris did not attend Thursday’s court proceeding.

Representing Harris for Norris were her associates, Dylan Meyers and Kat Walker.

The tone of the proceeding was set when Bradshaw-Elliott sternly told them she was not going to deal with the motions first.

“Where is Ms. Norris at? This case has been scheduled for a long time, and I want to know where she’s at, and why she can’t be here,” Bradshaw-Elliott said.

Walker answered: “Ms. Norris is stuck in a hearing right now.”

“How could she be stuck in a hearing? Because I had this set for a long time,” Bradshaw-Elliott said.

Walker said Norris was at the Bridgeview courthouse in Cook County.

Bradshaw-Elliott said later she was going to call the chief judge [of Cook County] to find out how long it had been set for the same day.

Bradshaw-Elliott asked if both sides were ready to proceed.

“Your Honor, we are not ready to proceed,” Walker answered.

“I have not granted your motion to continue. Do you understand that?” Bradshaw-Elliott replied.

“Yes, your Honor, and I am prepared to address that,” Walker said.

“You’re prepared to do what?” Bradshaw-Elliott asked.

“To address the motion to continue,” Walker replied.

“Well, I’m going to read it to the record,” Bradshaw-Elliott said and did.

In dealing with the motion to continue the sentencing, Norris argued she needed time.

“Defense counsel has a litany of trials in the past few weeks and needs additional time to confer with their expert witness,” her motion said.

Additional time was also needed for Norris’ mitigation specialist, who had been hired six months ago, and had just begun her investigation because of the firm’s heavy caseload and Harris not being brought on for multiple jail calls.

Rowe answered.

“Since Ms. Harris has been in custody, there have been five missed calls that were scheduled that were unable to be held,” Rowe said.

He gave each date and the result.

In four, the logs from the correction department showed the attorney didn’t call or cancel.

“So, this idea in this motion that she has not been brought on for multiple jail calls is BS, Judge. That’s absolutely not true, based on the jail’s records,” Rowe said.

Walker said this had happened.

“I have been on the Zoom multiple times where this has happened,” Walker said.

“I don’t have those dates readily available to you right now. I’m happy to supplement the record with those dates, but I can tell you July 29 was the last time that we had a Zoom call where we were not able to speak with her, which is what resulted in people from our office going in person to the jail to meet with her,” Walker said.

Norris argued in her motion to continue, they had to process 2,000 pages of medical records. More time was needed because they had made further requests for medical records.

Rowe again objected to the continuance.

“Why did we wait until Aug. 5 when the hearing is on the seventh? Because there’s no due diligence. Because there’s no due diligence, Judge. Is this firm even capable of representing Ms. Harris? Now I find out an hour ago they filed a motion to continue the trial.”

Bradshaw-Elliott said they would deal with the motion to continue the trial during a scheduled hearing Friday over several motions.

As for the sentencing, it was rescheduled for Aug. 29.

She was quick to tell Walker and Meyers that Norris needs to be there for Friday’s hearing.

“If she’s not here tomorrow, I’ll ask the state to file a petition to hold her in direct criminal contempt, because that’s what happens to an attorney that doesn’t show up in court,” Bradshaw-Elliott said.